07-36_1_Redacted

Energy. Mineral &
Land Resources
ENVIRONMENTAL OUALITV
December 1, 2017
Rogers Nursery & Landscaping, Inc.
Rogers Nursery & Landscaping, Inc.
762 Whootentown Rd
Washington, NC 27889
RE: Mining Permit No. 07-36
Rogers Pit #2 Mine
Beaufort County
Dear Rogers Nursery & Landscaping, Inc.:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The
mine name and permit number on the permit, document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55, Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been,raised from $500,000 to $1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
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 remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wenner, Assistant State Mining Specialist, or me at [phone],
Sincerely,
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
State of Nurth Garulina I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury Street 1 16€2 Mall Service Center I Raleigh, North Carolina 27699-1612
919 707 9200

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Mr. Jimmie F. Rogers
Rogers Nursery & Landscaping Inc.
762 Whootentown Road
Washington, North Carolina 27889
RE: Permit No. 07-36
Rogers Pit No. 2
Beaufort County
Tar River Basin
Dear Mr. Rogers:
January 6, 2017
ROY COOPER
Governor
WILLIAM G. ROSS, JR.
Acting Secretary
TRACY E. DAVIS
Director
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is January 6, 2026,
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
4C and 4D.
As a reminder, your permitted acreage at this site is 23.969 acres and the amount of
land you are approved to disturb is 20.109 acres.
Please review the renewed permit and contact Judy Wehner, Assistant State Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
<S - &
JEd
et S. Boyer, PE
It
Ste Mining Specialist
Quality Section
JSBIjw
Enclosures
cc: Mr. Samir Dumpor, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
State of North Carolina I Environmental Quality I Energy, Mineral and! and Resources
1612 Mail Service Ckroer 1512 N. Salisbury St. I Raleigh, NC 27699
919 707 9200 T

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 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:
Rogers Nursery & Landscaping Inc.
Rogers Pit No. 2
Beaufort County - Permit No. 07-36
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: January 6, 2027

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 a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
March 12, 1999: This permit has been modified to add 12.84 acres to the permitted area and
add 11.34 acres to the affected acreage as indicated on the mine map updated January 19,
1999.
_December 20. 2001: This permit has been modified to release 14.33 acres from the affected
acreage as indicated on the mine map dated December 2, 1996 and last revised December
13, 2001.
March 23 2004. This permit has been modified to increase the affected acreage at this site to
19.84 acres. This modification includes the addition of 14.33 acres within the permit boundary
as indicated on the mine map dated December 2, 1996 and last updated January 9, 2004

Page 3
Expiration Date
This permit shall be effective from the date of its issuance until January 6, 2027.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. - Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental 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. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) 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.
4. 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.
B. All drainage from the affected areas around the mine excavations shall be
diverted internal to said excavations.

Page 4
C. No dewatering activities shall occur at this site.
D. Mining activities shall occur as indicated on the mine maps received December
6, 2016 and the supplemental information received on September 30, 2016 and
December 6, 2016.
5. All affected area boundaries (20.109 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. 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 sedimentation, shall be planted or otherwise
provided with ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
B. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 20 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. 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 as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral and Land
Resources considers the following materials to be "mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables

Page 5
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Energy, Mineral and Land Resources prior to commencement of such
disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. 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.
12. 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.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $12,400.00
Assignment of Savings Account, 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.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

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

Page 7
3
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
Reve etation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates
February 15-April 1
April 1- July 31
August 1- October
October 25- February 15
Soil Amendments
Species Rate, Lbs/Acre
Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
Common Bermuda 50
Lespedeza (unscarified) 30
German millet 40
Rye (grain- temporary) 120
Lime - 2000 lbslacre or follow recommendations from a soil test.
Fertilizer - 1000 lbslacre 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 Ibslacre 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.

Page 8
In addition, the permiftee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued March 21, 1997, modified March 12, 1999, December 20, 2001 and
March 23, 2004 and renewed April 16, 2997, is hereby renewed this 61h day of January,
2017 pursuant to G.S. 74-52.
By: .
Tracy E. Davis, Director
Division f Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

Wehner, Judy
From:
Novak, Gary
Sent:
Tuesday, January 03, 2017 2:37 PM
To:
Wehner, Judy
Cc:
Dumpor, Samir
Subject:
Rogers Pit #2
Judy,
I do not have any comments to add to the ADI response from Rogers Nursery and Landscaping.
If you need any more info please call.
Gary A. Novak
Environmental Senior Specialist
Department of Environmental Quality
Division of Energy, Mineral and Land Resources
252-946-6481 ext. 3860
garv.novak aencdenr.Qov
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
�Nothin9 p es�.�. Com ar \�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
"Keep Calm and Carry on"
Winston Churchill
I

Applicant's Name:
MINING CHECKLIST FOR ROUTING
PO�AiN
AppIie./ Permi o: O% - County: Date Received: a
Reviewer• River Basin Name;
❑ New �enezval ❑ Modification (inside permit boundaries)
❑ Modification (outside boundaries) ❑ Transfer ❑ Release
❑ Partial Release Additional Information ❑ Fee Needed s ❑ Fee Received: s
Leas route entire application package to:
Regional Office (2 mVku ropier; attach the "LQS Regional Of , Mining Application Review
6%e&Ue to ow ropy and both the DWQ_,d DWR "Mining Application Review Form'to the other cope; and bath won to dw Regional
Engineer)
Date: Routed le Reed
❑ Division of Water Resources Date: Routed Reed
❑ NC Wildlife Resources Commission Date: Routed Reed
❑ US Fish It Wildlife Service Date: Routed Read
(Only new applications and mod(ecation requests that add iaad to the permit)
Please routefirst I LwLes of the qi2lication and any location maps to. -
El
Division of Parks & Recreation
Date: Routed
Reed
❑
NC Geological Survey Section
Date: Routed
Reed
❑
Division of Marine Fisheries
Date: Routed
Rec'd
❑
Division of Soil & Water Conservation (plus LEA)
Date: Routed
Reed
(Only new applications and me&fuat= requests that add kmd to the permit)
❑
Division of Archives & History
Date: Routed
Rec'd
(only new apP )
❑
Other:
Date: Routed
Reed
"Suspense
Date for Comments: Z 31)i b
(no later than zs daps from receipt)
❑
Please note the following:
y
j._
� 1 �

Rogers Nursery & Landscaping, Inc.
Jimmie F. Rogers
762 Whootentown Road
Washington, NC 27889
December 2, 2016
Ms. Judith A. Wehner
Assistant Mining Specialist
Div. Of Energy, Mineral and Land Resources
Dept. of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-I& 1 Z
RECEIVED
RE: Rogers Pit 92 Renewal Application
Mining Permit No. 07-36 DEC s 2016
Beaufort County Mr'AND Q UALRY
AM
Tar River Basin ROG T
Dear Ms. Wehner,
Please find enclosed the additional and revised information as per your letter dated October 28,
2016.
Note that no de -watering of the borrow area will be done during mining operation. Borrow
spoil to be stockpiled and allowed to dry until transported off -site. Run-off from stockpiled spoil and
haul roads contained/filtered by existing native grass/seeded perimeter buffer areas. Drainage from
inside mining perimeter will be internal.
If you have any questions, or need clarifications of drawings, please advise.
Sincerely,
i
Jimmie F. Rogers
Rogers Nursery & Landscaping, Inc.
Office #252-946-7345
Cell #252-943-5378
cc
Enclosures

0
'A

APPLICATION FOR A MININSERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION RECEIVED
APPLICATION FOR A MINING PERMIT DEC p 6 201E
(PLEASE PRINT OR TYPE) LAND QUALITY
MINING PROGRAM
1. Name of Mine O_( RS _! .r County EALL,
River Basin_R_-Rt
Latitude (decimal degrees to four places) _ .5. �314 � 57
Longitude (decimal degrees to four places) 015 4-48
2. Name of Applicant* R D G g Rs N(t.M R, 1F- A JvD5 C,ffPi TVI�r _ .Z'NC
3. Permanent address for receipt of official mail** 7/al 0 14000E N TO W N lgodD.
NC. a 7900
Telephone (a J�01 q L& 3 45 Alternate No. 05a ) 9 4 - 5 3 18
4. Mine Office Address A M E A s A b Dt; E
Telephone gild r13 45
5. Mine Manager M m i r 0 C68
S
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signature Date _moo [ o�2
Print Name TCmmiE 1:_ _KOGCORS
Title .OWNERIViGe.- PRES•
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
* * The,Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company_ officer required.
G.S. 74-51 provides that the Department shall grantor deny an application for a pemtit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.

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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:
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,
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 restore the mine excavation to a lake area and to grade and "revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain'a minimum water depth of four feet
measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed.

0> �
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r
0
E.
• 66
No contaminants
disposal of waste
through D.
Page 7
shall be permanently disposed of at the mine site. On -site
shall be in accordance with Operating Condition Nos. 10.A.
The affected land shall be graded to prevent the collection of noxious or foul water.
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seedinna Specifications
Dates Spies Rate. Lbs/Acre
February 15- April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October 25 Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime- - 2000 Ibslacre or follow recommendations from a soil test.
Fertilizer- 1000 Ibslacre 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 Ibslacre and anchored appropriately.
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.
HIIIIIIIIIIEF-MMIN MTre i
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any
event, reclamation shall be initiated as soon as feasible after completion or termination of
mining of any mine segment under permit. Final reclamation, including revegetation, shall
be completed within two years of completion or termination of mining.
This permit, issued March 21, 1997 is hereby modified this 12th day of March, 1999
pursuant to G. S. 74-52.
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

■ Complete items 1, 2, and 3. A. Signature �
■ Print your name and address on the reverse x
so that we can return the card to you..
■ Attach this card to the back of the mallplece, B. Received by (Pr tea Name)
or on the front if space permits.
1. Arllcle Addressed to:
MR JIMMIE E ROGERS
ROGERS NURSERY AND LANDSCAPING
762 WHOOTENTOWN ROAD
WASHINGTON NC 27889
lilIIIIII IIII IIIII ll llll 111 ll lllllllllflll l ill
9590 9403 0730 5196 3112 83
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3. Service Type
❑ Priority Mail Expre556
a Adult Signature
❑ Registered MaR-
Adult Signature Restrloted Delivery
❑ Reglaterad Mall Restricte
cerufioo Mall®
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Certified Mall Restricted Delivery
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Collect on Delivery
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❑ Collect on Delivery Restricted Del"❑
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Ps Form 3811, April 2015 PSN 7530-02-000-9053 iD J-3G, /40 -3 j -1(Q &1 01MOStIC Return Receipt

UNITED STATE��:I"VICE
First -Class Mail
., Postage & Fees Paid
USPS
Permit No. G-10
• Sender: P[bisa print your name, address, and ZIP+40 in this box*
NORTH CAROLINA DEPARTMENT OF
ENERGY, MINERAL AND LAND RESOURCES
LAND QUALITY SECTION
1612 MAIL SERVICE CENTER
RALEIGH NC 27699-1612
1740-7401
SPS TRACKING#

• � PAT MCCRORY
i. Governor
...y DONALD R. VAN DER VAART
Secretary
Energy, Mineral
and Land Resources TRACY DAVIS
ENYIRONM£NTAL QUALITY
October 28, 2016 Director
Certified Mail
Return Receipt Reguested
7013 2630 0001 8998 8931
Mr. Jimmie E Rogers
Rogers Nursery and Landscaping Inc.
762 Whootentown Road
Washington, North Carolina 27889
RE: Rogers Pit #2
Mining Permit No. 07-36
Beaufort County
Tar River Basin
Dear Mr. Rogers:
We have reviewed the renewal request your company submitted for the referenced
mine site. In order,for this office to complete its review of the referenced project in accordance
with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised
information in accordance with the following comments:
Page 1 of the application has Jimmie E Rogers as the applicant. The Current
permittee and applicant on the reclamation bond is Rogers Nursery and
Landscaping Inc. Please revise the page 1 of the application to reflect the
correct permittee, Rogers Nursery and Landscaping Inc. Please correctly
complete the enclosed page 1 and return it to this office. If you intend to change
the permittee to Jimmie E. Rogers, please request this in writing and be advised
it will require submitting a new reclamation bond. It is imperative the reclamation
bond and. applicant agree for legal purposes.
2. Provide a properly scaled updated mine map that shows a clearly labeled permit
boundary. The permit boundary must include the access road to its intersection
with the state maintained road. Show the adjoining property lines and property
owners names.
3. Provide a reclamation plan such as a cross section of the final reclamation.
Include side slopes, pit depth and water depth.
State of North Carolina I Environmental Quality I Energy, Mineral andLand Resources
1612 Mail Service Center 1 512 N. Salishury St. I Raleigh, NC 27699
919 707 9200 T

.I1
0
Certified Mail
Mr. Rogers
Page Two
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note this office may request additional
information, not included in this letter, as the mining application review progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline cannot be met and request that an
extension of time be granted. If an extension of time is not granted, a decision will be made to
grant or deny the mining permit based upon the information currently in the Department's files
at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
,Incerely,
W
Judith
Assistant State Mining Specialist
Enclosures: Page 1
cc: Mr. Samir Dumpor, PE

0 .
Wehner, Judy
From: Tankard, Robert
Sent: Friday, October 28, 201612:30 PM
To: Wehner, Judy
Cc: Dumpor, Samir; Novak, Gary; Edgerton, Thom; Bennett, Bradley
Subject: RE: 07-36 DWR REVIEW SHEET 2013
Attachments: 07-36 Rogers #2 Mine.doc
Please find our comments for the above mine. Should not be any issues at this site.
Robert
From: Wehner, Judy
Sent: Friday, September 30, 2016 2:28 PM
To: Tankard, Robert <[e-mail]>
Cc: Dumpor, Samir <[e-mail]>; Novak, Gary <[e-mail]>
Subject: 07-36 DWR REVIEW SHEET 2013
Here's the review sheet for the renewal of Rogers Pit #2 in Beaufort County.
1

Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
MINING P&MIT APPLICATION IOVIEW FORM
for the
DIVISION OF WATER RESOURCES
U OUT BY DEMLR:
. Project Name Rogers #2 Mine DEMLR Permit # 07-36 County: Beaufort Applicant's Email:
PERMIT ACTION TYPE: Renewal
YES"
NO Date Commencin
r( F(
Have land disturbing activities
started? Date? R
Latitud 35.5366 Longitude:-77.0198
Please return comments to (at DEMLR CO): Judy Wehner
Comments due by: 10/21/2016
1997_
SECTION BELOW TO BE FILLED OUT BY DWR:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? No
Comments:
Watershed/Stream Name & Classification: UT to Snode Creek
DWR Compliance Status of Mine: No issues.
Does this mine (or previous owner) have DWR back fees to pay? If yes, amount:
Is this mine an active permit in BIMS? no
YES NO
401 Wetland Cert. required?
IF [
r [
401 Wetland Cert. existing?
r [ Permit #
r [
Does DWR RO have enough information to
determine !f a 401 certification is requl. refit?
(V [ of Rego irea
r [
Is an O & M Plan needed? YES NO
Are wetlands disturbed at this site?
r (
F (
Does DWR RO suspect or know of nearby
r (
r
wetlands to the site?
�( D
IlsMeMpainvainglinea, ired prior to
r (►onsultant
l✓
DWR Issuing the permit?
r (• nsite?
r [ •.ffsitel?
Raw gAntAmhgr ?n1n

Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
AEk i
Stream Determination Neede
r f
(✓
Stream ,Determination Completed?
r i
r �
Does DWR RO need a statement that no
wetlands/streams are disturbed
r r
F r
for this project from applicant?
Buffer Determination Needed?
r c
r
Buffer Determination Completed?
r
F t
Recycle system ipermit existing?
r ermit #
r
New Recycle System permit required?*
F {
r
Enough information to determine?
Non=discharge permit existing?
r { ermit #
{
F (Unknown.
Will wastewaters discharge to HOW waters
i—
I✓ (7Q10
Pe mittee
with a 7Q10=07
Flow.
st
determine.
r Has Violation
r f O&M Requirements
r f HQW17Q10 Concerns
Dees DWR require ,DEML;R to hold the
r { Pay back fees or renew
permit (e:g. so DWR can review. It further or
because
DWR permit
r { Other.
{
DWR requires more information)?
Please describe the reason to
hold the permit:
RO contact: '
Ed Hold Until:
Mine must wait to dewater until an O&M plan is
i— f
r-
approved?
Reviewed by:
DWR RO Surface Water: Robert Tankard Regional Office: Washington Date: 10/28/2016
RO Aquifer Protection Section:
Regional Office: Date:
Rnv SPntAmhAr 9nin

•
RECEIVED
OCT z 4 2Ql&
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY p QUALITY SECTION
September 30, 2016
MEMORANDUM
• PAT MCCRORY
Governor
DONALD R. VAN DER VAART
TO: Ms. Maria Dunn
Habitat Conservation Program Coordinator
Wildlife Resources Commission
IV
REC 1
FROM: Brenda M. HarrisAak
��T j�
Mining Program Secretary
Land Quality Section
LAND QU L TY
MINING P G
SUBJECT: Mining Permit Renewal for Rogers
Nursery & andsc
Rogers Pit #2
Beaufort County
ping
Secretary
TRACY DAVIS
Director
2016
RECE) ;
cwlwHaNtatNiZn
Please find attached for your review a copy of the mining permit renewal request for the
above Please review this information and advise as to the probability of this operation having
unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by
October 21, 2016 so that we may complete our review of this request within our statutory time
limits.
As is the case in our review of all mining permit applications, renewals and modifications,
this office will carefully review all proposed erosion and sediment control measures to ensure that
they are sufficient to restrain erosion and off -site sedimentation. However, any comments your
agency can provide regarding effects on wildlife and freshwater fisheries would be greatly
appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please send a
copy of your comments to the person noted in the application.
RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO
THIS OFFICE.
Your continued cooperation in the review of these types is greatly appreciated. Please
contact Ms. Judy Wehner at [phone] if you have any questions.
Ibm h
Attachments
cc: Mr. Samir Dumpor A
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St, I Raleigh, NC 27699
919 707 9200 T

•
Wehner, Judy .
From: Novak, Gary
Sent: Friday, October 21, 2016 10:43 AM
To: Wehner, Judy
Cc: Dumpor, Samir
Subject: Rogers Pit #2
Attachments: DAQcommentsrogers M&I. sand mine.pdf
Judy,
I checked the site on the 20". Attached are the DAQ sheets for Rogers and M&I. Sand.
I noticed the renewal application doesn't have NCG02 request for dewatering and no pit to pit dewatering. The original
permit had dewatering approved.
Pump remains on site but out of the pit.
Otherwise, I have no other issues with this application.
Thanks,
Gary A. Novak
Environmental Senior Specialist
Department of Environmental Quality
Division of Energy, Mineral and Land Resources
252-946-6481 ext. 3860
gary.novak(@-ncdenr.Qov
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
r
55-"Nothing compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
"Keep Calm and Carry on"
Winston Churchill

0-1
MINING .PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF AIR QUALITY
_
Project/Number: N • County:de"
Please return comments back to: Ovr
Comments due by: _ Zp�f�',f�,�_„ - -
Will the operation, as proposed, violate standards of air quafit?�. _ _ -
Comments:
YES NO
Air permit required
Air. permit existing (Permit #
Other Comments:
Reviewed by: Date:
Print Name A C fl zj/y r

•
1�.
Water Resources
ENVIRONMENTAL QUALITY
October 20, 2016
MEMORANDUM
TO: Ms. Judy Wehner
NCDEMLR-Land Quality)
uality ection
FROM: Gabrielle Chianese
0.
Ground Water Manag ent Branch
Division of Water Resources
• PAT MCCRORY
Cnrrrrnm
DONALD R. VAN DER VAART
SBcrewrr
SUBJECT: Comments on the Mining Permit Renewal Request for:
Rogers Nursery and Landscaping
Roger Pit #2
Beaufort County
S. JAY ZIMMERMAN
Ulrrrrur
RECEIVED
•CCT'2 0 2016
LAND QUALITY
MINING PROGRAM
Please find attached a copy of the mining permit renewal request for the above referenced
project.
The Rogers Pit #2 located in Beaufort County does not appear to have an unduly adverse effect
on ground water supplies since there is no dewatering proposed on site. However, if the mine
starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to re_ ig ster their water
withdrawals and if this mine starts to withdraw 100,000 gpd or more of water, they will need to
obtain a CCPCUA water withdrawal permit.
A Central Coastal Plain Capacity Use Area (CCPCUA) water withdrawal permit must be
obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per
day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir,
Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County.
If you have further questions please contact the Division of Water Resources at [phone]
or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611 161 for go online
to www.newater.org/CCPCUA.
State of North Carolina f Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

•
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
Energy, Mineral
and Land Resources TRACY DAVIS
ENVIRONMENTAL QUALITY September 30, 2016
Direclor
MEMORANDUM
TO: Mr. Nat Wilson IN
X=aVJ@
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris 13;zvo OCT
3 2016
Mining Program Secretary of
Land Quality Section DIYISIO� �
SUBJECT: Mining Permit Renewal for Rogers Nursery & Landscaping
Rogers Pit #2
Beaufort County
❑ Mine Dewatering Proposed
® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request for the above
referenced project.
Please review this information and advise as to the probability of this operation having unduly
adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please
respond by October 21, 2016 so that we may complete our review of this request within our statutory
time limits.
Any comments your agency can provide regarding potential effects on potable groundwater
supplies and groundwater quality will be appreciated. We would like to have any recommendations you
may provide for permit conditions, for reasonable protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact the person
submitting this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application.
RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS
TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919)
707-9220 if you have any questions.
/bmh
Attachments
Cc: Mr. Samir Dumpor
State of North Carolina I Environmental Quality I)~nergy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St. J Raleigh, NC 27699
919 707 9200 T
OCT 3 2016

MINING CHECKLIST FOR ROUTING
AppIicant's Name: LectName:
Applic./Permit No: 01- County:L Date Received g 0
Reviewer. River Basin Name: . , A ,
❑ New Renewal ❑ Modification (inside permit boundaries)''
❑ Modification (outside permit bottttdaries) ❑ Transfer ❑ Release
❑ Partial Release ❑ Additional Information ❑ Fee Needed:; ❑ Fee Received; �, U
P route entire application package to.
0 co to capw, attach & "LQS Regional Off" Mnmq Application Review
Checltlist" to one copy and a acir both tlx s and DWR " ining Application Reniem Form" to the other opy; scud both copies to the Regional
y
Engineer) .
Date: Routed G-00 Lb Rec'd q 2O 6
Division of Water Resources Date. Routed Rec'd t
NC Wildlife Resources Commission Date: Routed Rec'd
❑ US Fish & Wildlife Service Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
Please route rst 3 Lges of the ication and
any Iocation maps to:
❑
Division of Parks & Recreation
Date: Routed
a'
Rec'd
❑
NC Geological Survey Section
Date: Routed
Rec'd
❑
Division of Marine Fisheries
Date: Routed
Rec'd
❑
Division of Soil dr Water Conservation
(plus LEA) Date: Routed
Rec'd
(Only new applications and mothfrcatiow rrquetu that add land to the perndt)
❑
Division of Archives & History
Date: Routed
Rec'd
(Only new applicants)
❑
Other:
Date: Routed
Rec'd
Suspense Date for Comments:
1 b D I (no later than zs days from receipt)
❑
Please note the following.
Jig
)w �rJ
4

L . • PAT MCCRORY
M
t. Governor
-
DONALD R. VAN DER VAART
Secretary
Energy, Mineral
and Land Resources TRACY DAVIS
ENVIRONMENTAL QUALITY
Director
September 30, 2016
MEMORANDUM
TO: Ms. Maria Dunn
Habitat Conservation Program Coordinator
Wildlife Resources Commission .
FROM: Brenda M. Harris Azk
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Rogers Nursery & Landscaping
Rogers Pit #2
Beaufort County
Please find attached for your review a copy of the mining permit renewal request for the
above Please review this information and advise as to the probability of this operation having
unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by
October 21, 2016 so that we may complete our review of this request within our statutory time
limits.
As is the case in our review of all mining permit applications, renewals and modifications,
this office will carefully review all proposed erosion and sediment control measures to ensure that
they are sufficient to restrain erosion and off -site sedimentation. However, any comments your
agency can provide regarding effects on wildlife and freshwater fisheries would be greatly
appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please send a
copy of your comments to the person noted in the application.
RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO
THIS OFFICE.
Your continued cooperation in the review of these types is greatly appreciated. Please
contact Ms. Judy Wehner at [phone] if you have any questions.
/bm h
Attachments
cc: Mr. Samir Dumpor
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resocmxs
1612 Mail Service Center 1 512 N. Salisbury St. E Raleigh, NC 27699
919 707 9200 T

4 • • PAT MCCRORY
■SIT" Gowemor
DONALD R. VAN DER VAART
Secretary
Energy, Mineral
and Land Resources TRA CY DAVIS
ENVIRONMENTAL GUALITY September 30, 2016
Director
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris f02;ZA
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Rogers Nursery & Landscaping
Rogers Pit #2
Beaufort County
❑ Mine Dewatering Proposed
® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request for the above
referenced project.
Please review this information and advise as to the probability of this operation having unduly
adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please
respond by October 21, 2016 so that we may complete our review of this request within our statutory
time limits.
Any comments your agency can provide regarding potential effects on potable groundwater
supplies and groundwater quality will be appreciated. We would like to have any recommendations you
may provide for permit conditions, for reasonable protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact the person
submitting this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application.
RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS
TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919)
707-9220 if you have any questions.
Ibmh
Attachments
Cc. Mr. Samir Dumpor
State of North Carolina E Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St, I Raleigh, NC 27699
919 707 9200 T

s
a

Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
MINING P&MIT APPLICATION IOVIEW FORM
for the
DIVISION OF WATER RESOURCES
THIS SEC
Project Name Rogers #2 Mine DEMLR Permit # 07-36
PERMIT ACTION TYPE: Renewal
YES NO
rc f`r
Have land disturbing activities
started? Date? I✓ {
Latitud 36.5366 Longitude:-77.0198
Please return comments to (at DEMLR CO): Judy Wehner
Comments due by: 10/21/2016
County: Braufort Applicant's Email:
Date Commencine
1997_
SECTION BELOW TO BE FILLED OUT BY DWR:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?.
Comments:
Watershed/Stream Name & Classification:
DWR Compliance Status of Mine:
Does this mine (or previous owner) have DWR back fees to pay? If yes, amount:
Is this mine an active permit in BIMS?
YES NO
r {
r {
401 Wetland .. .required?
401 Wetland Cert. existing?
r Permit #
Does DWR RO ha11ArfiIonLsreqJ enough information to
determine if a 401tlred?
I—
r
Is an O S M Plan needed? YES NO
Are wetlands disturbed at this site?
r c
Does DWR RO suspect or know of nearby
r {
(-
wetlands to the site?
I
and delineation required prior to
onsultant
DWR issuing the permit?
r { • nsite?
r •.ffsitel?
Rav Santamhar goon

Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
Adhk Amkk
Stream Determination Neede
1` Mow
F- c
Stream Determination Completed?
Does DWR RO need a statement that no
wetlandsistreams are disturbed
r c
r c
for this project from applicant?
Buffer Determination Needed?
r c
r c
Buffer Determination Completed?
I- r
F c
'Recycle system ,permit existing?
I- ermit #
r
New Recycle System permit required?*-
I -
Enough information to determine?
Non -discharge permit existing?
r ermit #
r
F ( Unknown.
Will wastewaters discharge to HOW waters
r-
I- (7Q10
Permmust ittee
with a 7010=0?
Flow:
determine.
Has Violation
F O&M Requirements
r HQW17Q10 Concerns
Does DWR require DEMLR to hold the
r Pay back fees or renew
,permit (%g. so DWR can review It further or
DWR permit
Ed Other.
r
because DWR requires more Information)?
Please describe the reason to
hold the permit:
RO contact:
Ed Hold Until:
Mine must wait to dewater until an O&M plan is
I- c
F_ c
approved?
Reviewed by:
DWR RO Surface Water:
RO Aquifer Protection Section
Regional Office:
Regional Office
Date:
Date:
Rav Rar)fpmhar gni n

0
0
Wehner, Judy
From:
Wehner, Judy
Sent:
Friday, September 30, 2016 2.27 PM
To:
Tankard, Robert
Cc:
Dumpor, Samir; Novak, Gary
Subject:
07-36 DWR REVIEW SHEET 2013
Attachments:
07-36 DWR REVIEW SHEET 2013.doc
Here's the review sheet for the renewal of Rogers Pit #2 in Beaufort County.

September 27, 2016
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping, Inc.
762 Whootentown Road
Washington, NC 27889
ATTENTION: Land Quality Section
SUBJECT: Renewal for Rogers Pit #2 (07-36) Mining Permit
RECEIVED
SEP 30 2016
LAND DUALITY
MINING PROGRAM
Rogers Pit #2 is requesting a renewal mining permit on the existing mine for a period not to
exceed 10 years. This renewal of the original/modified Rogers Pit #2 permit will not invoke
any of the 7 denial criteria as set forth in G.S. 74-51 of the act because all circumstances are
still the same as when the original/modified permit was granted.
The original reclamation bond is still in place.
Our check for $750.00 is enclosed for the renewal permit fee.
Thank you,
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping, Inc.
762 Whootentown Road
Washington, NC 27889
cc
Enclosures

•
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'1

NORTH CAROLINA
MINING PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
RECEIVED
SEP 3 0- 2016
LAND QUALITY
MINING PROGRAM
11612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised: February 24, 2012

0
•
NOTE:
It is recommended that you contact the appropriate
Regional Office (see Regional Office listing in the back of this
booklet) or the Raleigh Central Office for a
PRE -APPLICATION MEETING
to discuss your intentions and address any questions.

• 0
MINING PERMIT APPLICATION REVIEW
PROCESS FLOWCHART
BEGINNING OF PROCESS
I Application received by Land Quality Section/
` State Mining Specialist
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
Applicant issues
Public Notice
- 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 *)

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/Cancellations
- Permit Releases
- Inactive Renewals
- High Airblast Remediation Plans
- Non -controversial New Permits
- Non -controversial Renewals
- Small, Non -controversial Modifications
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
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
I {go to *)
END OF PROCESS

•
APPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine_ 0 Gt RS PZ-r *A County
River Basin i-;CQ
Latitude (decimal degrees to four places) %24a
Longitude (decimal degrees to four places) 2.5- '1__
2. Name of Applicant* Tim/I?/gOGERS
3. Permanent address for receipt of official mail* * Z6,2 j jd V7ENTOWN WARD
1 Qs inl f, 77D W _ OV C 7 8 89
Telephone U gJ4L- 034 _ Alternate No. IS7
4. Mine Office Address Same R S & U e
Telephone 5
5. Mine ManagerY')110 M — &G E �__
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
c f
* * *Signature r
��&��
Print Name 1/7 1n;,F A006ER9
Title 0 W A/eR A C E~ to
Date �`l-l�
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond ,security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
***.Signature of company officer required.
G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must he addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.

