81-10 MOD 2017

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary,
" TRACY DAVIS
Energy, Mineral & August 2, 2017 Director
Land Resources
ENVIRONMENTAL ONALITY
Mr. Ron Nalley
Town of Lake Lure
PO Box 225
Lake Lure, North Carolina 28746
Re: Morse Park Mine
Mining Permit No. 81-10
Rutherford County
Broad River Basin
Dear Mr. Nalley:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the permitted acreage to 68.70 acres and the
affected acreage at this site to 53.85 acres as indicated on the Overall Plan last revised
January 2017. The modification includes the addition of a processing area referred to as the
Happy Hollow/Boys Camp Mining Site and includes the installation and maintenance of all
associated erosion and sediment control measures. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 7E and 14.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 68.70 acres and the amount of land
you are approved to disturb is 53.85 acres.
Please review the modified permit and contact Judy Wehner, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Cis,
net S. Boyer, PE
ate Mining Specialist
JSB/jw
Enclosures
cc: Ms. Shawna Riddle
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
Stab of'Nare)t Carolina 1 Environmertal Quality i Energy,Mineraland Land Resources
SIZ N. Salisbury Street 11012 Mail Service Center ; Rcilefgh, Nom h Carolina 2Y699-1612
9197079200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DI
VISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, " The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Town of Lake Lure
Morse Park Mine
Rutherford County — Permit No. 81-10
for the operation of a
Sand Dredging Operation
Which shall provide that the usefulness, productivity, and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: January 21 2026

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environmental Quality, hereinafter referred to as the Department, and in
conformity with the approved Reclamation Plan attached to and incorporated as part of this
permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation, or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at the designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Whenever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
August 2. 2017: This permit has been modified to increase the permitted acreage to 68.70
acres and the affected acreage at this site to 53.85 acres as indicated on the Overall Plan last
revised January 2017. The modification includes the addition of a processing area referred to
as the Happy Hollow/Boys Camp Mining Site and includes the installation and maintenance of
all associated erosion and sediment control measures.
Expiration Date
This permit shall be effective from the date of its issuance until January 21, 2026.

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Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
1. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental he
Management Commission. It shall be the permittee's responsibility to contact t
Stormwater Program to secure any necessary stormwater permits or other
approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. The channel of the lake shall not be constricted or widened.
4. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be
in accordance with the requirements and regulation promulgated and enforced by the
N.C. Environmental Management Commission.
5. Only a hydraulic dredge shall be used to excavate material from the lakebed.
6. The following steps shall be taken at this mine site to ensure safety to boaters and
others who may use the section of the lake covered by this mining permit:
A. Signs shall be placed on the banks of the lake at the upstream extremity and the
down stream extremity of dredging operations warning lake traffic of the dredging
operation.
B. The dredge shall operate in the lake only during daylight hours. When the dredge
is in operation in the lake, the dredge shall at no time be operating closer than
twenty-five feet to the bank. When lake traffic approaches, the operator shall
cease pumping and idle the dredge and the operator shall wait to resume
operations until the lake traffic passes. If the boater is on the side where the
pontoon supported pipeline is located, the operator shall exit the pilot house and
flag traffic to the other side of the dredge.

Page 4
C. The cables extending from the dredge to the bank shall be up and out of the water at all times except possibly when one cable is slackened in anticipation of
moving the dredge using the opposite winch. This technique shall not be
undertaken when there is lake traffic in the area. With the cables extending
upwards to the bank, the cables shall be at least eight (8) feet above the water
level and easily avoidable by lake traffic. Highly visible markers shall be used to
mark the cables.
D. If an anchor system set in the middle of the lake is utilized, the cables extending
from the dredge to the anchor system shall extend parallel with the flow of the
water and shall be under water to a depth of at least three feet at the anchor. A
buoy shall be used to mark the location of the anchor.
E. No dredging operations shall be performed at any time when the level of the lake
exceeds three feet above normal lake level.
F. When the dredge is moored at the side of the bank, all piping and portions of the
dredge shall be tied off such that no part of the dredge or equipment extends o
ut
from the bank by more than twenty feet.
7. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake or natural
watercourse in proximity to the affected land.
B. All surface water runoff from the processing, stockpile and wastepiles at the site
shall be diverted via appropriately sized and sloped diversions to the existing
sediment basins/pits or other appropriate erosion and sedimentation cont
ro
structures.
C. The boat ramp shall be stabilized with vegetation and rip -rap or large pieces of
concrete, such as lengths of broken curb and gutter, to prevent erosion and
sedimentation problems from occurring at the said boat ramp.
D. All mining activities, including the installation and maintenance of erosion and
sedimentation control measures, shall be conducted as indicated on the d I
ne
map last revised October 2015 and the supplemental Information receive on
June 10, 2015, August 12, 2015, October 14, 2015, October 30, 2015 and
December 1, 2015.
E. Mining activities associated with addition of a processing area referred to as the
Happy Hollow/Boys Camp Mining Site, including the Installation and maintenance
of all associated erosion and sediment control measures, shall be conducted as
indicated on the Overall Plan last revised January 2017 and supplemental information received and supplemental information received February 6, 2017
and April 8, 2017.

