Piedmont Lithium Officer Hearing Report-signed

ROY COOPER
Governor
ELIZABETH S. BIZER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
PIEDMONT LITHIUM CAROLINAS, INC. NEW MINING PERMIT APPLICATION/
PUBLIC HEARING
Hearing Report
Hearing Officer(s): Tamera Eplin, PE
November 15, 2021, and November 18, 2021
AE QJ�
w^^�^� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
Da ^^ ^^^W —" /� 919.707.9200

TABLE OF CONTENTS:
❖ Piedmont Lithium Carolinas, Inc. New Mining Permit Application Public Hearing Summary
❖ List of Issues from the Oral and Written Comments Provided in Response to the Piedmont Lithium
Carolinas, Inc. New Mining Permit Application from the Public Hearing
❖ Appendix
A. Public Hearing Notice
B. Public Hearing Format
C. LQS Presentation
D. Pre -Hearing Information Session Slide Show
E. Written Comments
F. List of Online Registration
G. In Person Sign -in Sheets
H. Recording of Hearing
1. Affidavit of Public Notice
J. Handout: N.C.G.S. Chapter 74 — Article 7, "The Mining Act of 1971"
K. Handout: Permit Application Flowchart
L. Handout: Mine Permit Denial Criteria

PIEDMONT LITHIUM CAROLINAS INC NEW MINING PERMIT APPLICATION
PUBLIC HEARING SUMMARY
PURPOSE OF HEARING
To receive public comment related to Piedmont Lithium Carolina Inc.'s request for a new mining permit for the
operations of a Lithium mine mining operation located off Whitesides Road near the town of Cherryville in Gaston
County.
DATE, TIME. PLACE
The Public Hearing was held both in person and virtually on two separate dates. The in -person public hearing was
held at the Gaston County Courthouse. An info session was provided at 5:30 pm prior to the start of the Public
Hearing. The Virtual Public Hearing was held using the WebEx application. Persons wishing to speak were
requested to register on the Department of Environmental Quality website before noon on November 15, 2021.
The in -person hearing was held on November 15, 2021, from 6:30 PM to 8:17 PM.
The virtual hearing was held on November 18, 2021, from 7:00 PM to 8:04 PM.
DEPARTMENT OF ENVIRONMENTAL OUALITY
In attendance:
Tamera Eplin, Hearing Officer, Winston-Salem Regional Office Regional Engineer, Division of Energy, Mineral,
and Land Resources (DEMLR)
Brian Wrenn, Director, DEMLR,
Toby Vinson, Section Chief of Program Operations, DEMLR,
Brad Cole, Section Chief of Regional Operations, DEMLR,
David Miller, State Mining Engineer, DEMLR,
Adam Parr, Assistant State Mining Engineer, DEMLR,
Josh Kastrinsky, Public Information Officer, DEMLR
OPENING
Tamera Eplin called the hearing to order at 6:30 PM, welcomed everyone in attendance, introduced the staff,
explained the purpose of the hearing, outlined the hearing agenda, and stated the guidelines to follow for providing
comments at the hearing. Tamera Eplin stated that the proceedings would remain open for a period of ten days
following the hearing for additional comments.
Tamera Eplin then explained the action for which the mining permit application is required:
"The applicantproposes to operate a lithium mining operation located off Whitesides Rd. near the
town of Cherryville in Gaston County. The applicant has submitted an erosion and sedimentation
control plan for the mine site intended to protect surrounding areas and watercourses. A
reclamation plan has also been submitted to the Department for review concerning restoration of
this area to a useful land use once mining has terminated. "
Page 1 of 7

David Miller presented an overview on the mining permit procedures pursuant to the Mining Act of 1971 and
explained how it relates to the subject permit application.
Full text of the presentations made by David Miller and Tamera Eplin are attached as Public Hearing Format and
Land Quality Section Public Hearing Presentation.
55 people signed up to speak. Of the 55 people who signed up to speak, 31 spoke during the in -person hearing.
There were 8 speakers who spoke during the virtual hearing. In total, there were 39 speakers.
ORAL COMMENTS
Speakers at the in person November 15, 2021, Hearing
Mark Filardi — Mr. Filardi, geologist for HDR, commented that existing water in the area has been contaminated by
natural sources in excess of state standards.
Bob Lancaster — Mr. Lancaster commented that the operation will destroy water systems and wells. He commented
that wells will go dry and have to be drilled deeper.
Malissa Gordon — Resident of Stanley. Ms. Gordon commented that complex solutions are needed for complex
problems like developing a domestic supply of lithium.
Kelly Thames — HDR employee, spoke in support of the project. Stated no threatened species were observed during
surveys performed by her firm.
Emily Blackburn — Cherryville resident. Ms. Blackburn commented that the applicant is providing employment to
local residents and protecting community.
Daniel Reddy — Gaston County resident. Mr. Reddy commented that domestic supply chain concerns for lithium
require a domestic supply to become more self-sufficient.
Sandra Foster — Lives near proposed eastern pit. Ms. Foster commented that she has concerns about logging forests
on the application site, noise from operations and water being pulled from the aquifer. She would like promises of
environmental protection in writing. She stated concerns for the stability of her church building.
Luke Provencer — Mining engineer, blast, and design specialist. Expressed safety when blasting is prioritized.
Robert Carpenter — Resident living about a mile from the site. Mr. Carpenter commented that he is concerned about
impacts to water resources and local wildlife from operations. Concerned about mobility of turkey and deer.
Concerned his well will be affected.
Locke Bell — Resident of Whitesides Road, former District Attorney for Gaston County. Mr. Bell commented that
he is concerned about impacts to the water table as the mining pits are dug below the water table.
Warren Snowdon — Resident. Mr. Snowdon commented that he has identified multiple wells not on applicant's
maps and wanted further testing of water quality.
Page 2 of 7

Lisa Baldwin — Ms. Baldwin, resident, commented that she is concerned about groundwater depletion and the poor
quality of material reportedly found in ore. She also commented that the community is suffering cumulative
environmental impacts of other nearby sites such as an existing superfund site.
Brian Harper — Mr. Harper, resident, business address of 2015 Hephzibah Church Road, commented that the
blasting plans produce wasted energy that could impact neighbors and would like another study of impacts within
2 miles of the mine. His machinery business has very low tolerance for any vibrations and blasting will negatively
affect his business.
Tim Leonhardt — Mr. Leonhardt, resident of 129 George Paysour Road, commented that his property's well would
be impacted by operations but was not on the applicant's maps. He stated the maps are too small to see the true
topography of the site and to show all wells within 1000 feet of the mine.
Gerry Kingslgy — Chair of Sierra Club Piedmont Group. Mr. Kingsley commented that he would submit detailed
information in writing. He stated that the plans don't show stream buffers. Storage of the waste rock is a concern.
Elizabeth Carpenter — Ms. Carpenter, resident, commented that the state should be protecting community welfare,
and that property acquisitions are "pitting neighbor against neighbor."
Benjamin Carpenter — Mr. Carpenter, resident, commented that neighbors are selling land to the developer, and that
a proposed high school would not be built because of mining operations.
Eric Carpenter — Mr. Carpenter, resident, commented that the application fits several of the state's criteria for denial,
and that similar operations in Gaston County have led to arsenic in waterbodies. Concerned about dust reaching
his property.
Cathi Putnam —Ms. Putnam submitted written comments on behalf of other who did not speak. Resident of Anthony
Grove Road. Expressed concern for groundwater and natural springs.
Steve Banner — Mr. Banner, realtor, said that he was concerned about the impacts of blasting and vibrations on
homes and his real estate business.
Rich Pembleton — Mr. Pembleton, resident, commented that hard rock mining operations are "archaic," and that
other types of mining are preferred. He also commented that he is concerned about impacts to the water table and
rural quality of life.
Frank Moxham — Mr. Moxham, Gastonia resident, commented that he is concerned about how dewatering the site
will impact the local water table, wetlands, and area wildlife.
Sonya Snowdon — Ms. Snowdon commented that building surrounding the proposed site may be negatively
impacted by blasting, and that her property has wells not on the applicant's maps. She stated her land was not
included in preblasting survey.
Nathan Hancock — Mr. Hancock, commented that the Division of Parks and Recreation and U.S. Fish and Wildlife
Service have missed several parks in the area in their survey. He stated easements along South Fork River should
be evaluated for negative impact by Soil and Water Conservation.
Page 3 of 7

Brandon Jones — Mr. Jones, Catawba Riverkeeper, commented that the proposed stream buffer is not close enough
to meet state rules. He stated that the proposed operation could impact a local crayfish species, but the applicant
has declined to study it. Stated Lithium only proposed 30-foot buffer instead of a 50-foot buffer.
James Powell — Mr. Powell, of HDR, commented that the applicant's contract engineers are designing the roadway
improvements to reduce noise impacts on neighbors.
Beth Valone — Ms. Valone, lives a few miles from the proposed site. She commented that she is concerned about
dewatering impacts on nearby wells and water supply needs. She wants more details from the applicant about how
it will impact local water supply needs.
Al Putnam — Mr. Putnam, Cherryville resident, commented that he supports the proposed mine and thinks lithium
is important to domestic battery production. Stated he intended to lead a township team to lead independent reviews.
Deborah Reynolds — Ms. Reynolds, resident, expressed concern for wells going dry.
Linda Blum — Ms. Blum, resident, expressed concern over her two ponds that drain to Beaverdam Creek being
drained.
Patrick Brindle — Vice President of Piedmont Lithium, provided comments in support of the proposed mine.
Speakers at the virtual November 18, 2021, Hearing
Richard Baldwin — Mr. Baldwin commented that the operation will have disastrous effects on the area. It will ruin
the aquifer and deplete springs. He commented that the potential economic benefit is insignificant compared to the
potential risks. Other mining companies have evaluated the site and determined it unfeasible. Mr. Baldwin also
commented that the watershed will be impacted by arsenic, drought, and other issues such as climate change. The
community does not need another superfund site.
Amy Carpenter — Ms. Carpenter commented that the health, safety, and quality of life of the community is at risk
from the proposed operation. She commented that the applicant fails to account for the dirty side of clean energy.
There will be increased truck traffic, noise, sediment pollution and destruction of wildlife from the operation. The
operation will impact a lot of area for only a pittance of lithium for electric cars. She commented that North Carolina
should put its citizens first rather than business. She continued to mention that business don't stick around and that
the community should not be left with a mess to clean up later.
William Baldwin — Mr. Baldwin commented that the application appears too long, so as to confuse with data and
despite the length, the appendices do not contain enough samples and the reports are out of date and do not include
a large enough sample size. He commented that there is a potential for mine waste toxicity that is not represented
in the application. Mr. Baldwin commented that the well model was not comprehensive and did not include many
of the wells in the surrounding area. He commented that the applicant has had poor interactions with the neighbors
and are too inexperienced to run an operation of this scale. Mr. Baldwin was concerned that his blueberries and
other crops will not have enough water if the applicant dewaters the area and can't guarantee a remediation.
Andrew Baldwin — Mr. Baldwin commented that the area for the proposed operation is not suitable because of the
current residential and agricultural use. He commented that the high water usage will lead to spring and
groundwater depletion. He commented that arsenic from the operation will leach into the soil and cause problems
with wildlife and ground water. Mr. Baldwin commented that the operation does not make sense economically
Page 4 of 7

because only 3% of the reserve is lithium and the other material is simply gravel. He commented that the applicant
is using scare tactics to force neighbors to sell their land and that there is currently a class action lawsuit against
them.
Christina Schatz — Ms. Schatz commented that in 2010, the UN determined that drinking water is a human right
and that the applicant will impact the groundwater and drinking water for their neighbors. She commented that the
operation will impact low income families that may not have the means to dig deeper wells. She noted that 20% of
the surrounding area is listed as low income area. She reiterated that safe and affordable drinking water is of utmost
importance and that the proposed operation will impact the right to them.
Jessica Ng — Ms. Ng commented that the impacts to water were insufficiently address in the application. Details in
the hydro report are inconclusive. She commented that the data in appendix A of the application shows that there
are wells that will run dry. She questioned whether the mining commission valued the neighbors right to water in
the area.
Gail Canipe — Ms. Canipe commented that the operation will be detrimental to land, wildlife, water, and roads. She
commented that the operation will depress the area and create an environment where other beneficial businesses
will not want to come to the area and cause property values to fall. Ms. Canipe commented that well will go dry
and that neighbors will have to get their water from a public source. At the moment the town of Cherryville can't
supply the needs, so neighbors will have to get their water from Lincolnton. She commented that blasting will
damage the historic Beaverdam cemetery. She commented that the applicant is an inexperienced operator who has
no local interest other than ore in the ground. No employees are local and therefore will not have to deal with any
environmental repercussions.
Nancy Scoka — Ms. Scoka commented that the history of similar operations has shown that this type of operation is
a bad idea for the community. The applicant has provided the temptation of an economic boost; however, this is a
false promise. Any economic boost will be temporary in nature, and when the operation leaves, the area will be left
in an economic slump that will be difficult to recover from. She commented that lithium does not reestablish itself
like oil. Once it has been mined it is gone forever. She commented that allowing an operation as proposed would
be allowing permanent destruction to the area.
Speaker who provided comments by phone.
Luis Molina — Mr. Molina called on November 24, 2021 and commented that Lithium mining is a long term benefit
to the environment because of recent developments in clean energy. Mr. Molina commented that in order for the
benefit to be achieved the applicant must do their due diligence to make sure that the community is not left with a
hazard. The provided reclamation plan did appear to address some of these issues. He also stated that concerns
with global warming and the use of fossil fuels outweigh the local changes short term. The operation aligns with
what the world is pushing for to reduce CO2 emissions.
A recording of the above comments can be found at the following link:
hllps:Hedocs.deq.nc. gov/EnergyMineralLandResources/Browse. aspx?dbid=0&startid=4219
WRITTEN COMMENTS
As a part of the official record of this public hearing, the following written comments are attached:
Page 5 of 7

1. Email from Jess Leonhardt dated October 18, 2021.
2. Email from Julia Groner dated October 18, 2021.
3. Email from David Martin dated October 26, 2021.
4. Email from Carl Leatherman Jr. dated November 12, 2021.
5. Letter from Brian Harper dated November 15, 2021.
6. Letter from Cathi Putnam dated November 15, 2021.
7. Letter from Emily Blackburn dated November 15, 2021.
8. Letter from Kelly Thames dated November 15, 2021.
9. Letter from Lisa Stroup dated November 15, 2021.
10. Letter from Malissa Gordon dated November 15, 2021.
11. Letter from Macie Putnam dated November 15, 2021.
12. Letter from HDR dated November 15, 2021.
13. Letter from Pam Horne dated November 15, 2021.
14. Letter from Peggy McNair dated November 15, 2021.
15. Letter from Robert Carpenter dated November 15, 2021.
16. Letter from Robert Carpenter dated November 15, 2021.
17. Letter from Sonya Snowdon dated November 15, 2021.
18. Letter from Tim Leonhardt dated November 15, 2021.
19. Letter from Warren Snowdon dated November 15, 2021.
20. Email from Jim Morrison dated November 16, 2021.
21. Email from Albert Fuchs dated November 17, 2021.
22. Email from Michaela Karutz dated November 17, 2021.
23. Email from Gail Canipe dated November 17, 2021.
24. Email from Libby Carpenter dated November 18, 2021.
25. Email from Marie Robinson dated November 18, 2021.
26. Email from Teresa Walker dated November 18, 2021.
27. Email from Justin Vrla dated November 18, 2021.
28. Email from Leanne Carpenter Cunningham dated November 18, 2021.
29. Email from Tim Leonhardt dated, November 18, 2021.
30. Email from Luis Molina dated, November 19, 2021.
31. Email from Dan Setzer dated, November 20, 2021.
32. Email from Locke Belle dated, November 23, 2021.
33. Email from Benjamin Hugh Carpenter dated, November 23, 2021.
Page 6 of 7

34. Email from James Putnam dated November 25, 2021.
35. Email from Lisa Stroup dated November 26, 2021.
36. Email from Lisa Stroup dated November 26, 2021.
37. Email from Lisa Stroup dated November 26, 2021.
38. Email from Lisa Young dated November 26, 2021.
39. Email from Debby Key dated November 26, 2021.
40. Email from LeAnne Pembleton dated November26, 2021.
41. Email from Lisa Baldwin dated November 26, 2021.
42. Email from Michael & Rebecca Buck dated November 26, 2021.
43. Letter from Locke Bell received November 29, 2021.
CLOSING COMMENTS
Tamera Eplin thanked everyone for attending and for their comments and presentations. Tamera Eplin stated that
the Department would review the items presented at the hearing as they relate to G.S. §74-51 of the Mining Act of
1971. Tamera Eplin reiterated that the proceedings will remain open for a period of ten days following the hearing,
which is November 26, 2021, for filing of any addition comments or statements.
The in -person hearing adjourned at 8:17 PM.
The virtual hearing adjourned at 8:04 PM.
Respectfully submitted by:
Tamera Digitally signed by
Tamera Eplin
Eplin Date: 2021.12.10
13:56:31-05'00'
Tamera Eplin, PE
Hearing Officer
Date: December 10, 2021
Page 7 of 7

LIST OF ISSUES FROM ORAL AND WRITTEN COMMENTS PROVIDED IN
RESPONSE TO THE PIEDMONT LITHIUM, LLC. NEW MINING PERMIT
APPLICATION
PUBLIC HEARING SUMMARY
Comment Summary
Oral comments were given during the in person public hearing held on November 15, 2021, and the virtual public
hearing held on November 18, 2021. Written comments were received prior to and during the public hearing and
through the comment period which closed on November 26, 2021. One individual offered comments by phone.
The comments have been grouped into general topic areas and outlined below.
Groundwater/Well supplies [Denial Criteria d(2)1
Comments were provided expressing concern that dewatering at the mine would impact neighboring wells, affecting
their water quality or drying them up. It was stated that many of the wells are less than 100 feet deep. Drawdown
of the water table in the area is a strong concern by the residents. It was stated that water supply has been a historic
concern for the area and that the Town of Cherryville has had to obtain water from Lincolnton. Increasing climate
change and drought could also exacerbate any issues to well caused by the drawdown from the mine.
Several comments were made regarding the well survey. Commenters stated that wells were missing from the mine
maps, and that the scale of the maps provided by the applicant was too small (I -inch= 200 feet) to show all wells
surrounding the proposed mine. Several requests were made for further study of long-term impact of mining
dewatering operations.
Impact to Wildlife and Fisheries [Denial Criteria d(2A
Concern was expressed that Beaver Dam Creek might dry up and affect wildlife in and around the creek. Concern
as expressed for higher arsenic levels leaching into soils and negatively affecting fish and wildlife.
Comments were also provided that addressed the loss of greenspace and wildlife habitat. Comments stated that the
proposed size of the operation alone is enough to impact wildlife.
Water Quality of Nearby Streams [Denial Criteria d(3)1
Comments were provided that expressed concern for impact to streams and wetlands. One comment was made that
the applicant showed 30-foot buffers on their plans when 50-foot buffers were applicable.
Commenters expressed concern for mining operations negatively affecting Beaverdam Creek, a watershed creek.
Standards of Air Quality and Groundwater Quality Menial Criteria d(3)1
Concern was expressed for arsenic leaching into groundwater and for acid mine drainage. Sampling data and
methods for obtaining the data was questioned. Comments were made regarding dust and other air pollution from
mining operations and stockpiles. Concerns were raised that air pollution and dust could contribute to asthma and
other health problems.
Page 1 of 3

Blasting Menial Criteria d(4)1
Comments were provided that addressed the affect blasting would have on neighboring houses, a church, and the
Beaverdam Cemetery. Concern was also expressed for blasting to affect a business located at 2015 Hephzibah
Church Road. The owner stated business machinery cannot generate specified product dimensions with the
presence of ground vibrations. Some commenters expressed concern for flying rock. Comments also address the
noise impact the blasting would have on neighboring farms and livestock.
Adverse Impact to Parks (Denial Criteria d(5))
Comments were provided that addressed the potential adverse impact to the parks and public stream areas. Concern
was expressed that the nearby parks were not included in the application.
Traffic and Road Closures
Comments were provided that addressed the increase in truck traffic in the area from the mine operation. There
were concerns that the rural area could not support the heavy industrial vehicles.
There were also comments that addressed the road closures that are proposed as they become part of the mining
operation. There were concerns that the private interest of the mine applicant were out weighing the local residents
and taxpayers interest. The road closures will make travel around the area more cumbersome and inconvenience
local residents.
Property Values
Comments were provided that addressed a decrease in property values for those residents in the close proximity of
the mine. There were also concerns that other businesses would not come to the area because of the mining
operation, which would further economically depress the area.
Operator Experience and Economic Feasibility
Comments were provided that addressed the applicant experience in the lithium industry. There were concerns that
since this was their first operation, they would not be able to successfully achieve their goals, may cut corners, or
may walk away from the operation. There were also comments that addressed the low grade of the lithium deposit.
Comments provided concerns that the low grade would not provide enough economic feasibility to continue their
operation, which could cause bankruptcy and leave the community with an environmental hazard.
Environmental Justice
Comments were made regarding environmental justice for the area. Concern was expressed for the financial impact
to residents that may need to install deeper wells, decline in property values, economic decline of the area once
mining operations are concluded, and potential adverse health conditions.
Page 2 of 3

Energy Independence and Green Energy
Comments were provided regarding the need to secure energy independence by developing a domestic supply of
lithium. Comments also addressed the push for green energy and the need for lithium to supply battery
manufacturers for electric vehicles and battery back up for solar and wind.
Job Creation
Comments were provided that addressed the job creation provided by Piedmont Lithium Carolinas, Inc. It was
suggested that this operation would bring many jobs to the area.
Contractor and Consultant Input
Contractors and consultants spoke on behalf of or in favor of the proposed mine, stating their involvement with area
surveys, studies, and analyses. Comments were provided that spoke of studies that have already been completed to
address potential issues regarding, groundwater, wildlife, blasting, and other potential issues.
Page 3 of 3

Appendix A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environmental
Quality concerning Piedmont Lithium Carolinas, Inc.'s application for Mining Permit No. 3 6-3 5 (Pending)
for a lithium mining operation located off SR 1622 (Hephzibah Church Rd.), SR 1438 (St. Marks Church
Rd.), and SR 1624 (Whitesides Rd.), near the town of Cherryville, in Gaston County.
AUTHORITY:
NC General Statute (N.C.G.S.) §74-51 and NCAC Title 15, Chapter 5
Subchapter 513, Section .0011
PLACE, TIME, DATE:
Due to significant public interest the Division of Energy, Mineral, and
Land Resources (DEMLR) will host an "In Person" hearing as well as a
virtual overflow hearing via WebEx. If registrants are not able to speak
during the "In Person" hearing, they will be asked to provide comments in
writing or to attend the virtual hearing.
IN PERSON:
Date and Time:
Information Session: Monday, November 15, 5:30 p.m.
Hearing: 6:30 p.m. to 9:30 p.m.
Location:
Gaston County Courthouse
325 Dr. Martin Luther King, Jr., Way
Gastonia, NC 28052
ONLINE:
Date and Time: Thursday, November 18, 7:00 p.m. to 9:00 p.m.
Participants can join the meeting at 6:45 p.m.
Cisco WebEx Link:
https://ncdenrits.webex.com/ncdenrits/ .php?MTID=m l 6a9c3 c2
54010c443da070654695f6df
Meeting Password: NCMining (62646464 from phones)
Meeting Number (Access Code): 2429 910 6211
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 242 991 06211
Page 1 of 4

Appendix A
Internet access is not required to participate in the meeting. To comment
by phone, when your name is called, press *3 so the moderator can identify
and open your line. Once you have made your comment, please press *3
to end your comment.
PURPOSE:
To receive comments related to the application for a mining permit for a lithium mining operation located
off SR 1622 (Hephzibah Church Rd.), SR 1438 (St. Marks Church Rd.), and SR 1624 (Whitesides Rd.),
near the town of Cherryville, in Gaston County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed under N.C.G.S.
§74-51 of The Mining Act of 1971 that the Department considers in making its decision to grant or deny a
new mining permit application or a modification to an existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
That the operation will violate standards of air quality, surface water quality, or
ground water quality which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to public
health and safety or to a neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public property, excluding
matters relating to use of a public road;
That the operation will have a significantly adverse effect on the purposes of a
publicly -owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial possibility
that the operation will result in substantial deposits of sediment in stream beds or
lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted under
this Article, or other laws or rules of this State for the protection of the environment
or has not corrected all violations that the applicant or any parent, subsidiary, or
other affiliate of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
Page 2 of 4

Appendix A
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under N.C.G.S. §74-64, or
d. Any other court order issued under N.C.G.S. §74-64, or
e. Final assessment of a civil penalty under N.C.G.S. §74-64.
In the absence of any findings set out above or if adverse effects are mitigated by the applicant as determined
necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the following
manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Energy, Mineral, and Land Resources.
3. Description of the proposed mining operation as applied for by the applicant.
4. Public Comment — Comments, statements, data, and other information may be
submitted in writing prior to the hearing or may be presented orally at the hearing.
Persons desiring to speak must follow the procedure outlined below. So that all
persons desiring to speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations must not exceed the time limit
established by the hearing officer. Any oral presentation that exceeds three (3)
minutes must be submitted as directed by the hearing officer.
5. If you wish to speak at the public hearing (in person or virtual), you must register,
provide the required information, and follow instructions on ways to join the public
hearing. Registration must be completed by 12:00 PM on November 15, 2021. To
register, please visit the following link: https:Hforms.office.com/g/xjR07YaPa3 or
call 919-707-9207
6. If you have technical difficulties, an automated voicemail will be set up from
November 15, 2021, until November 26, 2021, to receive your verbal
comments: 919-707-9207 (Please state your name before commenting.)
7. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
Page 3 of 4

Appendix A
8. (Optional) The applicant may make a short presentation at the end of the hearing
and may be available for individual/group discussion after the hearing is
adjourned.
9. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with the Mooresville Regional,
Raleigh Central Office, and online at our webpage, for the public's information and review prior to the date
of the public hearing. To submit comments or for additional information concerning this hearing contact
by writing or calling:
Adam Parr, PE
Assistant State Mining Engineer
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]
Comments can be submitted via email to [e-mail] with the subject line
"Carolina Lithium Project".
Page 4 of 4

Appendix B
November 18, 2021
VIRTUAL HEARING FORMAT
I. Call to Order:
Good evening and welcome. My name is Tamera Eplin and I am the
hearing officer for this public hearing. My responsibility is to provide a
record of this hearing and written comments for the Director of the
Division of Energy, Mineral, and Land Resources. I would like to
emphasize that absolutely no decisions will be made this evening on this
permit application.
Please refer to a copy of the Mining Act of 1971 for reference during the
hearing.
Introduce DENR staff.-
*David Miller, NC State Mining Specialist
*Adam Parr, NC Assistant State Mining Specialist
*Zahid Khan, Regional Engineer, Mooresville Regional Office
*Brad Cole, Section Chief of Regional Operations
*Toby Vinson, Section Chief of Program Operation
*Brian Wrenn, Director of the Division of Energy, Mineral, and
Land Resources
II. State the Purpose for Hearing:
The purpose of this hearing is to receive public comment related to the
mining permit application for the operation of a lithium mining operation
located off Whitesides Road near the town of Cherryville in Gaston
County.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by the
hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Energy, Mineral, and Land Resources,
Land Quality Section.
3. Presentation that provides a description of the proposed mining
operation.
Page 1 of 5 Rev. 3/2021

Appendix B November 18, 2021
4. Public Comment - Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak have
indicated their intent prior to this evening by registering on the
website. So that all persons desiring to speak may do so, lengthy
statements may be limited at the discretion of the hearing officer. In
order to accommodate the number signed up to speak at both the in -
person and virtual hearing, oral presentations will be limited to 2
minutes. Additional comments may be submitted in writing.
5. Cross examination of persons presenting testimony will not be
allowed; however, I as the hearing officer may ask questions for
clarification.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
III. Explanation of the Action for which a Mining Permit is Required:
The applicant proposes to operate a lithium mining operation located off
whitesides Road in Gaston County. The applicant has submitted an
erosion and sedimentation control plan for the mine site intended to protect
surrounding areas and watercourses. A reclamation plan has also been
submitted to the Department for review concerning restoration of this area
to a useful land use once mining has terminated. A copy of this
information may be viewed at the Mining Program website. Copies of the
application materials may also be viewed upon request after tonight at the
Land Quality Section's Mooresville Regional Office and the Raleigh
Central Office.
IV. LQS Presentation:
Now I would like to defer to David Miller, NC State Mining Engineer with
the Division of Energy, Mineral, and Land Resources, for a brief
explanation of the mining permit procedures as set forth in the Mining Act
of 1971 and a brief description of the proposed mining operation. (see
attached "Land Quality Section Public Hearing Presentation')
Page 2 of 5 Rev. 3/2021

Appendix B
November 18, 2021
V. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. §74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
permit application. These criteria are the ones that were explained in detail
to you a few minutes ago by the Mining Program staff.
In light of the number of people who have indicated their desire to present
comments on this application, I will limit oral comments to 2 minutes per
person in order to give everyone desiring to speak adequate time. If time
allows at the end of the hearing, we will open the floor to those who did
not register, have not yet commented and would like to provide a
comment.
If in the course of the hearing you decide that you do not need to speak or
feel that a speaker has already raised your concerns, you can opt to abstain
from speaking but submit your written comments to the Division for
consideration. The Division does consider the written comments with the
same gravity as any of the comments raised orally tonight.
You will be called to speak in the order in which you registered. Please
state your name and your affiliation such as local resident or local
government official. This hearing is being recorded through the WebEx
application and through a digital audio recorder. It is important that you
speak into your computer microphone or phone in a clear manner and in a
location with minimal background noise so that we can get an accurate
recording of your comments.
If you are using the WebEx application, our WebEx administrator will
unmute your microphone when it is your time to speak. A timer will be
displayed on the screen to indicate the amount of time remaining in your
speaking slot. The administrator will also provide a verbal alert when you
have 30 seconds remaining and when your time is up. At the end of your
*2 minutes, the administrator will mute your microphone and the next
Page 3 of 5 Rev. 3/2021

Appendix B
November 18, 2021
speaker will be called. Please be respectful to the other speakers by
adhering to the allotted time limit.
For speakers using the call -in number, please place your phones on mute
when you are not speaking to reduce background noise and electronic
interference. When your name is called, please dial *3, and the
administrator will unmute your line to speak. When you are speaking, the
administrator will provide a verbal alert when you have 30 seconds
remaining and when your time is up.
Non -speaking participants' microphones and phones should be muted at
all times. Please note that chat comments are considered public record. We
encourage you to minimize use of the chat option on the WebEx
application unless you are having technical difficulties or have a pressing
question. Our administrator will attempt to help you with technical issues.
Should you have technical difficulties with the WebEx application that
cannot be resolved, please call into the conference number provided with
the hearing invitation.
The mining applicant will provide the final comments of the night if they
so choose. Now, I will proceed calling on those who have indicated that
they wish to speak.
Please speak when I call your name. Make sure you are being heard.
(Call on each person who wishes to speak and take notes on their comments, concerns, etc.)
LQS staff will address questions concerning the Act.
After all of the individuals that have indicated that they wish to speak have finished their
presentations, ask if anyone else wishes to speak. Ask them to raise their hand in the WebEx
application.
Now, we will open the floor up to any last minute comments the public
would like to make. If you would like to make a comment, please raise
your digital hand, press *3 if you are calling on the phone, or indicate it in
the chat.
After all comments are done
Page 4 of 5 Rev. 3/2021

Appendix B
November 18, 2021
Is there anyone else?
At this time, would the applicant wish to make some brief comments?
We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
will review the items presented tonight as they relate to G.S. §74-51 of the
Mining Act of 1971.
The proceedings of this public hearing will remain open for a period of 10
days from tonight or until November 26, 2021(Date 10 Days from
Hearing) for the filing of additional written comments to be included in
the official hearing summary.
The proceedings from the hearing will be summarized in a hearing
officer's report I will prepare for the Director of the Division of Energy,
Mineral, and Land Resources.
Please send any written comments to the following address:
Tamera Eplin
Regional Engineer
Winston-Salem Regional Office, DEQ
450 Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
OR
tmera. eplinkncdenr. gov
[e-mail]
Please note that even though the public hearing summary will close on
November 26, 2021 (Date 10 days from hearing), the Department will
continue to accept written public comments on this application throughout
the application review process until a decision is made.
This public hearing is now adjourned.
Page 5 of 5 Rev. 3/2021

Appendix C
November 15, 2021
MINING PROGRAM PUBLIC HEARING PRESENTATION
As Ms. Eplin said, my name is David Miller. My title is NC State Mining
Engineer with the Department of Environmental Quality, Division of
Energy, Mineral and Land Resources, Mining Program.
My job, and that of the other members of the staff, is to review all
applications for a mining permit as they relate to The Mining Act of 1971.
The Mining Act can be found on the Mining Program web page. Copies
of the Act were also mailed to those who provided written comments.
I would like to take a moment and briefly review a few specific areas of
the Act. If you would refer to G.S. §74-47, Findings, on the first page of
the Mining Act:
"The General Assembly finds that the extraction of minerals by mining is a basic and
essential activity making an important contribution to the economic well-being of North
Carolina and the Nation. Furthermore, it is not practical to extract minerals required by
our society without disturbing the surface of the earth and producing waste materials, and
the very character of certain surface mining operations precludes complete restoration of
the land to its original condition. However, it is possible to conduct mining in such a way
as to minimize its effects on the surrounding environment. Furthermore, proper
reclamation of mined land is necessary to prevent undesirable land and water conditions
that would be detrimental to the general welfare, health, safety, beauty, and property rights
of the citizens of the State. The General Assembly finds that the conduct of mining and
reclamation of mined lands as provided by this Article will allow the mining of valuable
minerals and will provide for the protection of the State's environment and for the
subsequent beneficial use of the mined and reclaimed land. "
On page 4 of the Mining Act, under G.S. §74-51, Permits - Application,
granting, conditions, the Act states, under subsection (b) that:
"The Department shall grant or deny the permit requested as expeditiously as possible,
but in no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department,
or if a public hearing is held, within 30 days following the hearing and the filing of any
relevant and material supplemental information reasonably required by the Department.
On page 5 of the Act, under subsection (c), the Act goes on to state:
Pagel of 5 Rev. 2021

Appendix C
November 15, 2021
"The public hearing shall be held within 60 days of the end of the 30-day period within any
requests for the public hearing shall be made. "
The most important information that I can present to you tonight is found
under subsection (d) beginning at the bottom of page 5 of the Act. It states:
"The Department may deny the permit [or modification to the existing permit] upon finding
[only one of the seven criteria listed on pages 7 and 8 of the Act]:
1. That any requirement of this Article or any rule promulgated hereunder will be violated by the
proposed operation; This means that the very nature of the activity proposed in the application
will immediately violate any of the basic requirements of the Act and corresponding
Administrative Rules.
2. That the operation will have unduly adverse effects on potable groundwater supplies, wildlife,
or fresh water, estuarine, or marine fisheries;
The application was routed to NC Wildlife Resources Commission (WRC)
on August 31, 2021 for their review and comment. WRC's comments were
received on October 5, 2021 and noted that the had Company conducted
surveys for federally protected species, and none were observed within the
proposed mine site. The application was routed to US Fish and Wildlife
(USFW) on August 31, 2021 and comments received on September 21,
2021 noted: suggested several operation standards. In addition, the
Division of Water Recourses (DWR) provided comments on September
23, 2021 regarding impacts to ground water supplies. Their comments
included the following: Modi acation to the well water meditation plan so
that_ list_ interim_ water supply_until_restoration_ is_ achieved•_additionaI
monitoringwells,_and that no less than 6_0_days Prior to anv dewatering
the company_bcgin monthly_ground water monitories.,
3. That the operation will violate standards of air quality, surface water quality, or ground water
quality that have been promulgated by the Department:
The application was routed to the Division of Air Quality (DAQ) and
DWR for review and comment. Comments were received from these
agencies on October 10, 2021 and November 12, 2021 respectively and
noted the following: DAQ had not received -an application for a permit
and they_ were concer_n_about burning of y�etated waste during
Page 2 of 5 Rev. 2021

Appendix C
November 15, 2021
(high tempters in the summer__DWR-Industrial Permitting unit want to
seethe sewer discharge agreement with_the localRroyided2 _the make=u
of the discharge, and voiced concern if_the site quali led oal a_Gene -
Strom Permit for Mining.
4. That the operation will constitute a direct and substantial physical hazard to public health and
safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial
building, public road, or other public property, excluding matters relating to the use of a public
road;
The application contained information regarding active and final slopes at the site. It
also contained information on the blasting practices and the procedures that will be
utilized in the area covered by the application. Mining permits contain specific blasting
conditions for blasting.
5. That the operation will have a significantly adverse effect on the purposes of a publicly owned
park, forest, or recreation area;
NC Division of Parks and Recreation replied on September 13, 2021, and
has no objections.
6. That the previous experience with similar operations indicates a substantial possibility that the
operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or
acid water pollution;
A detailed erosion and sedimentation control plan was submitted with the
application and will be thoroughly evaluated by both the Land Quality
Section's Mooresville Regional Office staff and the Raleigh Central
Office staff.
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not
been in substantial compliance with this Article, rules adopted under this Article, or other laws
or rules of this State for the protection of the environment or has not corrected all violations that
the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have
committed under this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
c. Conviction of a misdemeanor under G.S. §74-64,
d. Any other court order issued under G.S. §74-64, or
Page 3 of 5 Rev. 2021

Appendix C
November 15, 2021
e. Final assessment of a civil penalty under G.S. §74-64.
This pertains to the applicant's prior operating record with the Mining
Program and the Department of Environmental Quality as a whole.
The Act goes on to clearly state that:
"In the absence of any findings set out in subsection (d) of this section, or if adverse effects
are mitigated by the applicant as determined necessary by the Department, a permit shall
be granted. "
Please be advised that offsite truck traffic on public roads, noise, and
potentially negative impacts on property values are not within the
jurisdiction of The Mining Act of 1971. These items are more properly
addressed through local zoning ordinances. I also would like to draw your
attention to G.S. §74-65, Effect of local zoning regulations, on page 12 of
the Act. The Act basically states that the issuance of a state mining permit,
and any transfer or modification to it, does not supersede any duly adopted
local zoning ordinance. Furthermore, it is the responsibility of the local
authority, not the Department, to enforce any such ordinance that may be
in effect covering the project area.
The decision on the issuance of a mining permit will not be made tonight.
The authority to issue or deny a permit lies with the Director of the
Division of Energy, Mineral and Land Resources, *(Director) Mr. Brian
Wrenn.
Any permit issued shall be expressly conditioned upon compliance with
all requirements of the approved reclamation plan for the operation and
with such further reasonable and appropriate requirements and safeguards
as may be deemed necessary by the Department to assure that the
operation will comply fully with the requirements and objectives of the
Mining Act.
If the Department denies this application for a permit, it shall notify the
operator in writing, stating the reasons for its denial and any modifications
in the application, which would make it acceptable. The operator may
thereupon modify their application or file an appeal to the Office of
Page 4 of 5 Rev. 2021

Appendix C
November 15, 2021
Administrative Hearings. In the event that the application for a mining
permit is approved, any aggrieved parties will be notified by the
Department of the permit issuance and its rights to file an appeal
contesting the Department's issuance of the permit.
The hearing record will remain open for a period of up to 10 days from
tonight or the *(date) of *(Month). This gives those individuals that were
unable to attend an opportunity to comment. You may also use this time
if you think of something else that you would like to add to your comments
made here tonight. This provides you that opportunity.
Now that a public hearing has been held on this application, the
Department has a 30-day review clock. The 30-day period starts after this
hearing tonight. Should the Department request additional information
from the applicant, the 30-day clock would start over upon the
Department's receipt of all of the requested information. Such a process
would continue until all of the Department's questions have been
answered and a decision is made on the application.
I will now give a brief presentation to highlight some of the details of the
application for the proposed permit.
If there are no questions, I would like to turn the program back over to Ms.
Eplin.
Page 5 of 5 Rev. 2021

S p F
Ap
• NOR Ili CARGUNA i �.• y
fleparkment of Egvimu mental Quality
i

Appendix D
Geological
Survey
Energy Program
Division of
Energy, Mineral,
and Land
Resources
Mining Program
Land Quality
Section
Sediment
Program
Dam Safety
Program
NORTH CARONANA� Q��
oepaement M Environmental Duality

Appendix D
Mining Program Staff
Central Office Staff:
David Miller, PE State Mining Engineer
Adam Parr, PE Assistant State Mining Engineer
Brenda Harris, Administrative Assistant
Department of Environmental Quality
NOR �iCAHOLI NA
Department of Environmental quality

Appendix D
4
The Mining Program is
a state program and is
not under the authority
of the federal
government.
State permit decisions
are independent of local
regulations and zoning.

Appendix D
The Mining Act of 1971
• As indicated in § 74-47. Findings, "The General Assembly finds that the conduct of mining
and reclamation of mined lands as provided by this Article will allow the mining of valuable
minerals and will provide for the protection of the State's environment and for the
subsequent beneficial use of the mined and reclaimed land."
Department of Environmental Quality
NOHIIiC�NA
Department of Environmental Ouality

Appendix D
Additional handouts available
- Copies of the full Mining Act of 1971
- Permit review flowchart (100 copies)
- Issues of local concern/denial criteria
- Our business cards
Department of Environmental Quality

Appendix D
Mining
g
What We Do
Program
Department of Environmental Quality
• Permitting
• Inspections
• Enforcement
• Complaints — General, Blasting, Wells
• Technical Assistance/Public Outreach
Projects
• Reclamation Projects
• Integrated with Dam Safety & Sedimentation
Control Programs
NORTH CAROLINAD
Department ofEnvironmental Duality

Appendix D
Mining Permits
• A mine permit is required if one or
more acres of land are affected by
mining activity (excavation,
access/haul road, stockpiles, E&SC,
etc.)
• Exemptions:
• On -site construction or farming
• DOT contractor borrow pits
(conditional)
• Five -acre single project borrow pits
(covered by the Sedimentation
Pollution Control Act, includes roads)
Department of Environmental Quality

Appendix D
Mining Statistics
X`
Department of Environmental Quality
■
• 786 permitted active/inactive mines
• Permits by commodity:
• 63% Sand & Gravel
• 20% Crushed Stone
• 5% Brick Clay
• 2% In stream Sand Dipping
• 3% In stream Sand Dredging
• 7% Other
• 138,307 total acres permitted
Largest permit — 16,512 acres (Phosphate)
Smallest permit — 1.94 acres (Sand & Gravel)
NORTH CAROLINA� Q��
oepaement M Environmental Duality

Appendix D
Mining Permits
Permitting Process
• Application form
• Processing fees
• Maps
• Supporting data (calculations, studies, etc.)
• Interagency review of all applications
• Notification of adjoining property owners within
1,000' and local government
• Additional information (as needed)
• Public hearing on new & some modifications
possible
• Reclamation bond
Department of Environmental Quality
Archives and
History
Others (Solid
Waste, Stormwater
NCDOT)
DEMLR
Mining
Program
Marine Water
Fisheries Resources
Fr
ParksaionZ
ish and
Recreldlife
rvice

Appendix D
Mining Permits
Denial Criteria
1. Operation will violate the
Act/Rules
2. Unduly adverse effects
on potable groundwater
supplies &
wildlife/fisheries
3. Operation will violate
State air, water, or
groundwater standards
4. Adverse effect on
publicly -owned park,
forest, or recreation area
Department of Environmental Quality
5. Direct and substantial
physical hazards to public
health and safety or
neighboring property,
excluding use of public
roads
6. Substantial sedimentation or
acid water pollution
7. Uncorrected serious
violations of Act & Rules of
prior mining permit
NORTH CAROLNA� Q��
oepaement M Environmental Duality

Appendix D
12
Permitting Considerations
Groundwater Monitoring
• Mining permits may include groundwater monitoring requirements
• Baseline monitoring
• Water level monitoring after drawdown activities begin
• Mitigation plan should impacts occur
NORTH CAROLINAD E Q��
Npenment of Envirenmentnl fw.,

Appendix D
Permitting Considerations
Blasting
• Mining permits include blasting requirements
• Peak particle velocity
• Air overpressure
• Ground vibrations
• Flyrock prevention
• Reporting
13
to
u
N
C
.a
2.0
m 1.S
u
C
aL o:$
m 0.7
q 0.6
3 0.s
0./
a
E 0.3
3
E o.2
A
0.1
10-0
2.0
1.S
1.0
0.9
0.7
0.6
o.s
0.4
0.3
0.2
e0
Blast Vibration Frequency, Hz
Figure 1 Alternative blasting level cntena
(Source modirred from figure B-1. Bureau of Mines R18507)
2 wsee
0.75 inlsac
i
1i
1 i 10 20 JO

Appendix D
Mining Program
Other Functions
• Routine Inspections — each site
should be inspected a minimum of
once per year
• Enforcement Actions:
• Notices of Deficiency
• Notice of violation for permit
violations
• Notice of violation for mining
without a permit
• Civil Penalty Assessments
• Bond Forfeiture
• Injunctions
• Permit Revocation
Department of Environmental Quality
4

Appendix D
r
I,: r
Mining Program
Other Functions
r
Release of Site
4
Upon written request by the operator, an
inspector will confirm and document that
the site is fully reclaimed and releasable.
At permit release, the reclamation bond is
also released and returned to the operator.
Department of Environmental Quality

Appendix D
I
• Three takeaways:
1. Mining is a right in North Carolina,
2. The Mining Act does not supersede local zoning
3. A lake or pond is acceptable reclamation.
16

Appendix D
C
Department of Environmental Quality
AL

Appendix E
WRITTEN COMMENTS
Written Comments can be found at the following link:
https://edocs.deq.nc. gov/EnergyMineralLandResources/Browse.aspx?dbid=0&startid=4064

Appendix F
ID
1
Start time
10/17/2115:11:07
Completion time
10/17/2115:11:47
First Name
Adam
Last Name
Cooke
Emai12
[e-mail]
D. you desire
speak?
Yes
to D. you
At which hearing will you be speaking? language
Virtual - November 18, 2021
require
services?
No
2
10/18/2110:30:20
10/18/2110:32:03
Mark
Filardi
[e-mail]
Yes
In Person - November 15, 2021
No
3
10/18/2111:43:16
10/18/2111:44:43
Bob
Lancaster
[e-mail]
Yes
In Person - November 15, 2021
No
4
10/18/2110:43:02
10/18/2112:13:57
Charles
Roseberry
[e-mail]
Yes
In Person - November 15, 2021
No
5
10/19/213:35:39
10/19/213:36:12
Stephen
Jones
[e-mail]
Yes
In Person - November 15, 2021
No
6
10/19/2114:33:37
10/19/2114:34:35
Kelly
Thames
[e-mail]
Yes
In Person - November 15, 2021
No
7
10/19/2114:59:08
10/19/2114:59:40
Malissa
Gordon
[e-mail]
Yes
In Person - November 15, 2021
No
8
10/19/2115:05:47
10/19/2115:06:09
Steven
Woolard
[e-mail]
No
Virtual - November 18, 2021
No
9
10/19/2115:34:31
10/19/2115:36:09
Emily
Blackburn
[e-mail]
Yes
In Person - November 15, 2021
No
10
10/20/2110:38:32
10/20/2110:38:43
Daniel
Reddy
[e-mail]
Yes
In Person - November 15, 2021
No
11
10/21/2113:31:08
10/21/2113:32:38
Sandra
Foster
[e-mail]
Yes
In Person - November 15, 2021
No
12
10/21/2113:33:15
10/21/2113:34:35
Sandra
Foster
[e-mail]
Yes
In Person - November 15, 2021
No
13
10/21/2115:24:03
10/21/2115:24:44
Luke
Provencer
[e-mail]
Yes
In Person - November 15, 2021
No
14
11/4/2115:53:28
11/4/2115:54:17
Robert
Carpenter
[e-mail]
Yes
In Person - November 15, 2021
No
15
11/5/2112:03:06
11/5/2112:03:48
Locke
Bell
[e-mail]
Yes
In Person - November 15, 2021
No
16
11/5/2120:34:50
11/5/2120:36:03
Warren
Snowdon
[e-mail]
Yes
In Person - November 15, 2021
No
17
11/7/2119:11:19
11/7/2119:14:50
Lisa
Baldwin
[e-mail]
Yes
In Person - November 15, 2021
No
18
11/7/2119:15:12
11/7/2119:15:56
Richard
Baldwin
[e-mail]
Yes
Virtual - November 18, 2021
No
19
11/8/219:05:07
11/8/219:05:48
Brian
Harper
[e-mail]
Yes
In Person - November 15, 2021
No
20
11/8/2118:46:59
11/8/2118:48:32
Tim
Leonhardt
[e-mail]
Yes
In Person - November 15, 2021
No
21
11/10/217:09:45
11/10/217:11:02
Gerry
Kingsley
[e-mail]
Yes
In Person - November 15, 2021
No
22
11/10/2110:31:53
11/10/2110:32:21
Elizabeth
Carpenter
[e-mail]
Yes
In Person - November 15, 2021
No
23
11/10/2110:32:23
11/10/2110:32:56
Benjamin
Carpenter
[e-mail]
Yes
In Person - November 15, 2021
No
24
11/10/2110:44:46
11/10/2110:46:21
Eric
Carpenter
[e-mail]
Yes
In Person - November 15, 2021
No
25
11/10/2112:44:16
11/10/2112:45:57
LeAnne
Pembleton
[e-mail]
Yes
In Person - November 15, 2021
No
26
11/10/2115:38:27
11/10/2115:38:42
Christina
Schatz
[e-mail]
Yes
In Person - November 15, 2021
No
27
11/10/2120:59:43
11/10/2121:01:13
Amy
Carpenter
[e-mail]
Yes
Virtual - November 18, 2021
No
28
11/11/2110:14:50
11/11/2110:15:38
cathi
putnam
[e-mail]
Yes
In Person - November 15, 2021
No
29
11/11/2110:15:44
11/11/2110:16:19
macie
putnam
[e-mail]
Yes
In Person - November 15, 2021
No
30
11/12/2110:24:41
11/12/2110:26:18
Lisa
Stroup
[e-mail]
Yes
In Person - November 15, 2021
No
31
11/12/2114:06:45
11/12/2114:07:25
Steve
banner
[e-mail]
Yes
In Person - November 15, 2021
No
32
11/12/2114:39:04
11/12/2114:40:33
Rich
Pembleton
[e-mail]
Yes
In Person - November 15, 2021
No
33
11/12/2114:40:53
11/12/2114:41:45
LeAnne
Pembleton
[e-mail]
Yes
In Person - November 15, 2021
No
34
11/13/217:48:19
11/13/217:52:15
Frank
Moxham
[e-mail]
Yes
In Person - November 15, 2021
No
35
11/14/2114:39:16
11/14/2114:39:40
Will
Baldwin
[e-mail]
Yes
Virtual - November 18, 2021
No
36
11/14/2117:03:46
11/14/2117:04:25
Sonya
Snowdon
[e-mail]
Yes
In Person - November 15, 2021
No
37
11/15/217:31:04
11/15/217:31:44
Samantha
Dye
[e-mail]
Yes
Virtual - November 18, 2021
No
38
11/15/218:34:19
11/15/218:36:02
Andrew
Baldwin
[e-mail]
Yes
Virtual - November 18, 2021
No
39
11/15/219:20:37
11/15/219:20:55
Christina
Schatz
[e-mail]
Yes
Virtual - November 18, 2021
No
40
11/15/219:30:31
11/15/219:33:59
Aaron
Baldwin
aaron
Yes
Virtual - November 18, 2021
No
41
11/15/2110:14:49
11/15/2110:17:46
Michael
Hay
[e-mail]
Yes
Virtual - November 18, 2021
No
42
11/15/2110:19:02
11/15/2110:19:34
Nathan
Hancock
[e-mail]
Yes
In Person - November 15, 2021
No
43
11/15/2110:19:36
11/15/2110:20:09
Brandon
Jones
[e-mail]
Yes
In Person - November 15, 2021
No
44
11/15/2110:21:35
11/15/2110:22:18
Todd
Blum
[e-mail]
Yes
In Person - November 15, 2021
No
45
11/15/2110:28:05
11/15/2110:29:37
Gail
Canipe
[e-mail]
Yes
Virtual - November 18, 2021
No
46
11/15/2110:42:18
11/15/2110:43:37
James
Powell
[e-mail]
Yes
In Person - November 15, 2021
No
47
11/15/2111:06:14
11/15/2111:07:19
Beth
Valone
[e-mail]
Yes
In Person - November 15, 2021
No
48
Al
Putnam
i.al.putman@¢mail.com
Yes
n Person - November 15, 2022 - Day Register
49
Lila
Perkins
[e-mail]
Yes
n Person - November 15, 2022 - Day Register
50
Deborah
Reynolds
[e-mail]
Yes
n Person - November 15, 2022 - Day Register
51
Hugh
Carpenter
[e-mail]
Yes
n Person - November 15, 2022 - Day Register
52
Carl
Leatherman
[e-mail]
Yes
n Person - November 15, 2022 - Day Register
53
Scott
Stamey
rowdyscott6802@¢mail.com
Yes
n Person - November 15, 2022 - Day Register
54
55
56
Linda
Patrick
Libby
Blum
Brendle
Carpenter
[e-mail]
[e-mail]
Yes
Yes
Yes
n Person - November 15, 2022 - Day Register
n Person - November 15, 2022 - Day Register
n Person - November 15, 2022 - Day Register

ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/16/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
speak?
Do you want a copy
of the hearing
summary?
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/16/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
speak?
Do you want a copy
of the hearing
summary?
2
A re
r �
1�110C L oX
- � 1�f � I �� se �. � i . ��r..
r s
1 cal rq,,Q�. PC.
�-c,A)6 YOIS-
/�V
V
eiS
�UC C�'rST�ur
�n��G� mk1�,GC1.v
��or c-f�, 1 ,'
/�
! "C
YC
�
��.!�
�G�Ihz,;C;o q,�
N
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
speak?
of the hearing
summary?
����
Jon S
Xo
✓
L .
o
/�
ZCcG� V�►�aL
.Z��,M,�[ �;c.+fi';fE�;u,,.c
5 70 (0 i�..1LS el�rrv;llc-
.. ►^v' e;� , AIL
N�
%5
� n
'F-r3 tOvk �¢-;vlQL
2-9S 7 6- e--(> zf 7-
•
i
�o
1
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
f
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
speak?
Do you want a copy
of the hearing
summary?
f.
1,)- y
'
l�
li U % �-
c�
e-,
1-
/v1j
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
0
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
h sen r
Email Address
s 0. C-a
Mailing Address
L Po '80A *t-S
. e- C� cfse NC .�
Do you wish to
speak?
0 0
Do you want a copy
of the hearing
summar ?
IL
11%
Alcl)
�o.IAPr-QrUCFA
(%, ( L,4A
C)
A. c'
rig
n)
NJ 6
.gc�t g±Vt > -
G�-�kfLv�G A) Cv�lz�
41 0
r
�� Ati
C(kfV0. yl�AV\Qr
�,�a. . , ,
i"I �7t�tN)j LFL - �T
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
speak?
of the hearing
summary?
e e
/
p �}
i��llili� l(; V = 20���VMGNr
�iU v cltvr,c If TT
�� C ,1v7r f .,v
2W-
NO
Y� J
7C-)
��
l
C:
PY�
c
; sse,
�-
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
speak?
of the hearing
summary?
awlei 'Power
• wf.p6Tgek -y-
.�-.
YYN
wsc
F L
J P"�®ItL-7
lo�Z
- co
rz arl Ak,.
1l�dwJ
ec,
4or z, W
1-3 O*VW. LA -
C�T V�ktd gc,
S
Y�eyes
Ye-S
P Kf' ,,I
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
speak?
of the hearing
summary?
1z A
P,e�cla,or..�•1, �r,..� �.. c.o,r.
��.....io,.}—• i� � -60=2
%UCH
30-irrLj In Mnys
C)mS Aj
Z3�3�T
q
a
i G n W40-
-��, ,6
�.j , V Q t o c1C
c.c
E11C, f •`?�C
'�
qq MA
NO
S
P n.
Il
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
speak?
of the hearing
summary?
pop,
L,7
rn } �)
� � �C �
J
YZs
�a
6%II
ar
IJ
46O3, zl �,a Yrite
N
2�
Lo KR,,
buKE�',-WaIMHO�a,
CaM
V/0
CA
'7L
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
%s
speak?
of the hearing
summar ?
0
IQ 2 0[ e C�ae� L1�
f
A�
ifi#W
1
Lt SCE {N
++
�iS> �G�l�G�� rt
zc, 9jf
" NG
Ylp_�d 1,
�
n
moat 1-�phzh�hc
��
Vam
Parki(apsp-s-Ac one
NC
o
�
S
l r r
NO
Garhson
Gasa
oo� ► h
,vo
13ciNc
�k\\Dh ef�Y_L,_-r,
q i Lk ;�n
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
f1�1 jd
1
/3'�z./� �`Iir�af��Cl�>
speak?
»J c�
of the hearing
summary?
P k6k c
2� R d
14z)
tW LE ( L �(
fLE I L -T 3 moo@ AV E
t1LV-tj (1E 9Jy(L-t- C-
��i^ (� �1Tr��
V n•Qn[�1'elhi� r'IF"
LL}M
�s
6 c) {
t d r�,).� �'
' r�..� �; ,.�
of �,
�/d J'
41ex &aJ ur-rt
aGf`b«rnaluc �+ rna1.u.•�
/1/ , r
t,
1fe y .
i
1 G4— j 51
��xS, lr��m; ll��-
P�►' -� /� 2s�UjZ
Al
L
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
• 1 j� Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
�, "%?� �
speak? .
of the hearing
summary?
r
v
�?
a
3c L4,
6 r a t, LA
A /10
,NC
3s9S
t
O wW S�ZQ�f��R�Doc
�5516'Webby
CA, Rai. �.!'C ��
��C
yes
_
0" K'j44-70
10-f?l Qndl.wt�.�
a/ u- �, � p✓!� l
Meu � . �i I �aJ (� f�ei r in G .
`�' �' S. C.G.. �«. �.. S-% .
�vs�C lov
L Z5y02—
w L0 i N
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix G
�k
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/15/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
1
Do you wish to
Do you want a copy
sus . e,-il ?1
speak?
of the hearing
f q
AS zib,11 CL PA
summary?
1
�-
�
f'(O
vC
, .o
z�� Q *
` 7
L
,vo
v
V
r�
Av
J�
J
cm
cNa ilaaf
C�h
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

pendi
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11/16/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
speak?
Do you want a copy
of the hearing
summary?
)
jy�.cbhf•c�lG�..�
�r
r , LCod �a��l- a-f�1 (�
t 'T Creosc 1rL 14-4/ fOGt
O�rO� ���
C�ro� •e��\pc �
�
e-
�
S&IrTL;nebrrgerlrl@«
3.7
Arf Leu.;s
UW
AeWISr-fnjnlsA130@
�! btlLtrSr�rS
pje.ri-em¢r
ehCQ� �'
th�d/hf o n
Jt-tan G�drCLQ.
C�S7vi? . I l� s r 0"B�
fvL�hl . CV m,
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

11
Appendix G
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES
PUBLIC HEARING FOR PIEDMONT LITHIUM MINING PERMIT, 11115/21
PIEDMONT LITHIUM CAROLINAS
Name
Email Address
Mailing Address
Do you wish to
Do you want a copy
speak?
of the hearing
-
summary?
' -
I"3g3
c`
�
�� fit/ czn�,%'.n
<
y
f e rih -i
/�' G l�at✓
R
Ye-,�-JQO
LLz Vo-
G&1e-4 4A-. (r I
C,/P
vd-(
Cc,jo W
Cro(Asc NQ2JQ33
V/
-�
/YCZB'I
O
Speakers who signed up online will be given the first slots to speak at tonight's hearing, and those signing up above will be called if time permits.