M
4
APPLICATION FOR A MINING PERMIT
•
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit (this is the acreage that the "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
®, If this is an application for RENEWAL of a mining permit, indicate the mining permit number and
the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered y the existing permit.
Mining Permit No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this
modification: . (NOTE: you must complete all of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed,
ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification"
fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon):
❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage covered byte existing permit.
Mining Permit No.: Total permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE T
2. Name of all materials mined: 1 d P SO J L * 56A) _D
3. NDragline
ing method:
Hydraulic Dredge Front-end Loader & Truck ["Shovel & Truck
& Truck 19 Self -loading Scraper
Other (explain):
4. a. Expected maximum depth of mine (feet)
Depth is relative to what benchmark? (e.g.,
Ar-NC14 m s RK I1A Al
b. Expected average depth of mine (feet) Is"
mean sf
�I 9u
etc.
MR

•
APPLICATION FOR A MINING PERMIT
•
5. Has any area(s) at this site been mined in the past? Yes No ❑
`
If yes, when and by whom was this activity conducted? G WC
6. Number of years for which the permit is requested (10 years maximum): J6
B. MAPS
Clearly mark and label the location of your mining operation on six (6) conies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailiny, Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5 h Floor
Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604
[phone]
httr)://t)ortal.ncdeiir.orv-/web/Ir/L,eoloaical home
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation — Geographic Information Systems (GIS)
_Mailing Address:
NCDOT GIS Unit
1587 Mail Service Center
Raleigh, North Carolina 27699-1587
Physical Address:
NCDOT GIS Unit
3401 Carl Sandburg Court
Raleigh, North Carolina 27610
[phone]
http://www.nedot.org/it/gis/
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding (approximate) acreage. As a reminder, mining permits can
only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those
activities that are intended to be conducted during the life of the mining permit. All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements -and rights -of -way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location and
distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on -site haul roads.
1. Location of planned and existing on -site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
-3-

0 •
APPLICATION FOR A MINING PERMIT
p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or
other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of
tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be
provide on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less
and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4.. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE
MAP SCALE
0-49 Acres
1 inch = 50 feet
50-199 Acres
1 inch = 100 feet
200+ Acres
1 inch = 200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4-

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
Wastepiles
Processing Area/Haul Roads
Mine Excavation
9,
Other (Explain) LLF
Total Disturbed Acreage
NOTE:
IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN
THIS APPLICATION FORM {PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
-5-

.0 •
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
�. STiQiP TOP.Soir✓ _TN aN� �C/�F �NCR�/j?ENrS
MEN -$Aol) Calr1N, SL-PPES hs InIAl"
c, S EEail> s"P Es 8uFf6R 2 oNFs 48 /n INt-
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include spec f c plansfor sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine map(s) and provide typical cross-sections/construction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
measures.
ZNTERIVA/. �)RAiNAGE
3. a. Will the operation involy washing the material mined, recycling process water, or other waste water
handling? Yes ❑ No ` If yes, briefly describe all such processes including any chemicals to be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to
the waters of the State? Yes ❑ No & If yes, briefly describe the nature ofthe discharge and locate
all proposed discharge points (along with their method of stabilization) on your mine map(s).
.6-

APPLICATION FOR A MINING PERMIT
c. Will any part of the proposed mine excavation(s) extend below the water table? Yes Ig No ❑.
If yes, do you intend to dewater the excavation(s)? Yes ❑ No X.
If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day: . Locate all existing wells on the mine maps) that lie within
500 feet of the proposed excavation area. Provide data to support any conclusions or statements made,
including any monitoring well data, well construction data and current water withdrawal rates. Indicate
whether the proposed mine locale is served by a public water system or private wells.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the
Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water
use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day
and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity
use area and withdraws more than 100,000 gallons per day.
N/A
4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®.
If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the
Division of Air Quality or local.governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
WJ97EN W)960A/ Lt)feff WECESSRk�
-7-

0
APPLICATION FOR A MINING PERMIT
0
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note
that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit boundary
or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer
may be needed depending on site conditions. Show all buffer locations and widths on the mine
map(s). ') D I
Tf! 'I S i s (A) yAT tT f P13 8EE0 FOR PAST I0 �F-165,
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within the
mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(s).
5-0 1
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless
technical justification can be provided to allow steeper slopes.
,W 8 u rrER
8c/-" u1.8TEk
rvrT11
L EYEL
3 76 f SCo PEG To cf.'
-8-

•
APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches
andlor slope drains (with supporting design information) if needed, and the method of final
stabilization.
TT1'C N�a
c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including
specifications for benching and sloping. Cross -sections fbr all cut slopes must be provided on the
mine map(s).
R rT�4eNE o
d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
N19
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
house, public road, public, commercial or industrial building from any mine excavation. Locate all such
structures on the mine map if they are within 300 feet of any proposed excavation.
(��R RI CAIDES AND OR F51VC:1NG. Mo STRucT&RES
b)117'N in/ 3w' OF M 1 Nt.
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
G.RM
R7- ENTRANCE,
-9-

0 •
APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes ❑ No K.
If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or other
measures. Show the location of all visual screening on the mine map(s) and provide cross -sections
through all proposed berms or proposed spacing, sizes and species for tree plantings.
N JA
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
pJo
11. Will explosives be used? Yes ❑ No 0.
If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information may be
required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied
structures) to the proposed excavation(.r) on the mine map and indicate its approximate distance to the
proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No 0.
Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate
the location(s) of all storage facilities on the mine map(s).
-10-

! 0
APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross -sections, of any
permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent
channels must be indicated on the reclamation map.
- RR� G�7'�b poN�
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes JR No ❑.
If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled
cross-section(s) through the proposed body(s) ofwater. The minimum water depth must be at least 4 feet,
measured from the normal low water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site.
Will the body(s) of water be stocked with fish? Yes ❑ No �.
If yes, specify species.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate
fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent
barricades must be shown on the reclamation map.
NIA

0 •
APPLICATION FOR A MINING PERMIT
4. indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste
areas, including specifications for benching and sloping. Final cross -sections and locations for such
areas must be provided on the reclamation map. c
P(=
D CSS , 3I DG�/L
IK Es L E015LED + S� .
a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
NIA
b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No E.
Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch
line stabilization.
6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or
other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.)
No off -site generated waste shall be disposed of on the mine site without prior written approval
from the NC Department of Environment and Natural Resources, Land Quality Section and either
the Division of Waste Management (DWM) or local governing body. If a disposal permit has been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and
reclamation map, along with a list of items to be disposed in said areas.
N /A
-12-

d.
e.
f.
00 - r• _ ..
FOR A MINING PERMIT
e your plan for revegetation or other surface treatment of the affected areas. This plan must
recommendations for year-round seeding, including the time of seeding and the amount and
seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
ons for permanent revegetation and, if necessary, temporary revegetation. Revegetation
only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
ned by one of the following:
horized representatives of the local Soil and Water Conservation District;
horized representatives of the Division of Forest Resources, Department of Environment,
dth, and Natural Resources;
authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
North Carolina licensed landscape architects;
Private consulting foresters referred by the Division of Forest Resources, Department of
Environment, Health, and Natural Resources;
Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre): appp_*1AcRF OR- Fb«ouj
RFC0MME7v_bAndtis FRom ,4 . 20l4- 7-ES r:
FERTILIZER - ANALYSIS AND
8iP � O� /D/O-/0 Ok FOLLp(,el
SEED - TYPE(S) AND RATE(S)
SCHEDULE (pounds/acre):
t�A1�S
fE81CLO ey 16- - Ra2/4
f}PP2/4 1- 5u r~y 3 /
614"sr a,s
RATE OF APPLICATION (pounds/acre): /&vo#1&'e '
RE eam��71/�79 �7on is F•2orr1 A So l l- rUS r.
OF APPLICATION INCLUDING YEAR -MOUND SEEDING
OcrM&;, as- �Edk40P-Y /S
MULCH - TYPE AND RATE
ANCHORING: /y,� 4 FED
&R'q/N 'S7R,9oj •5lT`I J�t7E OF
s >Pr ci+ws
f�DBF LES PCDFZA
REb ra P
WA)Mk OE (ckA/N)
0-041 OA) 6ER/r1u �H
��S PEDr�A LGNS�AR/FtFD�
R yE (GRAIN- Ttm Po ��R y)
OF APPLICATION (pounds/acre)
A'eE/*S j/V'q.cz BE rriu�e
'2z,0o �194.pES 19'va Aivc H
R1�, �-es �R ue-
/o
so
/s
SD
jb
d
/a2 D
AND METHOD OF
a
HEa clS//vc- 5/bq/4
,e Eb APP1P010R j// 7 674 y,
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of tress/shrubs, etc): A114
Revegetation a or
Signature
I r;nt x,nmf.
Title
Agen
restation plan approved by:
Date=aG1-16
13-

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I, , an applicant, or an agent, or employee of an applicant, for a
new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C.
Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all
known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary
(including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and
that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt
requested, to said owners of record at their addresses shown below, such notice being given on a form provided by
the Department:
(Adjoining Landowner Name) (Address)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality in which
any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by
certified or registered mail, return receipt requested, to said office at the following address:
(Chief Administrative Officer Name) (Address)
[i.e.: City Manager, County Manager, Mayor, etc.]
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land
that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in
which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513.0004(d).
I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above
notices were caused to be mailed and to provide them to the Department upon request.
Signature of Applicant or Agent
Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of applicant:
Title of person executing Affidavit
I,
a Notary Public of the County of ,
State of North Carolina, do hereby certify that
appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her.
Witness my hand and notarial seal, this
day of 20
Notary: my Commission expires:
- 17-

0 • i.
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER:
c
Signature:
Print Name.simmj 6�. R DG E RS
(Title, if applicable) 0 WN ICC S
CompanyCr,,S N u RSC Y li tANDsCA P1iVG-
(If applicable) UN C-
,� J)
Address: lad Ul ttD�FIJ�Dw� >�DR�
C�sH�Nc>a �� a 7�89
Telephone: (a, 4i - q3 45 (os g Ic
d5a-q43- 637 Ce
Date Signed:
APPLICANT:
c
c
Signature:*
Print Name: _I_M M I E�' _GE Rs
Title: OWNCR1-6C c Pas.
Company:QQr,"YS 408Ry �.ANDS�APING,�
Mine Name: R nG r= RS I~ I' 7-
Telephone: (d5�q) q4b - 9 34S
d5a•6143-
Date Signed:
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps
and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check
or money order payable to the North Carolina Department of Environment and Natural Resources must be
sent to the Land Ouality Section Central Office at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-I8-

APPLICATION FOR A MININOERMIT
•
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is
required as follows:
New Permit Applications
Permit Modifications
Permit Renewals
Transfers/Minor Modifications*
0-25 acres 26+acres
$3,750.00
$5,000.00
$750.00
$1,000.00
$750.00
$1,000.00
$100.00
$100.00
• A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name
changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area,
outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are
considered major permit modifications.
Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification
within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both.
-39-

RM �..■
APPLICATION FOR A MINING P&IT •
There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office
serving your county.
Asheville Regional Office
• Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson,
Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey
• Address: 2090 U.S. Highway 70, Swannanoa, NC 28778
• Voice:828.296.4500
• FAX:[phone]
Fayetteville Regional Office
• Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson,
Scotland
• Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094
Voice: 910.433.3300
• FAX:[phone]
Mooresville Regional Office
• Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly,
Union
• Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115
• Voice:704.663.1699
• FAX:704,663,6040
Raleigh Regional Office
• Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton,
Orange, Person, Vance, Wake, Warren, Wilson
• Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609
• Voice:919.791.4200
• FAX:[phone]
Washington Regional Office
• Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones,
Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne
• Address: 943 Washington Square Mall, Washington, NC 27889
• Voice:252.946.6481
• FAX:[phone]
-20-

r
APPLICATION FOR A MININaERMIT •
LAND QUALITY REGIONAL OFFICES (continued)
Wilmington Regional Office
• Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender
• Address: 127 Cardinal Drive Extension, Wilmington, NC 28405
• Voice:910.796.7215
• FAX:[phone]
Winston-Salem Regional Office
• Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph,
Stokes, Surry, Watauga, Wilkes, Yadkin
• Address: 585 Waughtown Street, Winston-Salem, NC 27107
• Voice:336.771.5000
• FAX:[phone]
-21 -

APPLICATION FOR A MINING P&IT • w
SCHEDULE OF RECLAMATION COSTS
(Based upon range of $500 - $5,000 per affected acre)
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone,
DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine,
KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT
Other
Typ e
T/S Ponds
S. iles
W.1ailes
P.area/H.R.
Mine Excay.
SG, GS,
$500/ac.(L)
$1800/ac.
$2000/ac.
$1800/ac.
$500/ac.(L)
Borrow
1500(FI)
$2000(PD)
CS, DS,
500(L)
1800
2000
2000
500(L)
FS, MI,
1500(FI)
2500(PD)
LI, PF, OL, KY
PH
1000(L)
2500
5000
5000
2000(L)
2500(FI)
5000(PD)
CL
1000(L)
2500
5000
5000
2000(L)
2500(FI)
3700(PD)
PE, AU,
I000(L)
2500
3000
3500
2000(L)
TI, OT
2500(FI)
5000(PD)
(L) = reclamation to a lake and revegetating sideslopes
(FI) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage & revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE
BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS
FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO
THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh,
North Carolina 27699-1612
ALL _ESTIMATES MUST INC_LUD_E THE FOLLOWING, AS A MINIMUM:
FINAL GRADING COSTS PER ACRE
LIME AND FERTILIZER COSTS PER ACRE
YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION
PLAN IN APPLICATION/PERMIT DOCUMENT)
MULCH AND ANCHORING COSTS PER ACRE
ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION.
- 22 -

5.3 AGR6
R,�P1AlNIN`
T v .13 E
mtNGv .
1
!!!ro
�oAd To �yF�Er
11VA wJdE.
3�5 FEET Lo�35
►— c
NutSm, V.tg..� r,-�, i-AvG
A//,ylr' of /)'7�n,P% �toCr�ls Per rz pEAmirito17-3b
Couro7y : BEAufotr
/001
8 y ; Tibias Oeo6E�s
1 -
L
r
i
97XCA VA TF D
RECEIVED
SEP 3 0 20%
LAND QUALITY.
C'RoSs SEC7)o IV
CANi9L �Rossr,�rG .
S' Ep
35� .!f p�tfp„;F oPE
CATEGORY
AFFECTED ACREAGE
Tailings/Sedimcnt Ponds
Stockpiles
wa0vues
-ftmi 4ingAreaftudRoads
1'0(* E:,
oq�wmwLaw f3uFEEA
Tot.d Disturbed A�w g -.
•
- �iM

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C
0

April 16, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7002 3150 0003 7053 9157
Mr. Jimmie F. Rogers
Rogers Nursery and Landscaping Inc.
PO Box 1667
Washington, North Carolina 27889
RE: Permit No. 07-36
Rogers Pit No. 2
Beaufort County
Tar River Basin.
Dear Mr. Rogers:
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is April 16, 2017.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
4C, 5 and 13.
As a reminder, your permitted acreage at this site is 23.969 acres and the amount of
land you are approved to disturb is 20.109 acres.
As we have received the new $12, 400.00 Assignment o Savings Account No.
511111180941013 issued by Wachovia Bank to cover this site, I am returning the $7,500.00
Assignment of Savings Account No. 514211630481272 issued by Wachovia Bank previously
held for this site to you for your disposal

Certified Mail
Mr. Rogers
Page Two
Please review the renewed permit and contact Ms. Judy Wehner, Assistant State
Mining Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRWIjw
Enclosures
cc: Mr. Pat McClain, PE
Ms. Shannon Deaton-WRC, wlenclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Rogers Nursery and Landscaping Inc.
Rogers Pit No. 2
Beaufort County - Permit No. 07-36
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: _April 16, 2017

Page 2
I
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
March 12, 1999: This permit has been modified to add 12.84 acres to the permitted area and
add 11.34 acres to the affected acreage as indicated on the mine map updated January 19,
1999.
December 20. 2001: This permit has been modified to release 14.33 acres from the affected
acreage as indicated on the mine map dated December 2, 1996 and last revised December
13, 2001.
March 23, 2004_ This permit has been modified to increase the affected acreage at this site to
19.84 acres. This modification includes the addition of 14.33 acres within the permit boundary
as indicated on the mine map dated December 2, 1996 and last updated January 9, 2004.

Page 3
Expiration Date
This permit shall be effective from the date of its issuance until April 16, 2017.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) 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.
4. 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, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.

Page 4
i
C. Mining activities shall occur as indicated on the mine map dated February 2007
and the supplemental information received by the Land Quality Section on
January 28, 2007.
5. All affected area boundaries (20.109 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
0. 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 ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 20 foot undisturbed except for the placement of any
necessary screening berms or tree planting) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts

Page 5
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources rip_ 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.
11. 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.
12. 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.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $12,400.00
Assignment of Saving Account, 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.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

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

Page 7
` B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 101D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Reve etation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15- April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime - 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 Ibs/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
Ibs/acre and anchored appropriately.

Page 8
rk
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued March 21, 1997 and modified March 12, 1999, December 20, 2001
and March 23, 2004, is hereby renewed this 161h day of April, 2007 pursuant to G.S. 74-
52.
LIM
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

North Carolina Department of Environment and Natisral Resources,
Division of Land Resources, Land Quality Section
J �Ll,.�lti111
1. MINE NAME. fir, +� , T-
3. OPERATOR .Knc 4 M, r i- L o,-1
5. ADDRESS r JJ ► m ' O.13
6. PERMIT EXPIRATION DA -
8. Person(s) contacted at site r,j. Je 6
9. Was mine operating at time of inspection.
11. Date last inspected: A7 I / Z I /U. 12.
13. Is the mine in compliance with the Qpc atir
If no, explain: 4�1
D MINE)
_ 2. MINING
4� CO
RIVER BASIN /CJr -
T Yes ❑ No 10. Pictures?
Any mining since last inspection?
Conditions,,of the Permit? El Yes
rri
k
2'Yes ❑ No
❑ Yes ❑ No
14. Is the mine in compliance with the Reclamation Conditions of the Permit? FzKyes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes XNo If yes, describe the
type and severity of the damage:
19. Follow-up inspection needed? Yes ❑ No Proposed date 1/12V1 /2.
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator &/193/��
(date)
INSPECTED BY: Gi r DATE 1112 21 //
Telephone No:
White copy to file
Yellow copy to operator Pink copy to Mining Specialist 10197

fr.. „.•- � ✓�N-.�,,,t �v.-�"'.- _. ,-� .„—•-.-r��,{I% V/3.„y+•.--,.,...�•..,,.v-,f�,-v-`�,,,��.,,.,.,.,,.�.,,,,,,.....•..,v.,-K-„rJ �-rwY�-.,'^-�v-v,c� . i ��.,.r,-�!. ���...-n- s,
North CaroIWDepartment of Environment and lNkaral Resources,
Division of Land Resources, Land Qnality Section.
(PE MINE)L MINE NA_� r _ _ " T 2. MINING PERMIT # c, 7 - 3 c
3. OPERATOR �'.o,;-rw s 'V-110 s . f , t 4. COUNTY �~ 'Gt
5. ADDRESS
6. PERMIT EXPIRATION DATE jLe/, -- / -2 7. RIVER BASIN 1 t r- 1, r
8. Person(s) contacted at site -,^Ia o -''y' -5
9. Was mine operating at time of inspection? ❑ Yes ©'No 10. Pictures? ❑ Yes ❑ No
11. Date last inspected: // I -Sl e"V 12. Any mining since last inspection? ❑ Yes O No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes . ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the. Permit? ❑ Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, desm-be the
type and severity of the damage: - 'r
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: c n .. R Ye -c !w' C. /,•yam rrd7lew l _ nI I ..s,
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed
19, Follow-up inspection needed? ❑ Yes ❑ No proposed date
20. No. of additional pages of inspection Report--.,, 21. Copy of Report sent to operator /
INSPECTED BY: DATE
Telephone No: ( 1
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

North
LrdWa Department of Environment and W-atural Resources,
Division of Land Resources, Land Quality Section
1% (PERMTMD MINE)
1. MINE NAME AL) 7 Pi 1;.1 1, 2. MINIIVG PERMIT # o 7- .�
3.OPERATOR MJA';, AJ rCOUNTY
5. ADDRESS I?r,.130X //I•/17 /JJ hII►h"I N(- 279As _
6. PERMIT EXPIRATION DATE IV - A - ,F) / `l 7. RIVER BASIN
8. Person(s) contacted at site Mr. J, rl, n , : t o r. r r
9. Was mine operating at time of inspection? n Yes 014o 10. Pictures? ❑ Yes MINo
11. Date last inspected: - / / Z 1 07 12. Any mining since last inspection? 0" Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ,01'es ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ,M'Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes p'No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: M -1. < / r
17. Other recommendations and commen�(ts:
J". , r 111111111 / i r + +�'f �`� i • f. %� ii + . 7 ')n� I 1 r1! 11 1„ r ICr v 18. Is the Annual Reclamation Report +/-map accurate? [DYes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? •17"Yes ❑ No Proposed date i11 _: /,;4/.1;
20. No. of additional pages of Inspection Report�''] . 21. Copy of Report sent to operator /// 5 I o5 .
jj (date)
INSPECTED BY: till _ DATE /I .; -1f'!
Telephone No: q)(I
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
(PERMITTED MINE)
1. MINE NAME R0:7 r N n. z M 14j t . 2. MINING PERMIT
3. OPERATOR i"�v..,,t�,.;r,.l1/I�a,�{�I[1r�tr7���„�C�scc�►.>ti4. COUNTY )atc„o�r-jY-t"
5. ADDRESS � ,D, 8m, lL96 7 WaViito-'__ AJC „--
6. PERMIT EXPIRATION DATE 3 - 7- 0' 2 T RIVER BASIN rrr _6, rco
8. Person(s) contacted at site 4t. J I rhn-1, e_rS
9. Was mine operating at time of inspection? ❑ Yes . "No 10. Pictures? ❑ Yes . "No
11. Date last inspected: _ 8' / 2 / t) 0 12. Any mining since last inspection? ,2'Yes ❑ No
13. Is the mine in compliance with the Operating` Conditions of the Permit? ❑ (/
Yes ❑ No J
If no, explain: G # j �uvsr�c,! 1g4c cv.i1.r Kc.ZJ64r 404.)1) J' /7 4(nc�
14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No
If no, explain: RECEIVEC
512007
15. Did any of the above deficiencies result in offsite damage? ❑ Yes 2`No If yes, describe the
type and severity of the damage:
16. Corrective measures nee a t jd and/or taken: ),-,,( th , brw s. Z1c. �pSt7�i
17. Other recommendations and comments: /. e.1e m 1. I` 4 ' r c D ra-4- h ,✓ (4,,
e f r: cn i'►e— ( L.- 1 , I, PI C f t', 7t.,r /S_ e 4�o . C..001 i( LAW �.� j t Jd-
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) 12'Not Reviewed
19. Follow-up inspection needed? ❑ Yes ,0 No Proposed date f—'f--
20. No. of additional pages of, Inspection Report 21. Copy of Report sent to operator 2/ 5 / b %
INSPECTED BY: �u r 7 t'+ tO UCA1 {date)
DATE � I l'Z I U 7
Telephone No: ( )
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

North Carolina Department of Environment and Niural Resources,
Division of Land Resources, Land Quality Section
E ITTED MINE}
1. MINE NAE C.�S 0 2 1vi e_ 2. MINING PERMIT # Ca - � io M
3. OPERATOR . r � � ser d- ,n� scc n i n 4. COUNTY .,Q- ce u r 7
5. ADDRESS Mil . m rr, i�'.oSc� v �� � C1, l c7rc „ o tJr _ 1, �u, C
6. PERMIT EXPIRATION DATE oe 7. RIVER BASIN Tcu r -
8. Person(s) contacted at site M r t m QeE�Le'
9. Was mine operating at time of inspection? 91 Yes ❑ No 10. Pictures? N Yes ❑ No
11. Date last inspected: /Q I /5' I O 3 12. Any mining since last inspection? W Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? WE Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: u, k'vk ar c�j
�aC r ��nn � i e.v- ►'�c�.�c r�_s�l;}•�u r ��r�v 1 .,.._
_r
17. Other recommendations and comments: r~, t 1104E o �� ff lline r.�t o v'i ] r, rc1Cr
C•1Ce # �d i 1 1 7C c 1 r 1f r f C_d� U;c- I1 OU
1%1cu.�nt3ix�r cs [h,, j2=-VM,'l G.w
18. 1Is the Annual Reclamation Report +/-ma� accurate? 10 Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes N No Proposed date--I---i--
20. No. of additional pages of Inspection Report sent to operator f! l I Dz;
REC D (date)
INSPECTED BY: -suer , . DATE 9121t)(,
Telephone No: �� / 2008
White copy to file Yellow copy to operat t
Pink copy to lKining Specialist 10197
iAND QUALITY GfiCTION

North Carolina
James D. Simons, PG, PE
Director and State Geologist
NCDENR
Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
April 16, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7002 3150 0003 7053 9157
Mr. Jimmie F. Rogers
Rogers Nursery and Landscaping Inc.
PO Box 1667
Washington, North Carolina 27889
RE: Permit No. 07-36
Rogers Pit No. 2
Beaufort County
Tar River Basin
Dear Mr. Rogers:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is April 16, 2017.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
4C, 5 and 13.
As a reminder, your permitted acreage at this site is 23.969 acres and the amount of
land you are approved to disturb is 20.109 acres.
As we have received the new $12, 400.00 Assignment o Savings Account No.
511111180941013 issued by Wachovia Bank to cover this site, I am returning the $7,500.00
Assignment of Savings Account No. 514211630481272 issued by Wachovia Bank previously
held for this site to you for your disposal
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX; 919-733-2876
512 !North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

•
Certified Mail
Mr. Rogers
Page Two
Please review the renewed permit and contact Ms. Judy Wehner, Assistant State
Mining Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. Pat McClain, PE
Ms.'Shannon Deaton-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Rogers Nursery and Landscaping Inc.
Rogers Pit No. 2
Beaufort County - Permit No. 07-36
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: Aril 16. 2017

• Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the'event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
March 12, 1999: This permit has been modified to add 12.84 acres to the permitted area and
add 11.34 acres to the affected acreage as indicated on the mine map updated January 19,
1999.
December 20, 2001: This permit has been modified to release 14.33 acres from the affected
acreage as indicated on the mine map dated December 2, 1996 and last revised December
13, 2001.
March 23 2004: This permit has been modified to increase the affected acreage at this site to
19.84 acres. This modification includes the addition of 14.33 acres within the permit boundary
as indicated on the mine map dated December 2, 1996 and last updated January 9, 2004.

•
• Page 3
Expiration Date
This permit shall be effective from the date of its issuance until April 16, 2017.
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
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) 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.
4. 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, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.

•
• Page 4
C. Mining activities shall occur as indicated on the mine map dated February 2007
and the supplemental information received by the Land Quality Section on
January 28, 2007.
5. All affected area boundaries (20.109 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. 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 ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land. shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 20 foot undisturbed except for the placement of any
necessary screening berms or tree planting) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
--Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be'
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts

1]
• Page 5
5. steel reinforced air hoses
6. drill steel
D. If minting refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. 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.
12. 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 minting 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.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $12,400.00
Assignment of Saving Account, 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.
14.. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

0
• Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

• rage 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. ReyeQetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate,-LbslAcre
February 15- April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime - 2000 Ibslacre or follow recommendations from 'a soil test.
Fertilizer - 1000 Ibs/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
Ibslacre and anchored appropriately.