Page 5
8. A. Riparian vegetation shall be planted immediately to stabilize any exposed lake
banks to prevent continued erosion of said lake banks.
B. A minimum 25 foot wide undisturbed buffer buffer shall be maintained along the
lake bank except in those minimal areas where access during the operation is
essential (i.e. boat ramps, discharge pipes, etc.). At such access points,
all
stabilizing roots and stumps shall not be removed or otherwise disturbed on the
lake bank.
C. No mining shall occur in Lake Lure between March 1 and June 30 to protect fish
spawning activities in the mining area.
g. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and
Land Resources, Department of Environmental Quality. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral, and Lan
Resources considers the following materials to be lAmining refuse (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris,
2. conveyor belts,
3. wire cables,
4. v-belts,
5. steel reinforced air hoses, and
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit boundary,
the following information must be provided to and approved by the Division of
Energy, Mineral, and Land Resources rid or to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established

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10. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measures, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of sedimentation shall be planted or otherwise
provided with ground cover, devices or structures sufficient to restrain such erosion.
11. The affected land shall be graded so as to prevent collection of pools of water that e,
or likely to become, noxious or foul. Necessary structures such as drainage ditches
or
conduits shall be constructed or installed when required to prevent such conditions.
12. Sufficient buffer (minimum of 25 foot undisturbed) shall be maintained between any
mining activity and any mining permit boundary, right-of-way, bridge abatement, or other
source to protect adjacent property.
13. An annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $19,100.00
cash bond is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land
shall not exceed the bonded acreage.
15. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department rip or to on -
site implementation of the revisions.
16. A. Authorized representatives of the Division of Archives and History shall be ical
granted access to the site to determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, No
rth
Carolina Division of Archives and History.

Page 7
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to grade and revegetate the disturbed land areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The channel banks shall be restored to as near the natural condition as possible.

Page 8
B. The processing plant, dredge, dredge pipes and sediment basin pipes shall be
removed from the site upon termination of mining activities prior to final grading
and seeding of the affected area.
C. The processing, stockpile, and waste areas shall be graded and stabilized.
D. The access road shall be graded and stabilized.
E. All sediment basins shall be backfilled, leveled and stabilized.
F. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10.A.
through D.
G. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Spring/Summer May
1-Sept 15
Fall/ Winter Sept. 15-April
30
Browntop millet
20 Ibs/a
Rye grain
120 Ibs/a
Korean Lespedeza
20 Ibs/a
Korean lespedeza
10 lbs/a
Crown vetch
1 lbs/a
Crown vetch
1 Ib/a
On slopes greater than 3 horizontal to 1 vertical, use Sericea lespedeza instead of
Korean lespedeza.
Add one of the following to the above mixture:
Crown Vetch 5 Ibs/acre
Ladino Clover 5 Ibs/acre
Alfalfa 5 Ibs/acre
All disturbed lake banks shall be planted with riparian vegetation. it is suggested that
reed canary grass be sown at a rate of 15 lbs. Per acre with a mixture of small trees
(dogwood, willow, alder and button bush) and large trees (red maple, green ash,
sycamore, cottonwood, bald cypress, river birch and catalpa).
Any woody debris (slash or large trees) removed during development of the site should
be placed along the outer stockpile/compost area construction limits in the form of brush
piles and downed logs to provide cover and nesting habitat for wildlife.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.

Page 9
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two (2) years of completion or termination of
mining.
This permit, issued January 21, 2016, is hereby modified this 2nd day of August, 2017
pursuant to GS 74-52.
n C
By:
i
Tra�y E. Davis, Director
Division of Energy, Mineral and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality