20220211_Draft_68-04

6� O
ROY COOPER
Governor
ELIZABETH S. BISER,
Secretary
BRIAN WRENN
NORTH CAROLINA
Director
Environmental Quality
February 11, 2022
Certified Mail/Return Receipt Requested
7016 2140 0000 4368 3865
Ms. Katelin Merritt
Merritfs Gravel Pit Inc.
3200 Damascus Church Road
Chapel Hill, NC 27516
RE: Tony Merritt's Gravel Pit - DRAFT
Orange County — Cape Fear River Basin
Dear Ms. Merritt:
Your application for a mining permit for the above referenced mine site has been approved but the permit shall not be issued
until the Department has received the required bond or security pursuant to §74-51(h). Enclosed is a draft of the mining permit
proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your
application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971.
The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed
worksheet). The bond amount for this site is 81,900.00. The bond is required before the permit can be issued. Your firm
currently has an Assigned Saving Account for $74,300.00 with the Division — the difference of $7,600.00 needs to be added to
your existing security. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an
irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the
enclosed draft permit, i.e., Merritt's Gravel Pit Inc. In addition to one of these alternatives you may, upon request, substitute
a cash deposit.
Please review the enclosed draft permit and the reclamation bond worksheet and contact this office should you have any
objections or questions concerning the permit conditions. GS §74-51 provides that the operator has sixty (60) days following
the mailing of a notice of the required bond in which to file the required surety.
The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is
issued. GS §74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement
of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the
State of North Carolina.
Please contact me, State Mining Engineer, at [phone] if you have any questions.
Since _
David Miller, PE
State Mining Engineer
DM1bh
Enclosures: Bond form, an assignment of a savings account form and an irrevocable standby letter of credit form.
Bonding worksheet.
Cc: Mr. Bill Denton, PE, Raleigh Regional Engineer
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
ypiva carxa wn 919,707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
LAND QUALITY SECTION
IW01:1u1MI
For the operation of a mining activity
In accordance with the provisions of N.C.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:
Merritt's Gravel Pit Inc.
Tony Merritt's Gravel Pit
Orange County — Permit No. 68-04
for the operation of a
Sand and Gravel Quarry
Which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

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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 revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the
Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided
that both operators have complied with the requirements of the Mining Act and that the successor operator agrees
to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or permittee's successor is not complying with the
Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements
of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend
the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right
to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the
Department. Alternatively, and in addition to the above, the Department may institute other enforcement procedures
authorized by law.
I. Definitions. N.C.G.S. §74-49.
Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have
the same meaning as supplied by the Mining Act, N.C.G.S. §74-49.
II. Modifications. N.C.G.S. §74-52.
June 10, 1998: This permit has been modified to expand the mining area by 4 acres as indicated on the
mine map dated March 13, 1998. In addition, 20.5 acres of reclaimed land have been released from the
original permitted acreage at this mine site.
July 14, 2000: This permit, issued to Billy C. Merritt Gravel Pit, Inc., has been transferred in its entirety to
Tony Merritt/Tony Merritt's Gravel Pit.
July 9, 2010: This permit has been modified to increase the affected acreage at this site to 17.79 acres as
indicated on the Mine Details and Reclamation Map last revised August 7, 2009. This modification
includes the expansion of the pit area, upgrade of existing erosion and sedimentation control measures, and
allows beneficial fill to be brought on site for reclamation purposes — all within the existing permitted
boundary. In addition, in light of more accurate mapping, the permitted acreage has been adjusted to 26.0
acres as outlined on the revised mine map noted above.
December 1, 2017: This permit has been issued for the life of site or the duration of the lease term.
*February *: The permit has been modified to include the half of the entrance/haul road which the permittee
does not own but has provided a recorded plat showing a 60' Private Easement. The addition increases the
permitted area to 26.83 acers, and increase the disturbed area to 17.28 acres. In addition, the sediment
erosion plan has been updated as shown by maps received on December 12, 202 1, with additional