Appendix H
HEARING RECORDING
A recording of the public hearing can be found at the following link:
https://edocs.deq.nc. gov/EnergyMineralLandResources/Browse.aspx?dbid=0&startid=4219

Appendix I
AFFIDAVIT OF PUBLICATION
Account #
Order Number
Identification
I Order PO
I Amount
I Cols
Depth
38106
163561
Print Legal Ad - IPL0047276
1
1 $4,669.44
1 4
98 L
Attention: Brenda Harris
NC DENR ENERGY MINERAL & LAND RESOURCES
1612 MAIL SERVICE CENTER
RALEIGH. NC 276991612
----------------------------------------------------------------------------
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environmental Quality conceming Piedmont Lithium Carolinas, Inc.'s
application for Mining Permit No. 36-35 (Pending) for a lithium mining operation located off SR 1622 (Hephzibah Church Rd.), SR 1438 (St. Marks Church Rd.), and
SR 1624 (Whitesides Rd.), near the town of Cherryville, in Gaston County.
AUTHORITY:
NC General Statute (N.C.G.S.) §74-51 and NCAC TNIe 15, Chapter 5 Subchapter 5B, Section .0011
PLACE, TIME, DATE:
Due to significant public interest the Division of Energy, Mineral, and Land Resources (DEMLR) will host an "In Person" hearing as well as a virtual overflow hearing
via WebEx. If registrants are not able to speak during the "In Person" hearing, they will be asked to provide comments in writing or to attend the virtual hearing.
IN PERSON:
Date and Time:
Information Session: Monday, November 15,530 pm.
Rearing: 6:30 p.m. to 9:30 p.m.
Location:
Gaston County Courthouse
325 Dr. Martin Luther King, Jr, Way
Gastonia, NC 28052
ONLINE:
Date and Time: Thursday, November 18, 7:00 p.m. to 9.00 p.m.
Panicpants can join the meeting at 6:45 p.m.
Cisco WebEx Link: httpsJ/bit.y/2) rppDD
Meeting Password: NCMining (62646464 from phones)
Meeting Number (Access Code): 2429 910 6211
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 242 991 06211
Internet access is not required to participate in the meeting. To comment by phone, when your name is called, press *3 so the moderator can identify and open your
line. Once you have made your comment, please press *3 to end your comment.
PURPOSE:
To receive comments related to the application for a mining permit for a lithium mining operation located off SR 1622 (Hephzibah Church Rd.), SR 1438 (St. Marks
Church Rd.), and SR 1624 (Whitesides Rd.), near the town of Cherryville, in Gaston County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed under N.C.G.S. §74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a new mining permit application or a modification to an existing mining permit. These criteria are as
follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be violated by the proposed operation;
2. That Vie operation will have unduly adverse effects on potable ground water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or ground water quality which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public property, excluding matters relating to use of a public mad;
5. That the operation will have a significantly adverse effect on the purposes of a publicly -owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds
or lakes, landslides, or sold water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under
this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or
other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under N.C.G.S. §74-64, or
d. Any other court order issued under N.C.G.S. §7", or
e. Final assessment of a civil penalty under N.C.G.S. §74-64.
In the absence of any findings set out above or If adverse effects are mitigated by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by the Division of Energy, Mineral, and Land Resources.
3. Description of the proposed mining operation as applied for by the applicant.
4. Public Comment - Comments, statements, data, and other information may be submitted in writing prior to the hearing or may be presented orally at the hearing.
Persons desiring to speak must follow the procedure outlined below. So that all persons desiring to speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations must not exceed the time limit established by the hearing officer. Any oral presentation that exceeds three (3)
minutes must be submitted as directed by the hearing officer.
5. If you wish to speak at the public hearing (in person or virtual), you must register, provide the required information, and follow instructions on ways tojoin the public
hearing. Registration must be completed by 12:00 PM on November 15, 2021. To register, please visit the following link: httpsJ/forms.office.com/g/xjRO7YaPa3 or
call 919-707-9207
6.0 you have technical difficulties, an automated voicemail will be set up from November 15, 2021, until November 26, 2021, to receive your verbal comments:919-
707-9207 (Please state your name before commenting.)
7. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification.
8. (Optional The applicant may make a short presentation at the end of the hearing and may be available for individuatgroup discussion after the hearing is ad-
journed.
9. The proceedings will remain open for a period of ten (10) days following the hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with the Mooresville Regional, Raleigh Central Office, and online at our webpage, for
the public's information and review prior to the date of the public hearing. To submit comments or for additional information concerning this hearing contact by
writing or calling:
Adam Parr, PE
Assistant State Mining Engineer
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]
North Carolina } SS
Mecklenburg County }
Before the undersigned, a Notary Public of said
County and State, duly authorized to administer
oaths affirmations, etc., personally appeared,
being duly sworn or affirmed according to law,
cloth depose and say that he/she is a
representative of The Charlotte Observer
Publishing Company, a corporation organized and
doing business under the laws of the State of
Delaware, and publishing a newspaper known as
The Charlotte Observer in the city of Charlotte,
County of Mecklenburg, and State of North
Carolina and that as such he/she is familiar with
the books, records, files, and business of said
Corporation and by reference to the files of said
publication, the attached advertisement was
inserted. The following is correctly copied from
the books and files of the aforesaid Corporation
and Publication.
No. of Insertions: 1
Beginning Issue of: 10/31/2021
Ending Issue of: 10/31/2021
In Testimony Whereof I have hereunto set my hand
and affixed my seal on the 4th day of November,2021
C5
Z. • getcl"a
Notary Public in and for the state of Texas, residing in
Dallas County
ti
E MY Rdw��ry 0) N 11317 yy 61
' y 6I5r7Mf1E1 23, 2022
Comments can be submitted via email to ncminingprogram Cncdencgov with the subject line "Carolina Lithium Project'.
IPL0047276
Oct 31 2021
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!

10/28/21, 11:53 AM Adportal Self Service Advertising Confirmation
Ap endix I
THAN Ic PYOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You
will also receive an email confirmation.
ORDER DETAILS
Order Number:
IPL0047276
Order Status:
Submitted
Classification:
Legals & Public Notices
Package:
CLT - Legal Ads
Final Cost:
4,669.44
Payment Type:
Account Billed
User ID:
IPL0025406
ACCOUNT INFORMATION
NC DENR ENERGY MINERAL & LAND RESOURCES
IP
1612 MAIL SERVICE CENTER
RALEIGH, NC 27699-1612
919-807-6368
[e-mail]
NC DENR ENERGY MINERAL & LAND RESOURCES
TRANSACTION REPORT
Date
October 28, 2021 11:50:04 AM EDT
Amount:
4,669.44
SCHEDULE FOR AD NUMBER IPL00472760
October 31, 2021
The Charlotte Observer
PREVIEW FOR AD NUMBER IPL00472760
ITH CAROLINA DEPARTMENT OF ENVIRONMENTAL DUAL
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
NNILe y hereby given a a public hearirg m be Bela by the Ncnh Carolina De-dment DI EnvirOnme Oualiy cunwming ietlmom umium Carainaa,..s
SIR ,624LRMrikksldesN tNN1.e 5nFChenWllle,lln�ia C 9 Me— locoed al SR 1—ble"lbeh Gh—Rd), SR 1—(8t Mad¢Ch—Md, aha
AITINDNTT:
NG GeneM Skmte IN G G.G7 §74S1 aN NGAG Title 15, GFap,er 5 Gubchepler 58, Gealon Oo11
PLACE, TIME, DATE:
Due tp slgniticant publk interest the DNismn a Energy, Mineral, antl Lei Resources (DEMLR) wi 11—w "In Perron" headng ae well as a vitlum a2dmw hearirg
via WebEx. I, registrants are not able m speaktlurirg me'In Perron'' hearirg, they will be asked m provide commenm in writing or m amrd Ne di l hearing.
IN PERSON:
Information Se®i— Montlay, November 15, 5
Location:
Ga C¢uny GWdb u
325 Dr_ Mahn WNer Klrg, dc, Way
Gesmnra. NG 28052
ONLINE:
Date antl Time: Thu rstlay,Ngel, 6 r P ]'DO pm.mgDD p.m.
particlPan6 ern join hh,e inga695 OD
Cixo Web Ea Link: hllWINIR.y/zMpp00
Meeting Password: NCMlning 162)M1am plwrles)
Meeting Humber (hccesw Oade[: M24299,0 6211
Cixo Web Ea by C... —.1; 55JlD b5TiJLL
Meeting number [anew cadet: 242 991 pfi211
o[ requir¢tl m MdbI am in me rraNirg, Tocammentby pleats, wfien Yaarnama isralletl, pmss'3 m flre metleramrmn maRIN and opan your
IinemOnce�ou have matle youroomment Please prass'3 m end yourcdnmen[
PURPOSE:
To reserve canmen6 mlm¢tl m me applifatbn br a mining PermR mr a lithium mining operation kxwmtl of SR 1622 (Hephzibab Church Rtl), SR 1438 (St Marks
Church Rtll, antl SR 1fi24 N6M1ImsMes Pd J, twat Netam of Cherryvllle, In Gallon C ny.
Commens shall he Ilmikd to flwse tlra[ rekle dlrecly [o Ste raven (]1 denial criteria listed urger NCG.G. §]4 51 ul The Mining Ad of 19]1 tha[tl:e
Deparlmentcansitlers In makirg Its tlecision m gram pr tlmy a crew minirg cem:it apdiration a a moaniratian m an exiaing mining patron. These crimra areas
meows.
llw Depmlmea nay deny such permit aeon ringing:
,.That any requirement of Nis AXlcle or any role promulgamtl he2urderwill be vglaled try Ne propo'..ad nperatlon;
2. That Neopem,ion will have untluy ative0 e6eclson pomble ground wmersupplies, wiklim,oity water,estuarine, or marine fisheries;
3. That he Me— will violatete Idi ofair quaiy,surfacewaterquality, dgroundwasquality which lave been prdnulgaze1bythe Oepadment
4.;httheoperationwill conmimm a bi, antl subslaw pM1ysiraly,l mpublic healthantl salary or toaneighborirg dwelling house, school, churcM1, hcspnal,
roiN or intlus[rial builtling, public road oraher publk property, exclutlirq rtatkrs relating m use of a public road;
5. That theocem,ien will hated s ih,, adverseeffect on the purposes ofapublisyawned pa m11 or recreation area;
6.lnat previous experience wile similar opemtbns irdifates a subsiantlaz Possibility Ma[ Me opemtbn will msuM in suhsmmial deposits of sediment In abeam beds
or lake the "lines, orM"'I r pollution
).That the applirantoranypamnt subsitlury, orotherafiillaR of the applicant or parent has nabem in subMantial mmpllancewnh NisAakk, rules atloptetl urrtler
this AmGe, ar other laws or mks of this State mr the promaien afie emironmem or has rmtcorrepled all violations Nat the auplicantorany parent subsidiary, or
Lether aflilam of the appliram er parent may nave committed under Mis Adick ar rules adopmd under Mir AdiGe and tits[ rtsul[ in:
Revorafion d his permit,
Fodeiwre a part orall of his band or oNer security,
c. Cemiction G a misdemeanor under N.0 G.S. §-4. er
tl. Anyomeroourt dr livi Mender We, S.§)4EQor
e. Final assessor -y acivil air urrtler N.G.Gif § I4
In Me absence a any lindings pet M abate or it adverse effects are mitgated by the applicant as determined necessary by the Deuartmem, a permit shall he
gmmetl.
pV, NTPROCED tit
AlAll pe rested In Nis nvimd m end. The tba hU will be conduckd in the I011owin8 m net.
1.Eplana�ol Ne action for wlrlrcft Me permiti rtquired by M¢nearirg oN',tzr.
2. Expmnaaon of Ne permit procetlumsas set myth in The Mining Aa of 19]1 by Ne O'nision a Energy, Mineral, and l Vd Rearurces.
3. Descdmian of Ne pmposetl rg opemtkn as applietl mr by Ne applicant
4. PuGlc Canment-Comments, sw[ements, data, and atlter information may he submNed In writing prbrm the hearing ormay be presented only az Me 1¢arirg,
Perazans desirirg m speak must mllow the preoedure Mlined beh— So nest all Persons desirirg M steak may do se, Ieg$y smk=menls may be limited az $e
tllscre,ion of the M1eering officer. Oralpmsemaams texceetl Ne time limn establlshetl by Ne hearng oXlcer. "11IR1Senmtion1 exrnetlsthree(RR
abe su bmi dasdir WMgmhearingoXlcer.
5.�Hyouwish m speaks Ne wblic hearing (In person orvirmap, you mud register, provide the repaired inlorma,ian,and falow Inswaionson waysmjoin Ne pudic
b¢adng. Reglmratbn must be canpkmtl by 12A0 PM en Naxmher 15, 2021. To mgismr, Please visit me blbwirq Ilnk: fit¢sJ/brms.oXlre.cem/g/xjRDT'aPa3 er
ra11919-]D]920)
nhave mshniral tlMicunies, an au[omahH micemail will be sa uP bait November 15, ZD21, until November 2fi, 2021,mreceive roar verbalmmmems:919-
]0]-O2g7 (Please crate your tame belare opmmenlingd
). CrossexaminationI p¢rtons presentngmstimonywill rwt R.allowed;htrweW tit¢M1eIn eft 1may askquemimsfarckrRiwtion
6_ (Optional) TTe aPPlkant may make a short pre:mtatim at the antl of the hearing antl may be available b, irdivkuaVgroup discussion after the hearirg y ail-
9ed.
. The proceedings will remain open bra Itarlad of ten (16) days bllowing the headng for addi[laal written argumenkor a4lemems.
INFORMATION:
A copy of the mining permit apd'vwbm antl eonespondirg maps are pit file wiN tl1e Mooresville (Regional, Raleigh Central OXice, antl oRim e, our mmmenwebp e, Mr
ic''mfornw ran an Me publd revaw priortoNe dateame public hearirN. To submit tsormr addltbnal inmrnHtmn -IN nii dng ran tby
wrung or calling:
Adam Parr, F£
Aseismnt Gmle Mlning ErglI
D Nisbn a Energy, Mineral, antl land R¢aeurces
Deparlm Errvironmental Oualiry
"i Mail1 Service Genkr
Ralegh, ie91 Carolina2]�9-1612
kphone'. 91 g-]D)-g20]
GommerRs can be submitted vk email m nanining Program®nctlenrgovwnh Ne subject line
WDDDDWDO
Publlcanon Da@8
<< Click here to print a printer friendly version >>
https://placelegal.mcclatchy.com/legaIs/charlotte/home/confirmation.htmI?id=38752&returnto= 1 /1

Appendix 1
LOCAU10
StarNews I The Dispatch I Times -News PO Box 631245 Cincinnati, OH 45263-1245
Sun .journal I The Daily News I The Star
The Free Press I Gaston Gazette
PROOF OF PUBLICATION
Brenda Harris
MINERAL & LAND RESOURCES
NC Deq Dept Energy
1612 Mail Service CTR
Raleigh NC 27699-1600
STATE OF NORTH CAROLINA, COUNTY OF GASTON
The Gaston Gazette, a newspaper printed and published in the city
of Gastonia, and of general circulation in the County of Gaston,
State of North Carolina, and personal knowledge of the facts
herein state and that the notice hereto annexed was Published in
said newspapers in the issue dated:
W1710 f04119A
and that the fees charged are legal.
Sworn to and subscribed before on 10/30/2021
Legal Clerk
Notary, State of WI, . ounly of Brown
tr - 7
My commision expires
Publication Cost: $685.40
Order No: 6475856 # of Copies:
Customer No: 645103 1
PO #: 11/15 Public Hearing
THIS IS NOT AN INVOICE!
Please do not use this_Jbrnn fir papment remittance.
KA_ HL� N ALLEN
�hatary pudic
St�tp a� W
15GOf15in
Page 1 of 3