0
Page 8
4.
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.
Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued March 21, 1997 and modified March 12, 1999, December 20, 2001
and March 23, 2004, is hereby renewed this 16th day of April, 2007 pursuant to G.S. 74-
52.
James D. Simons, Director
.Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

N
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0
0
0

•
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND D 7 _ 5�o
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 .insert the approximate acreage. .�for
CATEGORY
Tailings/Sediment Ponds:
Stockpiles:
Wastepiles:
Processing Area/Haul Roads:
Mine Excavation:
AFFECTED
ACREAGE
RECLAMATION RECLAMATION
COST/ACRE* COST
Ac. X $ /Ac. = $
Ac. X $ /Ac. = $
Ac. X $ /Ac. = $
Ac. X $ 666 /Ac. = $ By�a
C M-1— Ac. X $ 6-U0 00 /Ac. =
Other: Ac. X $ /Ac. — $
TOTAL AFFECTED AC.: D-Jo Ac.
( TOTAL PERMITTED AC.: -0- Ac.)
Tempormy & Permanent Sedimentation_& Erosion Control Measures :
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 Ac.
b) Positive Drainage Ac. X. $1,500.00 = $
SUBTOTAL COST: $_ &, yDq. nice
Inflation Factor:
0.02 X SUBTOTAL COST: $ ��� ydy a� X Permit Life (1 to 10 years):
INFLATION COST:
TOTAL COST = SUBTOTAL COST + INFLATION COST = $
Total Reclamation Bond Cost:
$
(round down
to
the nearest
$100.00)
-14-
f

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t
4

Rogers Pit 02 - Current CD info
Subject: Rogers Pit #2 - Current CD info
From: "Rogers Nursery" <[e-mail]>
Date: Mon, 26 Mar 2007 12:08:30 -0400
To: "Judy Wehner" <[e-mail]>
I am sending our new current CD via certified mail today. Mining Permit #07-36. Please call me upon
receipt of this. The amount of the new CD is the amount we previously discussed on 3-21-07. The
certified mail receipt number is 7003 3110 0002 0604 7451.
Thank you for all of your help.
Jean Rogers
Rogers Nursery & Landscaping
P. O. Box 1667
Washington, NC 27889
252-946-7345
1 of 1 3/26/2007 1:31 PM

03/24/2004 20:53 FAX
Lr.Alm
'NCOENR
Now ca.aw+► oor
Qm haart mo NMI" %so Rm
STATE OF NORTH- CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RES(jURCJES
WASHINGTON REGIONAL, OFFICE
943 WASHINGTON SQUARE MALL
WASHINGTON, NC 27889
PHONE [phone] FAX [phone]
TO: Mr, FLY � R Li ,//, j
FAX:
NUMBER:
FROM:
IM -vss-SBo�
A), it AV-+
DATE: �/�a,q ......
NO. PAGES pncluding cover page)
COMMENTS;
11

09/24/2004 20: 83 FAX • '. lib 02
I— qr
MINING PERMIT APPLICATION REVIEW FORM
for
DIMION OF WATER QUALITY
Project: 0512, 'S i f - _ — County: IL4. A ,-t
**Due Date for Comments Back to Land Quality Section: Z % 11 �oq .,
Will the operation, as proposed, violate standards of water quality?.
Comments:
Watershed/Stream Name & Classification:
YES NO
NPDES permit required -V—/
NPDES permit existing _ (Permit # )
Nondischarge permit required
Nondischarge permit existing _ (Permlt # )
Wetlands disturbed
401 Wetland Cert, required
401 Wetland Cert_ existing — (Permit # )
Reviewed by; JDate: 3- 24.4 �—
Print Name:
,arz000

MINING PERMIT APPLICATION REVIEW FORM
for the RECEIVED
DIVISION OF WATER QUALITY FER Q 8 2007
L)wQ-WARO
Project/Numbe °- v �-
Please return comments back to:
Comments due by: 2L_ lo7 -
Er[F5 ZUUr
E'
Will the operation, as proposed, violate standards of water quality?
Comments: 4S.r al &--,, 1,4- 4✓, �& &jac r 1i LANDSECTION
'V'0I0& Ole w ', C
�( k , f'VASHINGTON REGIONAL OFFICE
4 Le± oel
Watershed/Stream Name & Class cation:—Lz- oor-� 1R& ,&,aA JC &—s
NPDES permit required
NPDES permit existing
Nondischarge permit required
Nondischarge permit existing
Wetlands disturbed
401 Wetland Cert. required
401 Wetland Cert. existing
YES
`
(Permit #
(Permit #
{Permit #.
NO
Reviewed by: J l Date: _ l —O 7
Print Name: r..•'m t , �, c
Central Office Reviewer.
Rev Dec 2006

t

• Y •
MINING CHECKLI5T FOR ROUTING
Applicants Name: ! I Project Name:
Applic./Permit No.: a'3NCounty:ADate Received: 4
Reviewer. _ _ River Basin Name: IY41it%
❑ New �newal ❑ Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release
❑ Partial Release E/dditional Information ❑ Fee Needed: $
❑ Fee Received: $
s�11 YN Regional Office (2 complete copies; attach the "LQ5 Regional
Office Mining App ication Review Checklist" to one copy and attach hath the DWQ and DAQ
"Mining Application Review Form" to the other copy; send both copes the Regional Engineer)
Date: Routed : a 6 Rec'd
❑ Division of Water Resources Date: Routed Rec'd
❑ NC Wildlife Resources Commission Date: Routed Rec'd
❑ U5 Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
P1e40 route first Pjpageo of the a=11cation and any location maoa to:
❑ Division of Parks & Recreation Date: Routed Rec'd
❑ NC Geological Survey Section Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑ Other: Date: Routed Rec'd
**5u5pen5e Date for Comments: ate a (no later than 25 days
from receipt)
❑ Please note the following:

•
3- I-020o7
Rogers Nursery &
Landscaping, Inc.
P.O. Box 1667
Washington, NC 27889
�D E.N R
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Aim SEG�'10s,
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AIE[3rlrA RE
OVVY-0 17'M'
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist February 22, 2007
Certified Mail
Return Recgjpt_Requested
7003 0500 0002 7858 0724
Mr. Jimmie F. Rogers
Rogers Nursery and Landscaping Inc.
PO Box 1667
Washington, North Carolina 27889
RE: Rogers Pit No. 2
Permit No. 07-36
Beaufort County
Tar River Basin
Dear Mr. Rogers:
Resource® FY
Michael F. Easley, Governor
William G. Ross Jr., Secretary
We have reviewed the renewal request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application:
Access roads must be included within permit boundaries regardless if the road is
existing or not. Show the entire access road on a scaled map. Provide acreage
for the access road from the mine excavation area to SR 1302.
2. Provide a cross section of the canal crossing for the access road.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. in addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

•
11
Certified Mail
Mr. Rogers
Page Two
As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
CC' Mr. Pat McClain, PE

X, c.. ~�Q
4Qs
6-/;- /O 7 01,3fo
MINING PERMIT APPLICATION REVIEW FORM
for the R E C E I'V8: 0
DIVISION OF AIR QUALITY FEB 2 ` 2007
LAND QUALITY SECTION
Project/Number C'v clrse'c d_ �tw - `County:
©7-3('
Please return comments back to: (-To v'j N cnnl'r—
Comments due by: --� )/6 k z
Will the operation, as proposed, violate standards of air quality?
Comments:
.le
GCIEPW LD
FEB - 5 ' uu(
LAND QUALITY SECTION
WASHINGTON REGIONAL OFFICE
YES NO
Air permit required
p
Air permit existing (Permit #
Other Comments:
i
Reviewed by: Ya � C)LL-1 _ Date: ZI �-
Print Name:.. Lt)pq(_Vl��evq- C ��
Central Office Reviewer.
FEB - $ 2007
Rev Dec 2006

A*A
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist February 22, 2007
Certified Mail
Return Receipt Requested
7003 050ti 0002 7858 0724
Mr. Jimmie F. Rogers
Rogers Nursery and Landscaping Inc.
PO Box 1667
Washington, North Carolina 27889
RE: Rogers Pit No. 2
Permit No. 07-36
Beaufort County
Tar River Basin
Dear Mr. Rogers:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
We have reviewed the renewal request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application:
1. Access roads must be included within permit boundaries regardless if the road is
existing or not. Show the entire access road on a scaled map. Provide acreage
for the access road from the mine excavation area to SR 1302.
2. Provide a cross section of the canal crossing for the access road.
Please be advised that our review cannot be completed until all of the items listed -
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

K,
•
Certified Mail
Mr. Rogers
Page Two
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
cc: Mr. Pat McClain, PE
Siqqerely, /I,, rr
od�� °W4
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section

AINDKWA
AXiQl
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Michael F. Easley, Governor
February 20, 2007
MEMORANDUM
TO: Ms. Judy Wehner
Land Quality Section
FROM: Gabrielle Cooper
Ground Water Manag ment Section
Division of Water Resources
SUBJECT: Comments on the Mining Permit Application Request for:
Rogers Nursery & Landscaping, Inc.
Rogers Pit #2
Beaufort County
•
Natural Resources
William G. Ross Jr., Secretary
John Moms, Director
RECEIVED
FE6 2 0 2007
Please find attached a copy of the mining permit application request for the above referenced project.
The Rogers Pit #2 located in Beaufort County does not appear to have an unduly adverse effect on
ground water supplies. Rogers Nursery & Landscaping, Inc. has obtained a CCPCUA Water Use Permit, No.
CU3056, through the Division of Water Resources. The operation has a maximum permitted withdrawal
amount of 720,000 gallons per day.
If you have further questions please contact the Division of Water Resources at [phone] or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One
Phone: [phone] FAX: [phone] Internet: www.ncwater.org NorthCarolina
An Equal opportunity ! Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper 'Naturally

-AN 9A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quallty Section
James D. Simons, RG., P.E.
Director and State Geologist
MEMORANDUM
January 29, 2007
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
/50:46-
Mining Program Secretary
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
SUBJECT: Mining Permit Renewal for Rogers Nursery & Land Saping Inc.
Rogers Pit #2
Beaufort County
© Mine Dewatering Proposed []No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on February 20, 2007 so that we may complete our
review of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to
have any recommendations you may provide for permit conditions, for reasonable
protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they
contact the person submitting this request to set up a convenient date and time. Also,
please send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO'THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 0910,733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

Rogers Pit P# 07-36
•
Subject: Rogers Pit P# 07-36
From: Gary Novak <[e-mail]>
Date: Fri, 16 Feb 2007 15:00:35 -0500
To: Judy Wehner <[e-mail]>
CC: Pat McClain <[e-mail]>
Judy,
The above mentioned mine permit is proposed to be renewed.
The mine continues to be active.
I could not find any issues to comment on.
If you have any questions or I massed something give me a call.
Thanks,
Gary
Gary Novak <Gary.Novak ,n_ cmail.net>
Environmental Specialist
Div. of Land Resources, Land Quality Section
NC Department of Environment & Natural Resources
1 of 1 2/16/2007 3:01 PM

------ RECEIVED
C,J�,trz,J'$.P3 NCDEhIR 12 2007
North Carolina Department of Environment and Natural Resourc�sB
Division of Land Resources LAND QUALITY SECTION
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist January 20, 2007 William G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Maria Tripp 11N 1.1 4
Habitat Conservation Program Coordinator 1,
Wildlife Resources Commission FEB 2007
FROM: Brenda M. Harris, / HZ�r'::9
Mining Program Secretary Q5X=r*_ 2M:1
Land Quality Section
SUBJECT: Mining. Permit Renewal for Rogers Nursery & Land Saping Inc.
Rogers Pit #2
Beaufort County
Please find attached for your review a copy of the mining permit application
request for the above referenced project,
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2))."
Please respond by February 20, 2007 so that we may complete our review of this
request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off -site
sedimentation. However, any comments your agency can provide regarding effects on
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy. of your
comments to the person noted in the application. RETURN ALL APPLICATION
MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

MINING CHECKLIST FOR ROUTING
,n � ,JI ,!1_ ems( �' ' n /J , r� ,
Applicant's Name: o) IA �" r Proje Name: ,4
Applic./Pe
Reviewer:
Date Received: a� U
River Basin Name:
❑ New �Cmewal ❑ Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release
❑ Partial Release ❑ Additional Information ❑ Fee Needed: $
�eC Received: $ 2L
Please! �route. entj�e-an� atian padage to:
it! r Ao Regional Office (2 complete copies; attach the/"LQ5- UA
Office Mining A piication Review Checklist" to one copy and attach }� tK�
"Mining Application Review Form" to the other copy; Send both.copi s to the itnal Engineer)
Date: Routed Rec'd
�iviolom of Water Resources Date: Routed Rec'd
WNC Wildlife Resources Commission Date: Routed Rec'd
❑ U5 Fish & Wildlife 5ervice Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
tke 5-121211catiotl and WY location rnal2fZ to:
,0 Division of Parks & Recreation Date: Routed RCC'd
❑ NC Geological 5urvey Section Date: Routed Rec'd
(Only new applications and modification requesto that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑ Other. Date: Routed Rec'd
**5uoren5e Date for Comments: PJ 00 (no later -than 25 days
from receipt} s'� ��
❑ Please note the following:
R
4

APNVA
'4r*-'Aw
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist January 29, 2007 William G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Maria Tripp
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris /
Mining Program Secretary
Land Quality Section
SUBJECT: Mining, Permit Renewal for Rogers Nursery & Land Saping Inc.
Rogers Pit #2
Beaufort County
Please find attached for your review a copy of the mining permit application
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
Please respond by February 20, 2007 so that we may complete our review of this
request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this. office will carefully review all proposed erosion and sediment control . .
measures to ensure that they are sufficient to restrain erosion and off -site
sedimentation. However, any comments your agency can provide regarding effects on
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application. RETURN ALL APPLICATION
Your -continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

A A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist January 29, 2007 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Rogers Nursery & Land Saping Inc.
Rogers Pit #2
Beaufort County
© Mine Dewatering Proposed []No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on February 20, 2007 so that we may complete our
review of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to
have any recommendations you may provide for permit conditions, for reasonable
protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they ,
contact the person submitting this request to set up a convenient date and time. Also,
please send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO'THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

ROGERS-NURSERY & LANDSCAPING, INC.
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JEAN, J1M & THOMAS ROGERS &
ANGELA R. BALLANCE
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NORTH CAROLINA MINING
PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
M O R 7 M 4 A R 4 L t R A
P R O O R A M
RE-CEIW-,D
JAN 2fi'^^'
LgJD QUALITY SECTION
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised 4/2002

NOTE;
It is recommended that you contact the appropriate
Regional Office (see Regional Office listing in the back
of this booklet) or the Raleigh Central Office for a
PRE -APPLICATION MEETING

i
January 23, 2007
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping, Inc.
762 Whootentown Road
P. O. Box 1667
Washington, NC 27889
NCDEHNR
Land Quality Section
Re: Renewal for Rogers' Pit #2
Mining Permit #07-36 (expiration 3-21-2007)
RECIEMD
JAN 2 6 2007
LAND QUAt.1TY SECTION
Rogers' Pit #2 is applying for a Permit Renewal for a period of ten (10) years. Continued
operation will not invoke any of the 7 denial criteria listed under G.S. 74-51 of the Act.
There will be no additional land added or affected by mining at this site.
Thank You,
Jimmie F. Rogers, Secretary/Owner
Rogers Nursery & Landscaping, Inc.
Cc: Bobby Roberson, City of Washington, P.O. Box 1988, Washington, NC 27889
Cc: Paul Spruill, Beaufort County Manager, P.O. Box 1027, Washington, NC 27889

• . 0
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 and Quality Section Regional Office
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
- 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*)

•plication & proposed permit aetio
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/Cancellations
- Permit Releases
- Inactive Renewals
- High Airblast Remediation Plans
- Non -controversial New Permits
- Non -controversial Renewals
- Small, Non -controversial Modifications
END OF PROCESS
If "YES", application & proposed
permit action forwarded to and
reviewed by Division Director
Is application &
proposed permit action
complete/acceptable??
IIf "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 *)

•. •
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine 1`5 0 GERS P! T Ag County BE u 0 -1
River Basin LI Latitude(dd.mm.ss)25 -3Y Longitude (dd.mm.ss) 9 `I-
2. Name of Applicant* IR b GER8 NU RS ER�_4 LA N-pse)9 P! NG- . T A)c
3. Permanent address for receipt of official mail** P. Q, &x
ul a s H 1, cYrD N NO- 4'7 8 S 9
Telephone C25J2 r gA - 1,73 4 -
4. Mine Office
L O A_S H / IU C 7D�N . _ [_U e. 4 %M Telephone V4- 73 45
5. Mine Manager irf IM i E _PLI) G E M
We herebycertifythat all details contained in this Permit Application are true and correct to the best of
our knowedge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
)ate - 2, _ a 00 %
Print
Title EQ-R ETA U ZQW,02E-6
* This will be the name that the mining permit will be issued to and the Lame that must be indicated on the
reclamation band (security that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a application or, if a public hearing is held, within 30 days following the hearing and the filing of
any super plemental information required by the Department. All questions must be addressed and all required
maps provided before this application can be considered complete. Attach additional sheets as needed.

APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer all of the following that apply:
a. If this is an application for a NEW permit, indicate the total acreage at the site to _bg vered by
the permit (this is the acreage that the "new permit" fee will be based upon):
Of this acreage, how much is owned and how m ch is leased? Acres owned: N Acres
leased:��� Property owner if leased: f
b. If this is an application for RESMAL of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.: 67-3 Total
permitted acreage (this is the acreage that the "renewal" fee will be based upon): a3•'7 _
c. If this is an application for a MODIFICATI()N to a mining permit, indicate the mining permit
number,and the total (overall) acreage cover d by the existing permit: Mining Permit
No.: W Total permitted acreage: N
0 Does the modification involve acreage within the previously approved permitted boundary?
Yes_ No_. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage Qutside the previously approved permitted boundary?
NjP Yes— No_. If yes, indicate the additional acreage to be covered by this
1 modification: (NOTE: you must complete all of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any pportion of this acreage be affected (disturbed,
1(�ground cover removed) by the mining operation. Yes— No_ (if no, a "minor modification"
fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon):
d. If this is an application for IRANSFER of a mining permit, indicate the mining per . t number
and the total (overall) acreage vered by the existing permit: Mining Permit No.:
Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: E. 5a (_L A AM-
3. Mining method: Hydraulic Dredge _/_ Front-end Loader & Truck V Shovel & Truck
Dragline & Truck 1/_ Self -loading Scraper Other (explain) VH TDR _
-2-

APPLICATION FOR A MINING PERMIT
i
4. a. Expected maximum depth of mine (feet)
Depth is relative to what benchmark? (e.g., natural round level, mean sea level, road elevation,
etc.) ENCH mg K. 13.8' 8r __WUNSE'Ry -- _
b. Expected average depth of mine (feet)
5. Has any area(s) at this site been mined in the past? Yes ✓ No ,
If yes, when and by whom was this activity conducted? EPW f}b S H PI N(r 7-NC,
EAR. moo&
6. Number of years for which the permit is requested (10 years maximum): /d
B. MAPS
Clearly mark and label the location of your mining operation on 1 (6)Tcopies of a 7.5 minute
quadrangle and a county highway map. These maps, in addition to six ( -co-- of all mine maps and
reclamation maps, must be submitted with each permit application.
— 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
— County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
mcz

0
APPLICATION FOR A MINING PERMIT
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic ma s of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding (approximate) acreage. As a reminder, mining pernuts can
onhy be issued for, up to 10 years; thus, all mine and reclamation maps must only denote those
activYties that are intended to be conducted during the life of the mining permit. All maps must
be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, al
a_minimnm:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights -of -way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. OutIine and acreage of all stockpile areas.
gg Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location
and distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
J Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on -site haul roads.
1. Location of planned and existing on -site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100 year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary; ' an adjoining tract is owned or leased by the applicant or is owned by
the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary, must be provided on the mine map.
p. Names of owners of record, both public and private, of all tracts of land that- are adjoining the
mining permit boundary which lie directly across and are contiguous to any highway; creek,
stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining
permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that
has four lanes of travel or less and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCAT,
0-99 Acres 1 inch = 50 feet
100-499 Acres 1 inch = 100 feet
500+ Acres 1 inch = 200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4-

•
:1
APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiies, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
Wastepiles
Processing Area/Haul Roads
Mine Excavation
l q $
Other I6 U F F E-R
3,
NOTE* IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE
CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
-5-

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
Describe in detail the sequence of events for the development and operation of the mine and reference.
the sequence to the mine map(s). Attach additional sheets as needed.
a, 9TR1P 7DP �OIL illl C/U&- ficRE --T-NeREmE-lvT-�
$. IY7iNE SNb CLLTriivG S 1-DPES ,J9S In IN6D.
C . S E-ED t'nJG- S La PEE AS M I N(:.D -
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for
mine exca vation (s), waste piles, access/mine roads and process areas), and give a detailed sequence
of installation and schedule for maintenance of the measures. Locate and label all sediment and
erosion control measures on the mine map(s) and provide typical cross-sections/construction details
of each measure. Engineering designs and calculations shall be required when needed to justify the
adequacy of any proposed measures. N M
3. a. Will the operation involve washing Pe material mined, recycling process water, or other waste
water handling? Yes NoIf yes, briefly describe all such processes including any
chemicals to be used.
b. Will the operation involve discharging fresh or wasp water from the mine or plant as a point
discharge to the waters of the State? Yes NoIf yes, briefly describe the nature of the
discharge and locate all proposed discharge points (along with their method of stabilization) on
your mine map(s).

APPLICATION FOR A MINING PERMIT
c. Will any part of the proposed mine excavation(s) extend below the water able?
Yes No_. If yes, do you intend to dewater the excavation(s)? Yes No . If yes, what
impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in
gallons per day: /0� Locate all existing wells on the mine map(s) that lie within 500 feet
of the proposed excavation area. Provide data to support any conclusions or statements made,
including any monitoring well data, well construction data and current water withdrawal rates.
Indicate whether the proposed mine locale is served by a public water system or private wells.
No WEkLS LoirNiN ,5-00 F�E7a 1�E7wgTER 1rd
W I L L 8 E -Z)ONl; 6 y Pu rn PI;VO- &V)9 7 ER FIeorn 0 N l
Pom-z Td 19NOT71re POND O/V 'Srgmc M , /_OM77aiv.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.)
from the Division of Water Quality, Water Quality Section. In addition, the applicant is required
to register water use with the Division of Water Resources if the operation withdraws more than
100,000 gallons per day and needs a capacity use permit from the Division of Water Resources
if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day.
z rlAv� A PERrn it 6 ur _00 Nor rNn-tVD TD a9E -T7;
_L .ern 7M I NG- 7D A'E— P W19-7-ER CON r/9;1UEa By Pu rr P A>C-
r—RoM ONr PNZ TO ANorlJEN
m y PE-R. rn i i # N C& 0,Z 0 (3 q,
4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No l/. If yes, indicate evidence that you have applied for or obtained an air quality
permit issued by the Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
Wlq 7E R W R& o N WHEN N EC E S SJ�R. 9,

APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever), or a combination of the two, depending upon the site conditions.
Note that all buffers must be located withisl the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit
boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a
wider buffer may be needed depending on site conditions. Show all buffer locations and widths
on the mine map(s).
PART ©F M i INE NA 9 A 5U JGoor 6 u FrER IU-D
- l)t %DES r //R S A a o re -or eaFrew, ,
S F�5 ATTi9a h1 Fb Inglo,
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet
may be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within
the mining permit boundaries and any natural watercourses and wetlands at this site? Show all
buffer locations and widths on the mine map(s). s-� r 7-
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,
unless technical justification can be provided to allow steeper slopes.
T / SI0I°E To 14 rE-rT 6F_DW U)HTER LEU6L.
-8-

APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope $radient, installation of any
benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
A T7-1,9 C //E-,D
c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes
including specifications for benching and sloping. Cross -sections for all cut slopes must be
provided on the mine map(s).
A rTAC H67)
d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -
sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety
benches and mine benches, and the expected maximum depth of the excavation.
N/P
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring
dwelling house, public road, public, commercial or industrial building from any mine excavation.
Locate all such structures on th�e/V� m� ine map if they are within 300 feet of any proposed excavation.
6,19/?Rlcia_DES ✓/,/oR GENI/i/iNG
No wRucruREs a)rrHlty jeo' or ml'IVE
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall
area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate
boulder barriers may be acceptable high wall barricades. A construction detailfcross-section and
location of each type of barricade to be used must be indicated on the mine map(s).
9-RTE Pr ENTRANCE

APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes No Z. How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or
other measures. Show the location of all visual screening on the mine map(s) and provide cross -
sections through all proposed berms or proposed spacings, sizes and species for tree plantings.
A/ 0
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
fV0
11. Will explosives be used? Yes No _ —I . If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboring property from
flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures, more detailed technical information may be required on the blasting program (such as a
third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed
excavation(s) on the mine map and indicate its approximate distance to the proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes_ NoY . If yes, describe
these materials, how they will be stored and method of containment in case of spill. Indicate the
location(s) of all storage facilities on the mine map(s).
col

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the sequence and general methods to be used in reclaiming this land. This must include the
method of reclamation of settling ponds and/or sediment control basins and the method of restoration
or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and
other pollution. This information must be illustrated on a reclamation map and must correspond
directy with the information provided on the mine map(s). In addition, design information, including
typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and
the locations) of all permanent channels must be indicated on the reclamation map.
Ft'Stq PoNa
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes
No . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a
scaled cross -sections) through the proposed body(s) of water. The minimum water depth must beat
least 4 feet, measured from the normal low water table elevation, unless information is provided to
indicate that a more shallow water body will be pEpductive and beneficial at this site. Will the body(s)
of water be stocked with fish? Yes No . If yes, specify species.
Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are
appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all
permanent barricades must be shown on the reclamation map.
N(A
-11-

APPLICATION FOR A MINING PERMIT
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine
waste areas, including specifications for benching and sloping. Final cross -sections and locations for
such areas must be provided on the reclamation map.
CY1HrER119 LJIL-L -8E /'1rNEb ANZ RtMt)UED
�Y hut' PRDeESS, 5Z-a PEs
W/LL BE CrR/iDED
A)a s &tea r b,
S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
N1A
b. Will any on -site roadways be left as part of the reclamation? Yes No ✓ . If yes, identify
such roadways on the reclamation map and provide details on permanent ditch line stabilization.
b. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables,
or other such waste products of mining. (Note definition of refuse in. The Mining Act of 1971). No
shall be disposed of on the mine site without per written approval from
the NC Department of Environment and Natural Resources, Land Quality Section and either the
Division of Waste Management (DWM) or local governing body. If a disposal permit has been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along with a list of items to be disposed in said areas.
Al 0
-12-

0
APPLICATION FOR A MINING PERMIT
10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and, if necessary, temporary !evegetation. Revegetation
utilizing on] yy tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
and signed by one of the following:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment,
Health, and Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment, Health, and Natural Resources;
f. Others -as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre): a00041ACRF oR. F-0440W
�f6M InElUDRrroAs FRorr, A 20i4- rEST
FERTILIZER - ANALYSIS AND
8-9'? 64 OR TOLLOCcJ
SEED - TYPE(S) AND RATE(S)
SCHEDULE (pounds/acre):
Arts
rEB,eusRy /5 - f1PR14.
4PQ /4 1- Su L-y 31
#acwsr i - oLrv/3Ep as
RATE OF APPLICATIONunds/acre): 16co # 14e-RE
,fEe6/I7/77&-A1 ,gT7oiVS ieoln 4 ' Solt. 7-ES7;
OF APPLICATION INCLUDING YEAR-ROUND SEEDING
ven)&X .15'- G£B,QIIARy 15
MULCH - TYPE AND RATE
ANCHORING:
G'RA/N �7'7PAGJ f�Tf) /L9.7� Ol-
S PFCI E.S
1"6E LES PCB EZ A
419N7.4 GR.gss
RFo rb P
10(lV7erk +QYE CG�PAlN)
0-OMM011) BE�Ir1u �H
1-6 S PEDr-,R LGNSMR Flt' }
C-El?M-9 nJ M/ L c dF r
R YE (GAU/A/ - Tarn Po 6/4R y)
OF APPLICATION (pounds/acre)
—2�6 �l9u�'ES f91vD /4NC
OTHER VEGETATIVE COVERS -
SEEDING SCHEDULE (pounds/acre,
�-Bs I' Cee
50
i5
Si7
,3a
/4 b
AND METHOD OF
>'FD 41slivc- 01h1?k4
ffoIeEa APP�PaP R iR rEL y,
TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
trees/acre, spacing of trees/shrubs, etc): N/lq
Revegetation or reforestation Rlan approved by:
Signature
Print NameWoolard
Title lD 5+6 gE serW_kD'Nc
Agency U SO - N RCS_—
-14-
Date

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The fallowing 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 insert the approximate -acreage- far
onrh nenont of the mininv nnoratinn that vntj intend to affert during the life of this mining nermtt (in
AFFECTED
RECLAMATION RECLAMATION
CATEGORY.
ACREAGE
COST/ACRE* COST
Tailings/Sediment Ponds:
Ac. X
$ /Ac. = $
Stockpiles:
Ac. X
$ /Ac. = $
Wastepiles:
Ac. X
$ /Ac. = $
Processing Area/Haul Roads:
Ac. X
$ /Ac. = $
Mine Excavation:
% Ac. X
$ 500-00 /Ac. = $ gQA0- Q4
Other: 6 a FFE-9
�� ° Ac. X
$ /Ac. = $
TOTAL AFFECTED AC.:
91JF4Ae.
( TOTAL PERMITTED AC.:
�. 3� Ac.)
Temporary & PermanentSedimentation & Erosion Control Measures:
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
Ac.
b) Positive Drainage
Ac. X
$1, 500.00 = $
Inflation Factor:
SUBTOTAL COST: $ 4� 0
0.02 X SUBTOTAL COST:
$ q?0�0- 06 X
Permit Life (1 to 10 years):
INFLATION COST: $ Ft/e, DO
TOTAL COST = SUBTOTAL COST + INFLATION COST = $�I�y-
Total Reclamation Bond Cost: $ 9�• �D
(round down to the nearest $100.00)
-14-

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries on
the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order
to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered
pursuant to G.S. 74-59.
LANDOWNER:
Signature: '
Print Name: S
76a W 14007EIM1vN OPT)
Address: P. 0, e2DA I &67
Telephone: c�5A — 9 4-� Z 4/5
APPLICANT:
Signature- X'
Print Name: c l! nn WJ,E7
Title: 's U G ' _ 4W /V K
IQOG eRs W u R S CR9 a -
Company: /-/q N7),C 6 PIN 6- , -7- N G
Mine Name: RD G ERS ptr J�d2.
*Signature must be the same as the individual who signed Page 1 of this application.
maps, and the appropriate processing fee {see next page for fee schedule) in the form a check or money
order payable tote North Carolina Department of Environment and Natural Resources must be sent to
the Land Quality Section. Central. Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-18-

•
MINING
A nonrefundable
permit application processing fee
when filing for a
new mining permit, a
major permit modification or a renewal
permit is required as follows:
TYPE
ACRES
NEW PERMIT
MAJOR
RENEWAL
MODIFICATION
Clay
1 but less than 25
$500
$250
$250
25 but less than 50
1000•
500
500
50 or more
1500
500
500
Sand &
1 but less than 5
150
100
100
Caravel,
Gemstone, and
5 but less than 25
250
100
100
Borrow Pits
25 but less than 50
500
250
500
50 or more
1000
500
500
Quarry, 1 but less than 10 250 100 100
Industrial
Minerals, 10 but less than 25 1000 250 500
Dimension
Stone 25 but less than 50 1500 500 500
50 or more 2500 500 500
Peat & 1 or more 2500 500 500
Phosphate
gold (Heap
Leach), 1 or more 2500 500 500
Titanium &
Others
A nonrefundable $50.00 permit application processing fee Is required for minor permit modifications. Minor permit modifications include ownership transfers,
name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added
to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been
approved. All other changes are considered major modifications.
Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the
modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both.
10l2000
-19-

40
0
i
Francis M. Nevils, Jr., P.E.
Section Chief
Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Shipping Addromt Land Quality Section
512 North Salisbury Street
Raleigh, NC 27604
LAND OUALITY SECTION
James D. Simons, P.G., P.E. - Chief Freer
David H. Ward - Sediment Specialist
? - Assistant Sediment Specialist
Tracy E. Davis, P.E. - Miming Specialist
Judy Wehner - Assistant Mining Specialist
? - Assistant Mining Specialist
? - Dam Safety Engineer
Tand Dodd, E.I. - Assistant Dam Safety Engineer
James Caldwell, E.I. - Assistant Dam Safety
Engineer
"TERS
Caroline Medlin, E.1: Sediment Education
Specialist
Tabitha Brown - Sediment Education Intern
Secretaries
Wendy Sposto - Lead Secretary
Stephanie Lane - Sediment & Dams
Saran Edwards - Mining
LAND QUALITY SECTION REGIONAL OFFICES
Courier - 5241-M
Telephone: (919) T33-4574
FAX No.: (919) 715-Ml
Greg Taylor - LAN Coordinator
ASHEVILLE
MOORESVILLE
WINSCON-SALEM
RALEIGH
RICHARD PHILLIPS, P.E.
DOUG MILLER, P.E.
MATTHEW GANTI', P.E.
JOHN HOLEY, P.E.
Interchange Bldg.
919 North Main Street
585 Waughtown Street
38W Barrett Drive
59 Woodfin Place
Mooresville, NC 28115
Winston-Salem, NC 27107
Raleigh, NC 27609
Asheville, NC 28WI
COURIER-13-15-01
INTEROFFICE
COURIER - 12-59-01
COURIER - 09-08-06
(336) 7714600
(919) 5714700
(828) 2514M
[phone]
FAX 9 (336) 77I4631
FAX # [phone]
FAX # [phone]
FAX # [phone]
Alamance Alleghany Ashe
Chatham Durham Edgecombe
Avery Buncombe Burke
Alexander Lincoln
Caswell Davidson Davie
Franklin Granville Halifax
Caldwell Cherokee Clay
Caharrus Mecklenburg
Forsyth Guilford Rockingham
Johnston Lee Nash
Graham Haywood Henderson
Catawba Rowan
Randolph Stokes Surry
Northampton Orange Person
Jackson Macon Madison
Cleveland Stanly
Watauga Wilkes Yadkin
Vance Wake
McDowell Mitchell Polk
Gaston Union
Warren Wilson
Rutherford Swain Transylvania
Iredell
Yancey
FAYETTEVILLE
WILMINGTON
WASHINGTON
WILLIAM (TOBY) VINSON, P.E.
DAN SAMS, P.E.
FLOYD WILLIAMS, P.G.
225 Green Street
127 Cardinal Drive Ext.
943 Washington Square Mall
Suite 714
Wilmington, NC 28405-3845
Washington, NC 27889
Fayetteville, NC 28301
COURIER - 164W-01
COURIER - 14-56-25
COURIER - 04-16-33
[phone]
[phone]
[phone]
FAX # [phone]
FAX # [phone]
FAX # [phone]
Beaufort Bertie Camden Chowan
Anson Montgomery Scotland
Brunswick New Hanover
Craven Currhuck Dare Gates
Bladen Moore
Carteret Onslow
Greene Hertford Hyde Jones
Cumberland Richmond
Cohmtbus Pender
Lenoir Martin Pamlico
Harnett Robeson
Dupiin
Pasquotank Perquimarts Pitt
Hoke Sampson
Tyrrell Washington Wayne
REVISED 03120D2

SCHEDA OF
RECLAMATION
COSTS
la/z000
10 licos.neh.wpd
(Based upon range
of $500 -
$5,000
per
affected acre
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill
dirt, CS = Crushed Stone, DS Dimension Stone, FS = Feldspar, MI = Mica, LI
Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH
Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other
• Type T/S Ponds S.piles W.Piles P.area/H.R._ Mine Excay.
SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L)
Borrow 1500(FI) $2000(PD)
CS, DS, 500 (L) 1800 2000 2000 500 (L)
FS, MI, 1500(FI) 2500(PD)
LI , PF,
OL, KY
PH
1000(L)
2500
5000
5000
2000(L)
2500(FI)
5000(PD)
CL
1000(L)
2500
5000
5000
2000(L)
2500(FI)
3700(PD)
PE,
AU, 1000(L)
2500
3000
3500
2000(L)
TI,
OT 2500(FI)
5000(PD)
(L)
= reclamation to
a lake and
revegetating sideslopes
(FI)
= reclamation by
filling in
and revegetating
(PD)
= reclamation by
grading for positive drainage
& revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE
BOND CALCULATION WORKSHEET, YOU MAY SUBMIT.AN ESTIMATE OF RECLAMATION COSTS FROM A
THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE
FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service
Center, Raleigh, North Carolina 27699-1612
ALL ESTIMATES MUST INCLUDE THE FOLLOWING ASA MINIMUM:
FINAL GRADING COSTS PER ACRE
LIME AND FERTILIZER COSTS PER ACRE
YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION
PLAN IN APPLICATION/PERMIT DOCUMENT)
MULCH AND ANCHORING COSTS PER ACRE
- ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND
DETERMINATION.
1,000 copies of this public document were printed at a cost of $845.81 or $.85 per copy. 4/2DD2
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
-21-

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COLLIVTy.- fiEA")r-O r
sp-,qze : X'_ /Do "
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B Y : -r#AgrnR-S Re& Er S
CATEGORY
AFFECTED ACREAGE
TaiUnp/SaHment Ponds
lSwjqAes
WasbMiles
Processing Area/Haul Roads
Mine Excavation
Other Y tt1:�'
U3
AREA MAP
W WALE
PA o PoS C D 2 a o "]
-
cm OF'
o
-: r6row •
TO
ti SJ! PANTEGO-
e:XChvArZ'p
2oc6
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RECEIVED
JAN 26 2007
LAND QUALITY SECTION

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NCDENR'
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E. Land Quality Section Michael F. Easley, Governor
Director and State Geologist March 23, 2004 William G. Ross Jr., Secretary
Mr. Jimmie F. Rogers
Rogers Nursery & Landscaping, Inc.
PO Box 1667
Washington, NC 27889
RE: Permit No. 07-36
Rogers Pit No. 2 Mine
Beaufort County
Tar -Pamlico River Basin
Dear Mr. Rogers:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the affected acreage at this site to 19.84 acres. The
modification includes the addition of 14.33 affected acres within the permit boundary. 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. 1B, 4C, 3A, 5,10A through D, and 13, and Reclamation Condition No. 3.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 23.7 acres and the amount of land
you are approved to disturb is 19.84 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-7334574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Mr. Rogers
Page 2
Please review the modified permit and contact Kristin Hicklin, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Floyd R. Williams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRWIkh
Enclosures
cc: Mr. Pat McClain, PE
Ms. Shannon Deaton - WRC, wlenclosures
Mr. Bradley Bennett - DWQ, wlenclosure
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure

•
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES,
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Rogers Nursery & Landscaping, Inc.
Rogers Pit #2 Mine
Beaufort County - Permit No. 07-36
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: March 21, 2007

• 0 Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted "mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the per in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
March 12, 1999: This permit has been modified to add 12.84 acres to the permitted area and
to add 11.34 acres to the affected acreage as indicated on the mine map updated January 19,
1999.
December 20 2001: This permit has been modified to release 14.33 acres from the affected
acreage as indicated on the mine map dated December 2, 1996 and last revised December
13, 2001.
March 23, 2004: This permit has been modified to increase the affected acreage at this site to
19.84 acres. The modification includes the addition of 14.33 affected acres within the permit
boundary as indicated on the mine map dated December 2, 1996 and last updated January 9,
2004.

•
• Page 3
Expiration Date
This permit shall be effective from the date of its issuance until March 21, 2007.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Water Quality Section, Division of Water Quality, to secure any necessary
stormwater permits or other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) 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 Commissioni.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.

Page 4
C. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the mine
map last revised January 9, 2004.
5. All affected area boundaries (19.84 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
fi. 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 ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
7
10
Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
Sufficient buffer (minimum of 20 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1.
2.
3.
4.
5.
on -site generated
conveyor belts
wire cables
v-belts
land clearing debris
steel reinforced air hoses

• 0 Page 5
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit boundary,
the following information must be provided to and approved by the Division of
Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. 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.
12. 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.
V13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $6,100.00
Assignment of Savings Account and a $7,500.00 Assignment of Savings Account
($10,500.00 of which is required for this site), 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.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

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

• 0 Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. 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.
E. 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:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15 - April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1 - July 31 Common Bermuda 50
August 1 - October 25 Lespedeza (unscarified) 30
German millet 40
October 25 - February 15 Rye (grain- temporary) 120
Soil Amendments
Lime: 2000 Ibslacre 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 Ibslacre and anchored appropriately.

S Page 8
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued March 21, 1997, and modified March 12, 1999 and December 20,
2001, is hereby modified this 23`d day of March 2004 pursuant to G.S. 74-52.
40-t/James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

AT� A
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North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
Certified Mail
Return Receipt Requested
Mr. Jimmie F. Rogers
Rogers Nursery & Landscaping, Inc.
PO Box 1667
Washington, NC 27889
Re: Rogers Pit #2
Mining Permit No. 07-36
Beaufort County
Tar -Pamlico River Basin
Dear Mr. Rogers:
February 17, 2004
Michael F. Easley, Governor
William G. Ross Jr., Secretary
The review has been completed on the modification request your company submitted
for the above referenced mine site. However, the following is needed to continue processing
your application:
The reclamation bond was calculated for this site using the information submitted on the
mine map updated January 9, 2004 and the modification request received by the Land Quality
Section on January 20, 2004. The reclamation bond for this site has been calculated to be
$10,500.00. The calculation worksheet is enclosed for your review and the bond or balance
($7,500.00) will be required prior to approval of this modification.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., Rogers Nursery & Landscaping, Inc. In addition to one of these
alternatives, you may, upon request, substitute a cash deposit.
Please be advised that the modification request cannot be completed until the new bond
amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. if you are unable to meet this
deadline and wish to request additional time, you must submit information, in writing, to the
Director clearly indicating why the deadline can not be met and request that an extension of
time be granted.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

CERTIFIED MAIL
Mr. Rogers
Page Two
In order to complete the processing of your modification request, please forward the
bond to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Please contact me at [phone] if you have any questions.
Sincerely,
Kristin Hicklin
Assistant State Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Pat McClain, PE
R'.

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
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 insert -the apnroximale acreage. fnr_
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY
ACREAGE
COST/ACRE*
COST
Tailings/Sediment Ponds:
Ac.
X
$ /Ac.
= $
Stockpiles:
Ac.
X
$ /Ac.
= $
Wastepiles:
Ac.
X
J
$ /Ac.
= $
Processing Area/Haul Roads:
r Ac.
X
$ J /Ac.
= $
Mine Excavation: 5 • S 1 + 1 ti . 3 3 =
19,VAc.
X
$ 0 /Ac.
= $ f D �—
Other:
Ac.
X
$ /Ac.
= $
TOTAL AFFECTED AC.:_
Ac.
( TOTAL PERMITTED AC.:
3 . Ac.)
Temporary & Permanent et Sedimentation & Erosion Control Measures:
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.
aati�
a) Internal Drainage Ac.
b) Positive Drainage --- Ac. X $1,500.00 = $ -
SUBTOTAL COST: $� a o ao
Inflation Factor:
0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): 3 .
INFLATION COST: $ 95_ • -�- a
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 1�_� J 1,5. a O
Total Reclamation Bond Cost: $ �Q Do. 00
(round down to the nearest $100.00)
I co
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1D I SOO 00 �eQd e�Grmod � e ova

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
February 11, 2004
MEMORANDUM
TO: Judith A. Wehner
Assistant State Mining Specialist
FROM: Will Hart, Environmental Technician V
Washington Regional Office (J*rW
RE: Rogers Pit #2
Permit No. 07-36
Rogers Nursery and Landscaping, Inc.
Beaufort County
Tar -Pamlico River Basin
FEB 7 S 2004
On January 30, 2004 the Washington Regional Office (WaRO) received a Modification Request_
for the State Mining Permit referenced above. On December 20, 2001 the permit was modified
to release 14.33 acres from the bonded acreage. According to Mr. Jimmie F. Rodgers (DBA
Rogers Nursery and Landscaping, Inc.) the Modification Request dated January 16, 2004
involves the addition of the previously released 14.33 acres to the Mining Permit. As this area
was previously permitted, our office does not have any problems with granting this request..
To date, mining has not begun at this site. The Modification Request was routed to the WaRO
Division of Water Quality (DWQ). At this time, comments from DWQ have not been received.
Comments.from DWQ will be forwarded to you upon receipt.

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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
February 17, 2004
ITf�Ci ' •�` f ��
TO: Brenda Harris
Mining Program Secretary
Land Quality Section
FROM: Nat Wilson n
Blake Rouse
Water Allocation Section
Division of Water Resources
William G. Ross Jr., Secretary
FED j
�3Z1
- - R1-ITY SECTlo.1
SUBJECT: Comments on the Mining Permit Modification Request for:
Rogers Nursery & Landscaping, Inc.
Rogers Pit #2 Permit No. 07-36
Beaufort County
Please find attached a copy of the mining permit modification request for
the above referenced project.
Rogers Pit #2 located in Beaufort County should not have an unduly
adverse effect on ground water supplies.
Rogers Nursery & Landscaping, Inc. has obtained a CCPCUA Water Use
Permit, No. CU3056, through the Division of Water Resources.
If you have further questions please contact the Division of Water
Resources at [phone] or send correspondence to 1611 Mail Service
Center, Raleigh NC 27699-1611.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc,us/ENR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled M% Post consumer Paper

Rogers Pit #2 (07-36)
0
Subject: Rogers Pit #2 (07-36)
From: Will Hart <[e-mail]>
Date: Tue, 17 Feb 2004 10:15:47 -0500
To: "Kristin.Hicklin" <[e-mail]>
Here are the comments for the mine permit modification referenced
above. Let me know if the attachment does not take and I'll try
again.
1 of 1 2/17/2004 10:43 AM

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
February 11, 2004
MEMORANDUM
TO: Judith A. Wehner
Assistant State Mining Specialist
FROM: Will Hart, Environmental Technician V
Washington Regional Office
RE: Rogers Pit 42
Permit No. 07-36
Rogers Nursery and Landscaping, Inc.
Beaufort County
Tar -Pamlico River Basin
On January 30, 2004 the Washington Regional Office (WaRO) received a Modification Request
for the State Mining Permit referenced above. On December 20, 2001 the permit was modified
to release 14.33 acres from the bonded acreage. According to Mr. Jimmie F. Rodgers (DBA
Rogers Nursery and Landscaping, Inc.) the Modification Request dated January 16, 2004
involves the addition of the previously released 14.33 acres to the Mining Permit. As this area
was previously permitted, our office does not have any problems with granting this request.
To date, mining has not begun at this site. The Modification Request was routed to the WaRO
Division of Water Quality (DWQ). At this time, comments from DWQ have not been received.
Comments from DWQ will be forwarded to you upon receipt.