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information received on November 4, 2021, October 31, 2021, October 8, 2021, August 18, 2021, and an
application received on January 25, 2021.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new, transferred, and modified mining permits.
III. Operating Conditions. N.C.G.S.
This Permit shall be subject to the provisions of the Mining Act, GS §74-46, et. seq., and to the following
conditions and limitations:
1. Wastewater and Quarry Dewatering_
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C. Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air Quality and Dust Control.
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. Buffer Zones.
A. Sufficient buffer (minimum 50-foot undisturbed) shall be maintained between any affected
land and any adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C. Environmental Management Commission.
C. All buffer zones shown on the Mine Maps last revised December 12, 2021 shall be
maintained to protect adjoining property. These buffer zones, with the exception of the
installation of required sediment control measures and approved earthen berms, shall
remain undisturbed.
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.

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B. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Mine Maps last
revised December 12, 2021.
5. Permanently Marked Boundaries.
All mining permit affected area boundaries (17.28 acres) shall be permanently marked at the site
on 100-foot intervals unless the line of sight allows for larger spacing intervals.
6. Graded Slopes and Fills.
A. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which may
cause off -site damage because of siltation, shall be planted, or otherwise provided with
groundcover, devices, or structures sufficient to restrain such erosion.
B. Waste piles shall not be constructed with steep, near vertical side slopes. Side slopes shall
be constructed in such a manner as to provide for a stable, safe configuration at reclamation.
7. Surface Drainage.
The affected land shall be graded so as to prevent collection of pools of water that are, or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
8. Highwall Barrier
A physical barrier consisting of chain link fencing or large boulders placed end -to -end or earthen
berms shall be maintained at all times along the perimeter of any highwall to prevent inadvertent
public access.
9. Visual Screening.
A. Existing vegetation shall be maintained between the mine and public thoroughfares to
screen the operation from the public. Additional screening methods, such as constructing
earthen berms, shall be employed as deemed appropriate by the Department.
B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last
revised December 12, 2021. In addition to grasses, long leaf and/or Virginia pines or other
acceptable evergreen species shall be planted as deemed appropriate by the Department to
improve visual and noise buffering.
10. Buffer Between Mining Permit Boundaries and/or Right-of-ways.
Sufficient buffer (minimum 25-foot undisturbed) shall be maintained between any excavation and
any mining permit boundary to protect adjacent property.
11. Refuse Disposal.
A. No on -site disposal of refuse or other solid waste that is generated outside of the mining
permit area shall be allowed within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the Division of
Waste Management and the Division of Energy, Mineral, and Land Resources, Department
of Environmental Quality. The method of disposal shall be consistent with the approved
reclamation plan.

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B. Mining refuse as defined by N.C.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 Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically
listed under N.C.G.S. §74-49 (14) of the N.C. Mining Act of 1971):
i. on -site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. 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 prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
ii. a list of refuse items to be disposed.
iii, verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table; and,
V. verification that a permanent vegetative groundcover will be established.
E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a
valid air permit and are allowed to operate crushing operations for the purposes of recycling
and reuse provided that the following conditions are met:
i. Appropriate quality control measures shall be taken when the used concrete arrives
onsite to ensure that all such concrete processed onsite is clean, inert material.
ii. Used, clean concrete shall be temporarily stockpiled and processed within existing
approved affected areas draining to existing approved erosion and sedimentation
control measures.
iii. No used, clean concrete material shall be permanently disposed of onsite.
iv. Any foreign material that may be found within the used concrete must be separated
from the concrete and properly recycled or disposed off -site.
F. Only beneficial fill as defined by 15A NCAC 1313.0562 promulgated by the Division of
Waste Management may be brought onto the mine site and used for reclamation of the site.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. V4-55.
An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.

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V. Prior Approval Required for Plan Modification. N.C.G.S. , 74-52.
The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any
part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on -site implementation of the revisions.
VI. Bonding. N.C.G.S. V4-54.
The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $*.00 *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.
VII. Archaeological Resources. N.C.G.S. §70-3.
1. Minimum Requirements
A. Authorized representatives of the Division of Archives and History shall be granted access
to the site to determine the presence of significant archaeological resources.
B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act," should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist, North Carolina Division of Archives and History.
VIII. Approved Reclamation Plan. N.C.G.S. §74-53.
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.
To comply with N.C.G.S. §74-53 the approved plan will provide:
1. Minimum Standards.
A. 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.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. 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.
D. No small pools of water shall be allowed to collect or remain on the mined area that are, or
are likely to become noxious, odious, or foul.
E. 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.