Appendix 1
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND
RESOURCES
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the
North Carolina Department of Environmental Quality
concerning Piedmont Lithium Carolinas, Inc.'s application
for Mining Permit No. 36-35 (Pending) for a lithium mining
operation located off SR 1622 (Hephzibah Church Rd.), SR
1438 (St. Marks Church Rd.), and SR 1624 (Whitesides Rd.),
near the town of Cherryville, in Gaston County.
AUTHORITY:
NC General Statute (N.C.G.S.) §74-51 and NCAC Title 15,
Chapter 5 Subchapter 513, Section .0011
PLACE, TIME, DATE:
Due to significant public interest the Division of Energy,
Mineral, and Land Resources (DEMLR) will host an "In
Person" hearing as well as a virtual overflow hearing via
WebEx. If registrants are not able to speak during the "In
Person" hearing, they will be asked to provide comments in
writing or to attend the virtual hearing.
IN PERSON:
Date and Time:
Information Session: Monday, November 15, 5:30 p.m.
Hearing: 6:30 p.m. to 9:30 p.m.
Location:
Gaston County Courthouse
325 Dr. Martin Luther King, Jr., Way
Gastonia, NC 28052
ONLINE:
Date and Time: Thursday, November 18, 7:00 p.m. to 9:00
p.m.
Participants can ioin the meeting at 6:45 p.m.
Cisco WebEx Link: https://bit.ly/2XTppDD
Meeting Password: NCMining (62646464 from phones)
Meeting Number (Access Code): 2429 910 6211
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 242 991 06211
Internet access is not required to participate in the meeting.
To comment by phone, when your name is called, press *3 so
the moderator can identify and open your line. Once you
have made your comment, please press *3 to end your
comment.
PURPOSE:
To receive comments related to the application for a mining
Permit for a lithium mining operation located off SR 1622
(Hephzibah Church Rd.), SR 1438 (St. Marks Church Rd.),
and SR 1624 (Whitesides Rd.), near the town of Cherryville,
in Gaston County.
Comments shall be limited to those that relate directly to the
seven (7) denial criteria listed under N.C.G.S. §74-51 of The
Mining Act of 1971 that the Department considers in making
its decision to grant or deny a new mining permit application
or a modification to an existing mining permit. These criteria
are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promul-
gated hereunder will be violated by the proposed operation;
2. That the operation will have unduly adverse effects on
potable ground water supplies, wildlife, or fresh water, estu-
arine, or marine fisheries;
3. That the operation will violate standards of air quality,
surface water quality, or ground water quality which have
been promulgated by the Department;
4. That the operation will constitute a direct and substantial
Physical hazard to public health and safety or to a neighbor-
ing dwelling house, school, church, hospital, commercial or
industrial building, public road or other public property,
excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect
on the purposes of a publicly -owned park, forest or recreation
area;
6. That previous experience with similar operations indicates
a substantial possibility that the operation will result in
substantial deposits of sediment in stream beds or lakes,
landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other offil-
iate of the applicant or parent has not been in substantial
compliance with this Article, rules adopted under this Arti-
cle, or other laws or rules of this State for the protection of
the environment or has not corrected all violations that the
applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article
or rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under N.C.G.S. §74-64, or
d. Any other court order issued under N.C.G.S. §74-64, or
e. Final assessment of a civil penalty under N.C.G.S. §74-64.
In the absence of any findings set out above or if adverse
effects are mitigated by the applicant as determined neces-
sary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required
by the hearing officer.
2. Explanation of the permit procedures as set forth in The
Mining Act of 1971 by the Division of Energy, Mineral, and
Land Resources.
3. Description of the proposed mining operation as applied
for by the applicant.
4. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to the hearing
or may be presented orally at the hearing. Persons desiring
to speak must follow The procedure outlined below. So that all

Page 2 of 2
Appendix 1
persons desiring to speak may do so, lengthy statements may
be limited al the discrelion of the Inuring officer. Oral
presentations must not exceed the time limit established by
the hearing officer. Any oral presentation that exceeds three
(3) minutes must be submitted as directed by the hearing
officer.
5. If you wish to speak at the public hearing (in person or
virtual), you must register, provide the required information,
and follow instructions on ways to loin the public hearing.
Registration must be completed by 12:00 PM on November
15, 2021. To register, please visit the following link:
https://forms.office.com/g/xiR07YoPa3 or call 919-707-9207
6. If you have technical difficulties, an automated voicemail
will be set up from November 15, 2021, until November 26,
2021, to receive your verbal comments: 919-707-9207 (Please
state your name before commenting.)
7. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions
for clarification.
8. (Optional) The applicant may make a short presentation at
the end of the hearing and may be available for individ-
ual/group discussion after the hearing is adjourned.
9. The proceedings will remain open for a period of ten (10)
days following the hearing for additional written arguments
or statements.
INFORMATION:
A copy of the mining permit application and corresponding
maps are on file with the Mooresville Regional, Raleigh
Central Office, and online at our webpage, for the public's
information and review prior to the date of the public hear-
ing. To submit comments or for additional information
concerning this hearing contact by writing or calling:
Adam Parr, PE
Assistant State Mining Engineer
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]
Comments can be submitted via email to ncminingpro-
gramOncdenr.gov with the subject line "Carolina Lithium
Project".
Oct 30, 2021 #6475856

Chapter 74 - Article 7
Article 7. Appendix J
The Mining Act of 1971.
§ 74-46. Title.
This Article may be known and cited as "The Mining Act of 1971." (1971, c. 545, s. 1.)
§ 74-47. Findings.
The General Assembly finds that the extraction of minerals by mining is a basic and essential activity making an
important contribution to the economic well-being of North Carolina and the nation. Furthermore, it is not practical to
extract minerals required by our society without disturbing the surface of the earth and producing waste materials, and
the very character of certain surface mining operations precludes complete restoration of the land to its original
condition. However, it is possible to conduct mining in such a way as to minimize its effects on the surrounding
environment. Furthermore, proper reclamation of mined land is necessary to prevent undesirable land and water
conditions that would be detrimental to the general welfare, health, safety, beauty, and property rights of the citizens of
the State. The General Assembly finds that the conduct of mining and reclamation of mined lands as provided by this
Article will allow the mining of valuable minerals and will provide for the protection of the State's environment and for
the subsequent beneficial use of the mined and reclaimed land. (1971, c. 545, s. 2.)
§ 74-48. Purposes.
The purposes of this Article are to provide:
(1) That the usefulness, productivity, and scenic values of all lands and waters involved in mining within
the State will receive the greatest practical degree of protection and restoration.
(2) That from June 11, 1971, no mining shall be carried on in the State unless plans for such mining
include reasonable provisions for protection of the surrounding environment and for reclamation of
the area of land affected by mining. (1971, c. 545, s. 3.)
§ 74-49. Definitions.
Wherever used or referred to in this Article, unless a different meaning clearly appears from the context:
(1) "Affected land" means the surface area of land that is mined, the surface area of land associated
with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on
which overburden and waste is deposited, and the surface area of land used for processing or
treatment plant, stockpiles, nonpublic roads, and settling ponds.
(la) "Affiliate" has the same meaning as in 17 Code of Federal Regulations § 240.12(b)-2 (1 April
1992 Edition), which defines "affiliate" as a person that directly, or indirectly through one or
more intermediaries, controls, is controlled by, or is under common control of another person.
(2) "Borrow pit" means an area from which soil or other unconsolidated materials are removed to
be used, without further processing, for highway construction and maintenance.
(3) "Commission" means the North Carolina Mining Commission created by G.S. 143B-290.
(4) "Department" means the Department of Environmental Quality. Whenever in this Article the
Department is assigned duties, they may be performed by the Secretary or an employee of the
Department designated by the Secretary.
(5) "Land" shall include submerged lands underlying any river, stream, lake, sound, or other body
of water and shall specifically include, among others, estuarine and tidal lands.
(6) "Minerals" means soil, 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.
(7) "Mining" means any of the following: (i) the breaking of the surface soil in order to facilitate or
accomplish the extraction or removal of minerals, ores, or other solid matter; (ii) any activity or
process constituting all or part of a process for the extraction or removal of minerals, ores, soils,
https://www.ncleg.net/EnactedLegislation/Statutes/HTMLByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
and other solid matter from their original location; or (iii) the preparation, N#MT Meaning, or
other treatment of minerals, ores, or other solid matter so as to make them suitable for
commercial, industrial, or construction use.
Mining" does not include:
a. Those aspects of deep mining not having significant effect on the surface, where the affected
land does not exceed one acre in area.
b. Mining operations where the affected land does not exceed one acre in area.
C. Plants engaged in processing minerals produced elsewhere and whose refuse does not affect
more than one acre of land.
d. Excavation or grading when conducted solely for on -site construction for purposes other than
mining.
e. Removal of overburden and mining of limited amounts of any ores or mineral solids when
done only for the purpose and to the extent necessary to determine the location, quantity, or
quality of any natural deposit, provided that no ores or mineral solids removed during
exploratory excavation or mining are sold, processed for sale, or consumed in the regular
operation of a business, and provided further that the affected land resulting from any
exploratory excavation does not exceed one acre in area.
f. Excavation or grading where all of the following apply:
1. The excavation or grading is conducted to provide soil or other unconsolidated
material to be used without further processing for a single off -site construction project
for which an erosion and sedimentation control plan has been approved in accordance
with Article 4 of Chapter 113A of the General Statutes.
2. The affected land, including nonpublic access roads, does not exceed five acres.
3. The excavation or grading is completed within one year.
4. The excavation or grading does not involve blasting, the removal of material from
rivers or streams, the disposal of off -site waste on the affected land, or the surface
disposal of groundwater beyond the affected land.
5. The excavation or grading is not in violation of any local ordinance.
6. An erosion and sedimentation control plan for the excavation or grading has been
approved in accordance with Article 4 of Chapter 113A of the General Statutes.
g. Excavation or grading when conducted solely for activities undertaken on agricultural land
that are exempt, pursuant to G.S. 113A-52.01(1), from the requirements of Article 4 of
Chapter 113A of the General Statutes.
(8) "Neighboring" means in close proximity, in the immediate vicinity, or in actual contact.
(9) "Operator" means any person or persons, any partnership, limited partnership, or corporation,
or any association of persons, engaged in mining operations, whether individually, jointly, or
through subsidiaries, agents, employees, or contractors.
(10) "Overburden" means the earth, rock, and other materials that lie above the natural deposit of
minerals.
(10a) "Parent" has the same meaning as in 17 Code of Federal Regulations § 240.12(b)-2 (1 April
1992 Edition), which defines "parent" as an affiliate that directly, or indirectly through one or
more intermediaries, controls another person.
(11) "Peak" means overburden removed from its natural position and deposited elsewhere in the
shape of conical piles or projecting points.
(12) "Reclamation" means the reasonable rehabilitation of the affected land for useful purposes, and
the protection of the natural resources of the surrounding area. Although both the need for and
the practicability of reclamation will control the type and degree of reclamation in any specific
instance, the basic objective will be to establish on a continuing basis the vegetative cover, soil
stability, water conditions and safety conditions appropriate to the area.
(13) "Reclamation plan" means the operator's written proposal as required and approved by the
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
(14)
(15)
(16)
(16a)
(17)
Department for reclamation of the affected land, which shall include but not b,B]M ttd to:
a. Proposed practices to protect adjacent surface resources;
b. Specifications for surface gradient restoration to a surface suitable for the proposed
subsequent use of the land after reclamation is completed, and proposed method of
accomplishment;
C. Manner and type of revegetation or other surface treatment of the affected areas;
d. Method of prevention or elimination of conditions that will be hazardous to animal or fish life
in or adjacent to the area;
e. Method of compliance with State air and water pollution laws;
f. Method of rehabilitation of settling ponds;
g. Method of control of contaminants and disposal of mining refuse;
h. Method of restoration or establishment of stream channels and stream banks to a condition
minimizing erosion, siltation, and other pollution;
i. Maps and other supporting documents as may be reasonably required by the Department; and
j. A time schedule that meets the requirements of G.S. 74-53.
"Refuse" means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly
connected with the mining, cleaning, and preparation of substances mined and shall include all
waste materials deposited on or in the permit area from other sources.
"Ridge" means overburden removed from its natural position and deposited elsewhere in the
shape of a long, narrow elevation.
"Spoil bank" means a deposit of excavated overburden or refuse.
"Subsidiary" has the same meaning as in 17 Code of Federal Regulations § 240.12(b)-2 (1
April 1992 Edition), which defines "subsidiary" as an affiliate that is directly, or indirectly
through one or more intermediaries, controlled by another person.
"Termination of mining" means cessation of mining operations with intent not to resume, or
cessation of mining operations as a result of expiration or revocation of the permit of the
operator. Whenever the Department shall have reason to believe that a mining operation has
terminated, the Department shall give the operator written notice of its intention to declare the
operation terminated, and the operator shall have an opportunity to appear within 30 days and
present evidence that the operation is continuing; where the Department finds that the evidence
is satisfactory, the Department shall not declare the mining operation terminated. (1971, c. 545,
s. 4; 1973, c. 1262, ss. 33, 86; 1977, c. 771, s. 4; c. 845, s. 1; 1989, c. 727, s. 218(13); 1993
(Reg. Sess., 1994), c. 568, s. 1; 1997-443, s. 1IA. 119(a); 1999-82, s. 1; 2002-165, s. 2.1; 2012-
143, s. 1(d); 2014-4, s. 5(c); 2015-241, s. 14.30(u); 2015-263, s. 23.)
§ 74-50. Permits - General.
(a) No operator shall engage in mining without having first obtained from the Department an operating
permit that covers the affected land and that has not been terminated, revoked, suspended for the period in
question, or otherwise become invalid. An operating permit may be modified from time to time to include land
neighboring the affected land, in accordance with procedures set forth in G.S. 74-52. A separate permit shall be
required for each mining operation that is not on land neighboring a mining operation for which the operator has
a valid permit.
(b) As used in subsection (b I) of this section:
(1) "Land adjoining" means any parcel or tract of land that is not owned in whole or in part by, or
that is not under the control of, the applicant or operator or any lessor, affiliate, parent, or
subsidiary of the applicant or operator and that is contiguous to either: (i) any parcel or tract
that includes the permitted area or (ii) any parcels or tracts of land that are owned in whole or in
part by or under the control of the applicant or operator or any lessor, affiliate, parent, or
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
subsidiary of the applicant or operator and that, taken together, are contigAffmi permitted
area.
(2) "Permit boundaries" means the boundaries of a permitted area.
(3) "Permitted area" means affected land and all other land used for or designated as buffers or
reserves, or used for other purposes, as delineated in a mining permit or an application for a
mining permit.
(b1) At the time of an application for a new mining permit or for a modification of a mining permit to add
land to the permitted area, the applicant or operator shall make a reasonable effort, satisfactory to the
Department, to notify:
(1) The chief administrative officer of each county and municipality in which any part of the
permitted area is located.
(2) The owners of record of land adjoining that lies within 1,000 feet of the permit boundaries.
(3) The owners of record of land that lies directly across and is contiguous to any highway; creek,
stream, river, or other watercourse; railroad track; or utility or other public right-of-way and
that lies within 1,000 feet of the permit boundaries. For purposes of this subdivision, "highway"
means a highway, as defined in G.S. 20-4.01(13) that has four lanes of travel or less and that
has not been designated a part of the Interstate Highway System.
(b2) The notice shall inform the owners of record and chief administrative officers of the opportunity to
submit written comments to the Department regarding the proposed mining operation and the opportunity to
request a public hearing regarding the proposed mining operation. Requests for public hearing shall be made
within 30 days of issuance of the notice.
(b3) When the Department receives an application for a new mining permit or for a modification of a
mining permit to add land to the permitted area, the Department shall send a notice of the application to each of
the following agencies with a request that each agency review and provide written comment on the application
within 30 days of the date on which the request is made:
(1) Division of Air Quality, Department of Environmental Quality.
(2) Division of Parks and Recreation, Department of Natural and Cultural Resources.
(3) Repealed by Session Laws 2013-413, s. 57(b), effective August 23, 2013.
(4) Division of Water Resources, Department of Environmental Quality.
(5) North Carolina Geological Survey, Division of Energy, Mineral, and Land Resources,
Department of Environmental Quality.
(6) Wildlife Resources Commission, Department of Environmental Quality.
(7) Office of Archives and History, Department of Natural and Cultural Resources.
(8) United States Fish and Wildlife Service, United States Department of the Interior.
(9) Any other federal or State agency that the Department determines to be appropriate, including
the Division of Coastal Management, the Division of Marine Fisheries, and the Division of
Waste Management of the Department of Environmental Quality, and the Department of
Transportation.
(c) No permit shall become effective until the operator has deposited with the Department an acceptable
performance bond or other security pursuant to G.S. 74-54. If at any time the bond or other security, or any part
thereof, shall lapse for any reason other than a release by the Department, and the lapsed bond or security is not
replaced by the operator within 30 days after notice of the lapse, the permit to which the lapsed bond or security
pertains shall be automatically revoked.
(d) Except as provided in subsection (dl) of this section, permits for mining operations shall be issued for
the life -of -site of the operation unless revoked as otherwise provided under this Article. For purposes of this
section, "life -of -site" means the period from the initial receipt of a permit from the operation until the mining
https://www.ncleg.net/EnactedLegislation/Statutes/HTMLByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
operation terminates and the reclamation required under the approved reclamation �Mn* Jcompleted.
Termination of a permit shall not have the effect of relieving the operator of any obligations that the operator has
incurred under an approved reclamation plan or otherwise. Where the mining operation itself has terminated, no
permit shall be required in order to carry out reclamation measures under the reclamation plan.
(dl) Permits for mining operations conducted on real property that is leased from a public entity shall be
issued for the life -of -lease. For purposes of this subsection, the following terms apply: (i) "life -of -lease" means
the duration of the lease between the owner or operator of the mining operation and a public entity and (ii)
"public entity" means the State, any State agency, State college or university, county, municipal corporation,
local board of education, community college, special district, or other political subdivision of the State.
Termination of a permit shall not have the effect of relieving the operator of any obligations that the operator has
incurred under an approved reclamation plan or otherwise. Where the mining operation itself has terminated, no
permit shall be required in order to carry out reclamation measures under the reclamation plan. (1971, c. 545, s.
5; 1973, c. 1262, s. 33; 1981, c. 787, s. 1; 1993 (Reg. Sess., 1994), c. 568, s. 2; 2000-116, s. 1; 2002-159, s.
35(d); 2012-143, s. l(f); 2013-413, s. 57(b); 2014-115, s. 17; 2015-241, s. 14.30(kk); 2017-209, s. 13(a).)
§ 74-51. Permits - Application, granting, conditions.
(a) Any operator desiring to engage in mining shall make written application to the Department for a
permit. The application shall be upon a form furnished by the Department and shall fully state the information
called for; in addition, the applicant may be required to furnish any other information as may be deemed
necessary by the Department in order adequately to enforce this Article. The application shall be accompanied by
a reclamation plan that meets the requirements of G.S. 74-53. No permit shall be issued until a reclamation plan
has been approved by the Department. The application shall be accompanied by a signed agreement, in a form
specified by the Department, that in the event a bond forfeiture is ordered pursuant to G.S. 74-59, the Department
and its representatives and contractors shall have the right to make whatever entries on the land and to take
whatever actions may be necessary in order to carry out reclamation that the operator has failed to complete.
(b) Before deciding whether to grant a new permit, the Department shall circulate copies of a notice of
application for review and comment as it deems advisable. The Department shall grant or deny the permit
requested as expeditiously as possible, but in no event later than 60 days after the application form and any
relevant and material supplemental information reasonably required shall have been filed with the Department, or
if a public hearing is held, within 30 days following the hearing and the filing of any relevant and material
supplemental information reasonably required by the Department. Priority consideration shall be given to
applicants who submit evidence that the mining proposed will be for the purpose of supplying materials to the
Board of Transportation.
(c) If the Department determines, based on public comment relevant to the provisions of this Article, that
significant public interest exists, the Department shall conduct a public hearing on any application for a new
mining permit or for a modification of a mining permit to add land to the permitted area, as defined in G.S. 74-
50(b). The hearing shall be held before the Department reaches a final decision on the application, and in making
its determination, the Department shall give full consideration to all comments submitted at the public hearing.
The public hearing shall be held within 60 days of the end of the 30-day period within which any requests for the
public hearing shall be made. A public hearing shall not be required for a modification of a mining permit to
extend the duration of the permit to a life -of -site, or life -of -lease, pursuant to G.S. 74-50(d) or (dl), respectively.
(d) The Department may deny the permit upon finding:
(1) That any requirement of this Article or any rule promulgated hereunder will be violated by the
proposed operation;
(2) That the operation will have unduly adverse effects on potable groundwater supplies, wildlife,
or fresh water, estuarine, or marine fisheries;
https://www.ncleg.net/EnactedLegislation/Statutes/HTMLByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
(3) That the operation will violate standards of air quality, surface water qua 4xgkoundwater
quality that have been promulgated by the Department;
(4) That the operation will constitute a direct and substantial physical hazard to public health and
safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial
building, public road or other public property, excluding matters relating to use of a public
road;
(5) That the operation will have a significantly adverse effect on the purposes of a publicly owned
park, forest or recreation area;
(6) That previous experience with similar operations indicates a substantial possibility that the
operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or
acid water pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not
been in substantial compliance with this Article, rules adopted under this Article, or other laws
or rules of this State for the protection of the environment or has not corrected all violations
that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may
have committed under this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64, [or]
f. Failure to pay the application processing fee required under G.S. 74-54.1.
(e) In the absence of any finding set out in subsection (d) of this section, or if adverse effects are
mitigated by the applicant as determined necessary by the Department, a permit shall be granted.
(f) Any permit issued shall be expressly conditioned upon compliance with all requirements of the
approved reclamation plan for the operation and with any other reasonable and appropriate requirements and
safeguards that the Department determines are necessary to assure that the operation will comply fully with the
requirements and objectives of this Article. These conditions may, among others, include a requirement of visual
screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks,
or residential areas, where the Department finds screening to be feasible and desirable. Violation of any
conditions of the permit shall be treated as a violation of this Article and shall constitute a basis for suspension or
revocation of the permit.
(g) If the Department denies an application for a permit, the Department shall notify the operator in
writing, stating the reasons for the denial and any modifications in the application that would make the
application acceptable. The operator may thereupon modify and resubmit the application, or file an appeal as
provided in G.S. 74-61.
(h) Upon approval of an application, the Department shall set the amount of the performance bond or
other security that is to be required pursuant to G.S. 74-54. The operator shall have 60 days after the Department
mails a notice of the required bond to the operator in which to deposit the required bond or security with the
Department. The operating permit shall not be issued until receipt of this deposit.
(i) When one operator succeeds to the interest of another in any uncompleted mining operation by virtue
of a sale, lease, assignment, or otherwise, the Department may release the first operator from the duties imposed
upon the operator by this Article with reference to the mining operation and transfer the permit to the successor
operator; provided, that both operators have complied with the requirements of this Article and that the successor
operator assumes the duties of the first operator with reference to reclamation of the land and posts a suitable
bond or other security. (1971, c. 545, s. 6; 1973, c. 507, s. 5; 1977, c. 771, s. 4; c. 845, s. 2; 1981, c. 787, ss. 2, 3;
1987, c. 827, c. 82; 1989, c. 727, s. 11; 1993 (Reg. Sess., 1994), c. 568, s. 3; 2000-116, s. 2; 2017-209, s. 13(b).)
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
Appendix J
§ 74-52. Permit modifications.
(a) Any operator engaged in mining under an operating permit may apply at any time for modification of
the permit. The application shall be in writing upon forms furnished by the Department and shall fully state the
information called for. The applicant must provide the Department with any additional information necessary to
satisfy application requirements. In addition, the applicant may be required to furnish any other information as
may be deemed necessary by the Department in order adequately to enforce the Article.
(b) Repealed by Session Laws 2017-209, s. 13(c), effective October 4, 2017.
(c) A modification under this section may affect the land area covered by the permit, the approved
reclamation plan coupled with the permit, or other terms and conditions of the permit. A permit may be modified
to include land neighboring the affected land, but not other lands. The reclamation plan may be modified in any
manner, so long as the Department determines that the modified plan fully meets the standards set forth in
G.S. 74-53 and that the modifications would be generally consistent with the bases for issuance of the original
permit. Other terms and conditions may be modified only where the Department determines that the permit as
modified would meet all requirements of G.S. 74-50 and [G.S.] 74-51.
(d) No modification of a permit shall become effective until any required changes have been made in the
performance bond or other security posted under the provisions of G.S. 74-54, so as to assure the performance of
obligations assumed by the operator under the permit and reclamation plan. (1971, c. 545, s. 7; 1993 (Reg. Sess.,
1994), c. 568, s. 4; 2017-209, s. 13(c).)
§ 74-53. Reclamation plan.
The operator shall submit with his application for an operating permit a proposed reclamation plan. Said plan
shall include as a minimum, each of the elements specified in the definition of "reclamation plan" in G.S. 74-49,
plus such other information as may be reasonably required by the Department. The reclamation plan shall
provide that reclamation activities, particularly those relating to control of erosion, shall to the extent feasible be
conducted simultaneously with mining operations and in any event be initiated at the earliest practicable time
after completion or termination of mining on any segment of the permit area. The plan shall provide that
reclamation activities shall be completed within two years after completion or termination of mining on each
segment of the area for which a permit is requested unless a longer period is specifically permitted by the
Department.
The Department may approve, approve subject to stated modifications, or reject the plan which is proposed.
The Department shall approve a reclamation plan (as submitted or as modified) only where it finds that it
adequately provides for those actions necessary to achieve the purposes and requirements of this Article, and that
in addition, the plan meets the following minimum standards:
(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) At open pit mining operations, 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) In no event shall any provision of this section be construed to allow small pools of water that
are, or are likely to become, noxious, odious, or foul to collect or remain on the mined area.
Suitable drainage ditches or conduits shall be constructed or installed to avoid such conditions.
Lakes, ponds, and marsh lands shall be considered adequately reclaimed lands when approved
https://www.ncleg.net/EnactedLegislation/Statutes/HTMLByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
by the Department. Appendix J
(5) The type of vegetative cover and methods of its establishment shall be specified, and in every
case shall conform to accepted and recommended agronomic and reforestation restoration
practices as established by the North Carolina Agricultural Experiment Station and Department
of Environmental Quality. Advice and technical assistance may be obtained through the State
soil and water conservation districts.
The Department shall be authorized to approve a reclamation plan despite the fact that such plan does not
provide for reclamation treatment of every portion of the affected land, where the Department finds that because
of special conditions such treatment would not be feasible for particular areas and that the plan takes all practical
steps to minimize the extent of such areas. (1971, c. 545, s. 8; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c.
727, s. 218(14); 1991, c. 342, s. 1; 1997-443, s. 11A.I19(a); 2015-241, s. 14.30(u).)
§ 74-54. Bonds.
(a) Each applicant for an operating permit, or for the modification of an existing permit shall, following
the approval of the application, file and maintain in force a bond in favor of the State of North Carolina, executed
by a surety approved by the Commissioner of Insurance, in the amount set forth below. The bond herein
provided for must be continuous in nature and shall remain in force until cancelled by the surety. Cancellation by
the surety shall be effectuated only upon 60 days written notice thereof to the Department and to the operator.
(b) The applicant shall have the option of filing a separate bond for each operating permit or of filing a
blanket bond covering all mining operations within the State for which the applicant holds a permit. The amount
of each bond shall be based upon the area of affected land to be reclaimed under the approved reclamation plan
or plans to which the bond pertains, less any area where reclamation has been completed and released from
coverage by the Department, pursuant to G.S. 74-56, or based on any other criteria established by the
Commission, but shall not exceed one million dollars ($1,000,000). The Department shall set the amount of the
required bond in all cases, based upon a schedule established by the Commission.
(c) The bond shall be conditioned upon the faithful performance of the requirements set forth in this
Article and of the rules adopted under this Article. Upon filing the bond with the Department, the operator shall
lose all right, title, and interest in the bond while the bond is held by the Department. Liability under the bond
shall be maintained as long as reclamation is not completed in compliance with the approved reclamation plan
unless released only upon written notification from the Department. Notification shall be given upon completion
of compliance or acceptance by the Department of a substitute bond. In no event shall the liability of the surety
exceed the amount of the surety bond required by this section.
(d) In lieu of the surety bond required by this section, the operator may file with the Department a cash
deposit, an irrevocable letter of credit, a guaranty of payment from an acceptable bank, an assignment of a
savings account in an acceptable bank on an assignment form prescribed by the Department, or other security
acceptable to the Department. Security shall be subject to the release provisions of G.S. 74-56.
(e) If the license to do business in North Carolina of any surety upon a bond filed pursuant to this Article
should be suspended or revoked, the operator shall, within 60 days after receiving notice thereof, substitute for
the surety a good and sufficient corporate surety authorized to do business in this State. Upon failure of the
operator to substitute sufficient surety within the time specified, the operator's permit shall be automatically
revoked. (1971, c. 545, s. 9; 1981, c. 787, s. 4; 1987, c. 827, s. 85; 1993 (Reg. Sess., 1994), c. 568, s. 5; 2012-
143, s. 1(d); 2013-410, s. 7(a); 2017-209, s. 13(d).)
§ 74-54.1. Permit fees.
(a) The fee schedule for the processing of permit applications, transfers, and modifications is as follows:
0-25 acres 26+ acres
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
New Permit Applications $3,750.00 $5,000.00 Appendix J
Permit Modifications $750.00 $1,000.00
Permit Transfers $100.00 $100.00
(al) In addition to the fees set forth in subsection (a) of this section, permittees shall pay an annual
operating fee of four hundred dollars ($400.00) per permit per year as set forth in G.S. 74-55. The Department
may charge a late fee of fifty dollars ($50.00) per month per permit for every month or partial month that
payment of the annual operating fee is delinquent.
(b) Fees collected under this section shall be credited to the General Fund and shall be applied to the costs
of administering this Article.
(c) Repealed by Session Laws 2017-10, s. 4. 1, effective May 4, 2017. (1989 (Reg. Sess., 1990), c. 944, s.
1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1993, c. 513, s. 3; 1993 (Reg. Sess., 1994), c. 568, s. 6; 2007-323, s.
30.2(a); 2012-143, s. l(d); 2013-410, s. 7(b); 2015-241, s. 14.16(b); 2017-10, s. 4.1; 2017-209, s. 13(e).)
§ 74-55. Reclamation report.
(a) By September 1 of each year, the operator shall file a report of activities completed during the
preceding year on a form prescribed by the Department, which includes all of the following:
(1) Identify the mine, the operator and the permit number.
(2) State acreage disturbed by mining in the last 12-month period.
(3) State and describe amount and type of reclamation carried out in the last 12-month period.
(4) Estimate acreage to be newly disturbed by mining in the next 12-month period.
(5) Provide such maps as may be specifically requested by the Department.
(6) Include the annual operating fee pursuant to G.S. 74-54.1(a1).
(b) When filing the annual report, the permittee shall pay the annual operating fee for the permit to the
Department by September 1 of each year until the permit has been terminated by the Department. The
Department may assess and collect a monthly penalty for each annual report or annual operating fee not filed by
September 30 of each year until the annual report and annual operating fee are filed with the Department. If the
required annual report and operating fee, including any late payment penalties, are not filed by December 31 of
each year, the Department shall give written notice to the operator and shall then initiate permit revocation
proceedings in accordance with G.S. 74-58. (1971, c. 545, s. 10; 1987, c. 827, s. 85; 2017-209, s. 13(f); 2020-74,
S. 10.)
§ 74-56. Inspection and approval of reclamation; bond release or forfeiture.
(a) The Department may direct investigations as it may reasonably deem necessary to carry out its duties as
prescribed by this Article, and for this purpose may enter at reasonable times upon any mining operation for the purpose
of determining compliance with this Article and any rules adopted under this Article and for determining compliance
with the terms and conditions of a mining permit, but for no other purpose. No person shall refuse entry or access to any
authorized representative of the Department who enters the mining operation for purposes of inspection or other official
duties and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with the
representative while the representative is carrying out official duties. Upon arriving at the site, the representative of the
Department shall make every reasonable effort to notify the operator or the operator's agent that the representative of the
Department intends to inspect the site. Upon receipt of the operator's annual report or report of completion of
reclamation and at any other reasonable time the Department may elect, the Department shall cause the permit area to be
inspected to determine whether the operator has complied with the reclamation plan, the requirements of this Article,
any rules adopted under this Article, and the terms and conditions of the permit.
(b) The operator shall proceed with reclamation as scheduled in the approved reclamation plan. The Department
shall conduct an inspection and give written notice to the operator of any deficiencies noted. The operator shall
thereupon commence action within 30 days to rectify these deficiencies and shall diligently proceed until they have been
corrected. The Department may extend performance periods referred to in this section and in G.S. 74-53 for delays
clearly beyond the operator's control, but only in cases where the Department finds that the operator is making every
https://www.ncleg.net/EnactedLegislation/Statutes/HTMLByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
reasonable effort to comply. Appendix J
(c) Upon completion of reclamation of an area of affected land, the operator shall notify the Department. The
Department shall make an inspection of the area, and if it finds that reclamation has been properly completed, it shall
notify the operator in writing and release the operator from further obligations regarding the affected land. At the same
time the Department shall release all or the appropriate portion of any performance bond or other security that the
operator has posted under G.S. 74-54.
(d) If at any time the Department finds that reclamation of the permit area is not proceeding in accordance with
the reclamation plan and that the operator has failed within 30 days after notice to commence corrective action, or if the
Department finds that reclamation has not been properly completed in conformance with the reclamation plan within
two years, or longer if authorized by the Department, after termination of mining on any segment of the permit area, the
Department shall initiate forfeiture proceedings against the bond or other security filed by the operator under G.S. 74-
59. In addition, failure to implement the reclamation plan shall constitute grounds for suspension or revocation of the
operator's permit, as provided in G.S. 74-58. (1971, c. 545, s. 11; 1987, c. 827, s. 85; 1993 (Reg. Sess., 1994), c. 568, s.
7; 1995, c. 504, s. 3.)
§ 74-57. Departmental modification of permit or reclamation plan.
If at any time it appears to the Department from its inspection of the affected land that the activities under the
reclamation plan and other terms and conditions of the permit are failing to achieve the purposes and requirements of
this Article, it shall give the operator written notice of that fact, of its intention to modify the reclamation plan and other
terms and conditions of the permit in a stated manner, and of the operator's right to a hearing on the proposed
modification at a stated time and place. The date for such hearing shall be not less than 30 nor more than 60 days after
the date of the notice unless the Department and the operator shall mutually agree on another date. Following the
hearing the Department shall have the right to modify the reclamation plan and other terms and conditions of the permit
in the manner stated in the notice or in such other manner as it deems appropriate in view of the evidence submitted at
the hearing. (1971, c. 545, s. 12.)
§ 74-58. Suspension or revocation of permit.
(a) Whenever the Department shall have reason to believe that a violation of (i) this Article, (ii) any rules
adopted under this Article, or (iii) the terms and conditions of a permit, including the approved reclamation plan,
has taken place, it shall serve written notice of the apparent violation upon the operator, specifying the facts
constituting the apparent violation and informing the operator of the operator's right to an informal conference
with the Department. The date for an informal conference shall be not less than 15 nor more than 30 days after
the date of the notice, unless the Department and the operator mutually agree on another date. If the operator or
the operator's representative does not appear at the informal conference, or if the Department following the
informal conference finds that there has been a violation, the Department may suspend the permit until the
violation is corrected or may revoke the permit where the violation appears to be willful, or where the permittee
has failed to pay the fee or late payment penalties required by G.S. 74-55(b).
(b) The effective date of any suspension or revocation shall be 30 days following the date of the decision.
The filing of a petition for a contested case under G.S. 74-61 shall stay the effective date until issuance of a final
decision. If the Department finds at the time of its initial decision that any delay in correcting a violation would
result in imminent peril to life or danger to property or to the environment, it shall promptly initiate a proceeding
for injunctive relief under G.S. 74-64 hereof and Rule 65 of the Rules of Civil Procedure. The pendency of any
appeal from a suspension or revocation of a permit shall have no effect upon an action for injunctive relief.
(c) Any operator whose permit has been suspended or revoked shall be denied a new permit or
reinstatement of the suspended permit to engage in mining until the operator gives evidence satisfactory to the
Department of the operator's ability and intent to fully comply with the provisions of this Article and rules
adopted under this Article, and the terms and conditions of the permit, including the approved reclamation plan,
and that the operator has satisfactorily corrected all previous violations. (1971, c. 545, s. 13; 1973, c. 1262, s. 33;
1979, c. 252, s. 1; 1987, c. 827, s. 82A; 1993 (Reg. Sess., 1994), c. 568, s. 8; 2011-398, s. 29; 2017-209, s.
13(g).)
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
Appendix J
§ 74-59. Bond forfeiture proceedings.
Whenever the Department determines the necessity of a bond forfeiture under the provisions of G.S. 74-56, or
whenever it revokes an operating permit under the provisions of G.S. 74-58, it shall request the Attorney General to
initiate forfeiture proceedings against the bond or other security filed by the operator under G.S. 74-54; provided,
however, that no such request shall be made for forfeiture of a bond until the surety has been given written notice of the
violation and a reasonable opportunity to take corrective action. Such proceedings shall be brought in the name of the
State of North Carolina. In such proceedings, the face amount of the bond or other security, less any amount released by
the Department pursuant to G.S. 74-56, shall be treated as liquidated damages and subject to forfeiture. All funds
collected as a result of such proceedings shall be placed in a special fund and used by the Department to carry out, to the
extent possible, the reclamation measures which the operator has failed to complete. If the amount of the bond or other
security filed pursuant to this section proves to be insufficient to complete the required reclamation pursuant to the
approved reclamation plan, the operator shall be liable to the Department for any excess above the amount of the bond
or other security which may be required to defray the cost of completing the required reclamation. (1971, c. 545, s. 14.)
§ 74-60. Notice.
Whenever in this Article written notice is required to be given by the Department, such notice shall be mailed
by registered or certified mail to the permanent address of the operator set forth in his most recent application for
an operating permit or for a modification of such permit. No other notice shall be required. (1971, c. 545, s. 15;
2017-209, s. 13(h).)
§ 74-61. Administrative and judicial review of decisions.
An applicant, permittee, or affected person may contest a decision of the Department to deny, suspend,
modify, or revoke a permit or a reclamation plan, to refuse to release part or all of a bond or other security, or to
assess a civil penalty by filing a petition for a contested case under G.S. 150B-23 within 30 days after the
Department makes the decision. Article 4 of Chapter 150B of the General Statutes governs judicial review of a
decision of the Commission. (1971, c. 545, s. 16; 1973, c. 1262, s. 33; 1977, c. 771, s. 4; 1979, c. 252, s. 3; 1987,
c. 827, s. 86; 1993 (Reg. Sess., 1994), c. 568, s. 9; 2011-398, s. 30.)
§ 74-62. Repealed by Session Laws 1987, c. 827, s. 83.
§ 74-63. Rules.
The Commission may adopt rules necessary to administer this Article. (1971, c. 545, s. 18; 1973, c. 1262, s. 33; c.
1331, s. 3; 1987, c. 827, s. 84.)
§ 74-64. Penalties for violations.
(a) Civil Penalties.
(1) a. A civil penalty of not more than five thousand dollars ($5,000) may be assessed by the
Department against any person who fails to secure a valid operating permit prior to engaging
in mining, as required by G.S. 74-50. No civil penalty shall be assessed until the operator has
been given notice of the violation pursuant to G.S. 74-60. Each day of a continuing violation
shall constitute a separate violation and a civil penalty of not more than five thousand dollars
($5,000) per day may be assessed for each day the violation continues.
b. Any permitted operator who violates any of the provisions of this Article, any rules adopted
under this Article, or any of the terms and conditions of the mining permit shall be subject to a
civil penalty of not more than five hundred dollars ($500.00). Each day of a continuing
violation shall constitute a separate violation. Prior to the assessment of any civil penalty,
written notice of the violation shall be given. The notice shall describe the violation with
reasonable particularity, shall specify a time period reasonably calculated to permit the
violator to complete actions to correct the violation, and shall state that failure to correct the
violation within that period may result in the assessment of a civil penalty.
C. In determining the amount of the penalty, the Department shall consider the degree and extent
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
of harm caused by the violation, the cost of rectifying the damage, the V money the
violator saved by the noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying or failing to comply with this Article.
(2) The Department shall determine the amount of the civil penalty to be assessed pursuant to G.S. 74-
64(a)(1) and shall give notice to the operator of the assessment of the civil penalty pursuant to G.S.
74-60, or by any means authorized by G.S. IA-1, Rule 4. The notice shall set forth in detail the
violation or violations for which the civil penalty has been assessed. The operator may appeal the
assessment of any civil penalty assessed pursuant to this section in accordance with the procedures
set forth in G.S. 74-61.
(3) The notice of assessment shall direct the violator to pay the assessment or contest the assessment as
provided in G.S. 74-61. If the violator does not pay the assessment within 30 days after receipt of the
notice of assessment or within 30 days after receipt of the final agency decision, where the
assessment has been contested, the Department shall request the Attorney General to institute a civil
action in superior court to recover the amount of the penalty. A civil action under this section shall be
filed within three years of the date the final agency decision was served on the violator.
(4) The clear proceeds of civil penalties collected pursuant to this section shall be remitted to the Civil
Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(5) In addition to other remedies, the Department may request the Attorney General to institute any
appropriate action or proceedings to prevent, restrain, correct or abate any violation of this Article or
any rules adopted under this Article, or the obstruction, hampering, or interference with an authorized
representative of the Department while the representative is carrying out official duties pursuant to
this Article.
(b) Criminal Penalties. - In addition to other penalties provided by this Article, any operator who engages in
mining in willful violation of the provisions of this Article or of any rules promulgated hereunder or who willfully
misrepresents any fact in any action taken pursuant to this Article or willfully gives false information in any application
or report required by this Article shall be guilty of a Class 3 misdemeanor and, upon conviction thereof, shall only be
fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense. Each
day of continued violation after written notification shall be considered a separate offense. (1971, c. 545, s. 19; 1979, c.
252, s. 2; 1981, c. 787, ss. 7, 8; 1987, c. 246, s. 1; c. 827, s. 85; 1989 (Reg. Sess., 1990), c. 1024, s. 16; 1993, c. 539, s.
555; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 568, s. 10; 1998-215, s. 42.)
§ 74-65. Effect on local zoning regulations.
No provision of this Article shall be construed to 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, except insofar as a provision of said regulation or ordinance is in direct conflict with this
Article. (1971, c. 545, s. 20.)
§ 74-66. Private relief against nuisance or hazard.
No provision of this Article shall be construed to restrict or impair the right of any private or public person,
association, corporation, partnership, officer, or agency to bring any legal or equitable action for redress against
nuisances or hazards. (1971, c. 545, s. 21.)
§ 74-67. Exemptions.
The provisions of this Article shall not apply to those activities of the Department of Transportation, nor of
any person, firm, or corporation acting under contract with the Department of Transportation, on highway rights -
of -way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the
public road systems of North Carolina; provided, that this exemption shall not become effective until the
Department of Transportation shall have adopted reclamation standards applying to such activities and such
standards have been approved by the Commission. The provisions of this Article shall not apply to mining on
federal lands under a valid permit from the U.S. Forest Service or the U.S. Bureau of Land Management. (1971,
c. 545, s. 22; 1973, c. 507, s. 5; c. 1262, s. 33; 1977, c. 464, s. 34; 2012-143, s. l(d); 2013-410, s. 7(c).)
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Chapter 74 - Article 7
§ 74-68. Cooperation with other agencies; contracts and grants. Appendix J
The Department, with the approval of the Governor, and in order to accomplish any of the purposes of the
Department, may apply for, accept, and expend grants from the federal government and its agencies and from any
foundation, corporation, association, or individual; may enter into contracts relating to such grants; and may comply
with the terms, conditions, and limitations of any such grant or contract. The Department may engage in such research
as may be appropriate to further its ability to accomplish its purposes under this Article, and may contract for such
research to be done by others. The Department may cooperate with any federal, state, or local government or agency, of
this or any other state, in mutual programs to improve the enforcement of this Article or to accomplish its purposes more
successfully. (1971, c. 545, s. 23.)
§§ 74-69 through 74-74. Reserved for future codification purposes.
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7.htm1[l 1/3/2021 3:30:56 PM]