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2.
F. 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.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to allow the quarry excavation to fill with water, provide a permanent barricade (fence)
along the top of any high wall, and grade and revegetate any areas in unconsolidated
material.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to I vertical or flatter slope and terraced as necessary to
insure slope stability.
ii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iii. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
V. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. III.1 LA
through III.11.D.
vi. The affected land shall be graded to prevent the collection of noxious or foul water.
vii. Any waste rock piles remaining within the permit boundaries shall be permanently
stabilized as indicated on the December 12, 2021. At all times, waste rock piles
shall be maintained in a manner so as to provide for a stable, safe configuration.
3. Revegetation Plan.
After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan
approved by Stacy Smith on December 12, 2021 or the following:
*Permanent Seeding Specifications
Dates Specie
February 15- April I
April 1- July 31
August 1- October
Kobe Lespedeza
Bahiagrass
Redtop
Winter rye (grain)
Common Bermuda
Lespedeza (unscarified)
German millet
Rate, Lbs. / Acre
10
50
1
15
50
30
40

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October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime 2000 lbs./acre or follow recommendations from a soil test.
Fertilizer 1000 lbs./acre 8-8-8 or 10-10-10 or follow recommendations from a soil test.
Mulch All seeded areas shall be mulched using small grain straw at a rate of 2000
lbs./acre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass, Indian grass, bluestem, and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife
Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52.
This permit, issued August 1, 1973 to Billy C. Merritt Gravel Pit, Inc., renewed July 1, 1983, renewed and
modified June 10, 1998, and transferred to Tony Merritt/Tony Merritt's Gravel Pit July 14, 2000, renewed
and modified July 9, 2010, is hereby issued this *th day of *, *2022 pursuant to N.C.G.S. §74-51 and 52.
M_
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

E. DETERMINATION OF AFFECTED ACREAGE AND BOND
68-04, Tony Merrill
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre)
for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please �nr sari
the proximate acreage. L each ascect ofthe taming oaeration L Lu int !4 pffe0( dgrft the Life of this mining permit in addition please
moen ! g appropriate reclamation c t/acre� each cal from L Schedule 1 Reclamation osts r vi with (� ication arm ORw
can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs.'
CATEGORY
Tailings/Sediment Ponds
Stockpiles
Waaepiles
Processing Area/Haul Roads
Mine Excavation
Other (berm)
TOTAL AFFECTED AC.:
TOTAL PERMITTED AC.:
AFFECTED
ACREAGE
0.48 Ac.
3.23 Ac.
0.00 Ac.
0.59 Ac.
12.98 Ac.
17.28 Ac.
26.83 At.
RECLAMATION COST/ACRE
$ 1,500
/Ac.
$ 1,800
/Ac.
$ 2,000
/Ac.
$ 2,000
/Ac.
$ 2,500
/Ac.
$ 1,800
/Ac.
Temporary & Permanent Sedimentation & Erosion Control Measures
RECLAMATION COST
_ $
720.00
_ $
5,814.00
= g
_ $
1,180.00
_ $
32,450.00
= g
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing
excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite
sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage 0.00 Ac.
b) Positive Drainage 17.28 Ac. X $ 1,500.00 = $ 25,920.00
SUBTOTAL COST: $ 66,084.00
Inflation Factor
0.02 X SUBTOTAL COST: $ 1,321.68 X Permit Life Provided by Applicant (Life of the Mining Operation or
Life of Lease from Public Entity (in Years)): 12
INFLATION COST: $ 15,860.16
SUBTOTAL COST+ INFLATION COST: $ 81,944.16
Total Reclamation Bond Cost: S 81,900.00
(round down to the nearest $100.00)
(NOTE: The reclamation bond cannot exceed $1 million per GS 74-54)