Appendix K
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 letter 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*)

Appendix K I Application & proposed permit action
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 Substitutions
- Permit Releases
END OF PROCESS
If "YES", application & proposed
permit action forwarded to and
reviewed by Division Director
Is application &
proposed permit action
complete/acceptable??
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 *)

Appendix L
ISSUES OF LOCAL CONCERN
NOT ADDRESSED BY
THE MINING ACT OF 1971(N.C.G.S §74-65)
The following concerns are not covered by the NC Mining Act and, therefore, are not addressed in
reviewing mining permit applications and modifications to existing permits:
1. Property values
2. Increased truck traffic
3. Operating hours
4. Noise
5. Any other considerations not specifically covered by the Mining Act of 1971
These are local issues and are covered by local government land use ordinances, along with the access,
speed and weight limits required by local government or state highway authority.
ISSUES THAT ARE ADDRESSED
IN THE REVIEW OF
A MINING PERMIT APPLICATION OR MODIFICATION*
1. Environmental Concerns, including sediment control and ground water protection
2. Reclamation Plan and Bond
3. Blasting vibration control and flyrock prevention
4. Screening
5. Highwall and other safety issues
All mining permits contain operating and reclamation conditions tied to site specific plans, specifications,
and engineering drawings, to meet the objectives of the Mining Act. The Act provides for enforcement,
including monetary penalties, injunctive relief, permit revocation, etc.
*See reverse for clarification
Page 1 of 2

Appendix L
UNDER THE MINING ACT OF 19719 A PERMIT OR PERMIT
MODIFICATION MAY BE DENIED FOR ANY OF THE FOLLOWING
REASONS:
1. That any requirement of this Article or any rule promulgated hereunder will be violated by the
proposed operation;
2. That the operation will have unduly adverse effects on potable groundwater supplies, wildlife,
or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or ground water
quality that have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to public health and
safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial
building, public road, or other public property, excluding matters relating to the use of a public
road;
5. That the operation will have a significantly adverse effect on the purposes of a publicly owned
park, forest, or recreation area;
6. That the previous experience with similar operations indicates a substantial possibility that the
operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or
acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not
been in substantial compliance with this Article, rules adopted under this Article, or other laws
or rules of this State for the protection of the environment or has not corrected all violations
that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may
have committed under this Article or rules adopted under this Article and that resulted in:
A. Revocation of a permit,
B. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under N.C.G.S. 74-64,
D. Any other court order issued under N.C.G.S. 74-64, or
E. Final assessment of a civil penalty under N.C.G.S. 74-64.
A Mining Permit or modification to an existing permit shall be granted if none of these denial
criteria are triggered or are mitigated by permit condition requirements.
Page 2 of 2