Frly, February 13, 2004 1:24 PM Danielle R. Pender [phone]
® North Carolina Wildlife Resources Commission K�
Charles R- Fullwood, Executive Director
MEMORANDUM
TO: Brenda M. Harris, Mining Program Secretary
rl.a�d Quali Sec1h�on
�
FROM: Danielle R. Pender, Acting Northeast 'oastal Region Coordinator
Habitat Conservation Program
�f
DATE: 13 February 2004 ,'
SUBJECT. Mining Permit Modification for Rogers Nursery and Landscaping, Inc., Rogers Pit
42 - Permit No. 07-36, Beaufort County, North Carolina
Biologists with. the North Carolina Wildlife Resources Commission have reviewed the
subject permit renewal. Our comments are provided in accordance with provisions of the Mining
Act of 1971 (as amended, 1982) (G.S. 74-76 through 74-68 15 NCAC 5). '
The applicant is requesting a modification of a current mining permit to mine topsoil and
sand. The total permitted acreage is 23.7 acres and the applicant would Iike to add an additional
14.33 acres of disturbed area. Snode Creek, a tributary stream of the Pamlico River, flows
through or near the site. The Pamlico River and many of its tributaries provide spawning or
nursery habitat for anadromous fishes. Due to the presence of these important resources,
protecting water quality is essential and proper erosion and sediment control should be strictly
adhered to.
We recommend that the following conditions be incorporated into the permit to reduce
impacts to fish and wildlife resources.
1. In order to reduce stream impacts, while retaining some measure of wildlife habitat, we
recommerd a 100-foot undisturbed, native, forested buffer along perennial streams, and a
50-foot buffer along intermittent streams and wetlands for the present operation and any
0 a-' future expansions- Adequate riparian habitat and watershed protection is essential to the
continued survival of rare aquatic species. Maintaining undisturbed, forested buffers
along these areas will reduce impacts to fish and wildlife resources, water quality, aquatic
Y9'Li habitat both within and downstream of the project area, and help prevent the extirpation
bt of endangered and threatened species. In addition, these buffers will provide an adequate -�
travel corridor for wildlife species. Whereas, a grassed buffer, particularly fescue, is a
�-L`4 ' vegetated buffer but will not provide the necessary and highly valuable functions as
Mailing Address: Division of Inland Fisheries - 1721 bail Service Center - Raleigh, NC 27699-1721
telephone: [phone] ext. 281 • Fax: [phone]
p.01

}.
Friday, February 13, 2004 1:24 PM Danielle R. Fender [phone] p.02
Page 2
13 February 2004
Rogers Nursery & Landscaping, Inc., Rogers Pit #2
Permit No. 07-36
discussed for forested buffers. We request that sediment and control measures be located
outside of these buffers.
2. � We encourage the applicant to consider using seed mixtures that are beneficial to wildlife
in their reclamation plan, such as native, warm season grasses. An exact seeding mixture
would need to take into account soil types, moisture, p13, and degree of slope of areas to
be stabilized. Additionally, for relatively shallow sediment basin reclamation, we
recommend these areas be reclaimed as wetlands where practicable. We refer the
applicant to David Rowe, District Wildlife Biologist at (252) 221--4053 for additional
information and ideas on reclamation for wildlife.
Thank you for the opportunity to review and comment on this application. If we can be
of further assistance, please contact our Washington office at [phone] extension 345.
CC,. Jimmie Rogers, Applicant

r�
MINING CHECKLIST F09 ROUTING
A C...
Applicant's Name:P+t Name: PJ
AppVc./Permit No.: P3�County: Date Received: ao D
Reviewer: IU/ a River Basin Name: Q/l�
❑ New ❑ Renewal (inside permit boundaries)
ElModification (outside permiZ�Vdificatlon
undaries) ❑ Transfer ❑ Release
.❑ Partial Release ❑ Additional Information ❑ Fee Needed: $
ee
0
Received: UQDD 4—
Please route entire an12li atiorLl2acCc aile to:
.•� ��Si 0140J Regional Office (2 complete copies; attach the " RUPA
Office Mining Application Review Checklist" to one copy and attachVthnal
an
"Mining Application Review Form" to the other copy; send both co ies Engineer)
Date: Routed 17 2-1d
vision of Water Resources Date: Routed Rec'd
�C Wildlife Resources Commission Date: Routed RBG'd
❑ US Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Plear2e roufC firQ: 5 12 M60 Qf the 121ic ionan� d anv location mans to:
❑ Division of Parks & Recreation Date: Routed Rec'd _
❑ NC Geological Survey Section Date: Routed Rec'd _
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd _
(Only new applications)
❑ Other: sy Date: Routed Rec'd
'"5uopen5e Date for Comments: a
11 10q—(no later than 25 days
'.; from receipt) 3 ��
❑ Please note the following:
.r .

NCDENR-
North Carolina Department of Environment and Natura
Division of Land Resources
Land Quality Section -
James D. Simons, P.G., P.E. January 22, 2004
Director and State Geologist
MEMORANDUM
TO: Mr. Dave McHenry
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris
AA ---
Mining Program Secretary
Land Quality Section
Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
SUBJECT: Mining Permit Application for Rogers Nursery & Landscaping, Inc.
Rogers Pit #2
Beaufort County
Please find attached for your review a copy of the mining permit application
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
Please respond by February 13, 2004 so that we may complete our review of this
request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off -site
sedimentation. However, any comments your agency can provide regarding effects on
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application. RETURN ALL APPLICATION
MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper

NCDENR-
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. January 22, 2004 Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harri
A�t—b-
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for Rogers Nursery & Landscaping, Inc.
Rogers Pit #2
Beaufort County
® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on February 13, 2004 sd that we may complete our
review of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to
have any recommendations you may provide for permit conditions, for reasonable
protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they
contact the person submitting this request to set up a convenient date and time. Also,
please send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
9OT,1,
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity L Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

ROGERS NURSERY S LANDSCAPING, INC.
JEAN, JIM & THOMAS ROGERS &
ANGELA R. BALLANCE
PH M-946-rW FAX M-946-44M
s M WHOOTBJTOWN RO. P O SOX 1667
WASHMTON, NC 27869
dHALL�lcz-e ohm
6469
SPAWH 9=4
$
.0-AW

January 16, 2004
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping,
P. O. Box 1667
�.. , 2El I
Washington, NC 27889 JAIL 2 0 O4' 1 .. _�
oIT
LAND ML'Al_��"i SECTION
ATTENTION: Land Quality Section w �- ----- -- —
Kristin Hicklin
SUBJECT: Modification for Rogers Pit #2 (07-36) Mining Permit
Rogers Pit #2 is requesting permission to add an additional 14.33 acres of existing mining
permit (07-36) to be bonded.
The reason for this request is that we are ready to start mining this area. Please figure our
bond amount so that we can make proper arrangements with our bank for a CD to cover
this cost.
This modification of the original Rogers Pit #2 permit will not invoke any of the 7 denial
criteria as set forth in G.S. 74-51 of the act because all circumstances are still the same as
when the original permit was granted.
Our check for $100.00 is enclosed for the Modification Fee.
Thank you,
��
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping, Inc.
P. O. Box 1667
Washington, NC 27889
252-946-7345

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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine RLGER-S- r 1-r-Aa. _._ ..County EAU FORT
River Basi Li Latitude(dd.mm.ss)35--S4 Longitude (dd.mm.ss)_'7
2. Name of Applicant* RQA E R S. Wh95ERY 4- LANI)S!:AP►NG- TALC • __ _
3. Permanent address for receipt of official mail** P. Q. X i 1 JJA S H 1 N iU C
19
Telephone�J��
4. Mine Office Address.'? 6 a ( H OOTE Nrow m _ R .. j)1Q X l to 7
UJ�S NC 11/_ A/C a 2999 _ Telephone c25L ` 9Ll6 ~ 73 415
5. Mine Manager U-1 mJ02 t E / . _ 82 afRS , T
We hereby certify that all details contained in this Permit Application are true and correct to the best of
our knowledge. We fully understand that any willttil misrepresentadon of facts will be cause for permit
revocation.
Date
Print
Title 'Z5 E c ►2 Erb R
* This will be the name that the mining permit will be issued to and the name that_must be indicated on the
reclamation bond (,SGcu� l that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the D artnient shall grantor deny an application for a hermit within 60 days of receipt
of a p application or, i ublic a pphearing is held, within 30 days following the hearing and the filing of
any super plemental information required by the Department. All questions must be addressed and all required
maps provided before this application can be considered complete. Attach additional sheets as needed.

APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer all of the following that apply:
1. a. If this is an ag�lication for a ]�� permit, indicate the total acreage at the site to a covered by
the permit (this is the acreage that the "new permit" fee will be based upon); N
Of this acreage, how much is owned and how m c�'' is leased? Acres owned:_L]LL� Acres
leased: NI Property owner if leased:_ .._
b. If this is an application for of a mining permit, indicate the mining per it number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:2
Total
permitted acreage (this is the acreage that the "renewal" fee will be based upon):
c. If this is an application fora MQDIFICAMN to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: D 733 Total permitted acreage: Q.3. 7_
Does the modification involve acreage within the previously approved permitted boundary?
Yes _!�n No_.... If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon): / Y. 3-3
Does the modification involve acreage Qutsida the previously approved permitted boundary?
Yes., No ✓ . If es, indicate the additional acreage to be covered by this
modification: _ N (NOTE: you must complete aU of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed,
ground cover removed) by the mining ofperation`� Yes ✓ No— (if no, a "minor modification"
fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon): 14.3 3 __
d. If this is an application for TRANSFER of a mining permit, indicate the mining perms number
and the total (overall) acrea a vered by the existing permit: Mining Permit No.: Wu
Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR .THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: 7-6 P SO,4_ _0L" Nb _
Mining method: Hydraulic Dredge ✓ Front-end Loader & Truck " Shovel & Truck
Dragline & Truck ✓ Self -loading Scraper Other (explain) FA C h VA LOg
-2-

APPLICATION FOR A MINING PERMIT
4. a. Expected maximum depth of mine (feet) /
Depth i. relative to what benchmark? (e. ., natural group level, mean
etc.) 6ENC M ,��K ,3. �__ A 7"
b. Expected average depth of mine (feet) 115-
5. Has any area(s) at this site been mined in the past? Yes • No ✓
If yes, when and by whom was this activity conducted?
6. Number of years for which the permit is requested (10 years maximum):—
B. MAPS
level, road elevation,
/U
I. Clearly mark and label the location of your minin& operation on six (6) conies of a 7.5 minute
quadrangle and a county highway map. These maps, in addition to sit copies of all mine maps and
reclamation maps, must be submitted with each permit application.
— 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
— County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
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Charles H. Gardner, P.G., P.E.
Director and State Geologist
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RCDENR
Department of Environment and
Division of Land Resources
Land Quality Section
December 20, 2001
Rogers Nursery & Landscaping, Inc.
Attention: Mr. Jimmie F. Rogers
Post Office Box 1667
Washington, North Carolina 27889
RE: Permit No. 07-36
Rogers Pit #2
Beaufort County
Pamlico River Basin
Dear Mr. Rogers:
Natural Resources
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Your application for modification of the above referenced mining permit has been
approved. The modification is to release 14.33 acres from the affected acreage as
indicated on the mine map dated December 2, 1996 and last revised December 13,
2001. 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 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 Operating Conditions Nos. 4C, 5, and 13.
Please note, G.S. 74-65 states that the issuance of a mining permit does no supersede
or otherwise affect or prevent the enforcement of any zoning regulation or ordinance
duly adopted by an incorporated city or county or by any agency or department of the
State of North Carolina.
As a reminder, your permitted acreage at this site is 23.7 acres and the amount
of land you are allowed to disturb is 5.51 acres.
In addition to this modification, please note that we have received the $6,100.00
Assignment of Savings Account (no. 10726354) issued by Wachovia Bank, N.A. for the
above referenced mining operation and the Rogers Pit #1 site (Permit No. 07-32). As
this new bond sufficiently covers the mining operation ($3,100.00 of which is required
for Rogers Pit #1, and $3,000 of which is required is for Rogers Pit #2), the enclosed
surety bond (no. 3SE 907 102-00) for $15,000.00 with American Manufacturers Mutual
Insurance Company is hereby released by the Department for your disposal.
Operating Condition No. 13 on page 5 of 8 of the Rogers Pit #1 mining permit
(Permit No. 07-32) has been updated to clarify this bond replacement. Please replace
the existing page 5 of 8 of your permit with the enclosed, revised page 5 of 8 for future
reference.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
�5 An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

0 0

• 0
Rogers Nursery & Landscaping, Inc.
December 20, 2001
Page 2
Please review the modified permit and advise this office at [phone]
should you have any questions concerning this matter.
Sincerely, '
Tracy E. Davis, P.E., C.P.M.
State Mining Specialist
Land Quality Section
TED/ch
Enclosures
cc: Mr. Floyd R. Williams, C.P.G., P,G., C.P.E.S.C., w/enclosures
Ms. Monika Sharma-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures

0 0

0
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Rogers Nursery & Landscaping, Inc.
Rogers Pit #2 Mine
Beaufort County - Permit No. 07-36
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

n
0
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. 'The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
March 12. 1999: This permit has been modified to add 12.84 acres to the permitted area and
to add 11.34 acres to the affected acreage as indicated on the mine map updated January 19,
1999.
December 20, 2001: This permit has been modified to release 14.33 acres from the affected
acreage as indicated on the mine map dated December 2, 1996 and last revised December
13, 2001.
Expiration Date
This permit shall be effective from the date of its issuance until March 21, 2007.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.

0 0

0
s
Page 3
B. Any stormwater runoff from the affected areas at the site shall be in accordance
F 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 Section, Division of Water Quality, to secure any necessary
stormwater permits or other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 20 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.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
CC
All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the mine
C map
dated December 2, 1996 and last revised December 13, 2001.
All affected area boundaries (5.51 acres) shall be permanently marked at the site on
100 foot intervals unless the line of sight allows for larger spacing intervals.
6. 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 ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum of 20 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.

0

•
9
- - 51M.56M.
Page 4
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 7449 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste Management.
No petroleum products, acids, solvents or their storage containers or any other
material that may be considered hazardous shall be disposed of within the
permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 7449 (14) of the N.C. Mining Act of 1971):
1) on -site generated land clearing debris
2) conveyor belts
3 wire cables
4) v-belts
5 steel reinforced air hoses
6� drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established.
11. 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.
12. 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.

0 0

•
•
Page 5
13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $6, 100.00
Assignment of Savings Account ($3,000.00 of which is required for this site) 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.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

Page 6
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 B,y._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,
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 restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed.

0 0

•
D. No contaminants
disposal of waste
through D.
Page 7
shall be permanently disposed of at the mine site. On -site
shall be in accordance with Operating Condition Nos. 10.A.
E. The affected land shall be graded to prevent the collection of noxious or foul water.
3. Reveaetatio Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Dates
February 15- April 1
April 1- July 31
August 1- October 25
October 25- February 15
Species
Kobe Lespedeza
Bahiagrass
Redtop
Winter rye (grain)
Common Bermuda
Lespedeza (unscarified)
German millet
Rye (grain- temporary)
Rate, Lbs/Acre
10
50
1
15
50
30
40
120
Lime- 2000 Ibslacre or follow recommendations from a soil test.
Fertilizer- 1000 Ibslacre 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 Ibslacre and anchored appropriately.
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.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any
event, reclamation shall be initiated as soon as feasible after completion or termination of
mining of any mine segment under permit. Final reclamation, including revegetation, shall
be completed within two years of completion or termination of mining.
This permit, issued March 21, 1997 and modified March 12, 1999, is hereby modified this
20th day of December, 2001 pursuant to��7zrin�.
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

11• f % p .
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
DEP,-1, 8 �001
The following bond calculation worksheet is to be used to establish an appropriate bona (based upon a range
of $S00 to $S, 000 per affected acre) for each permitted mine site based upon tlie, acreage approved by the
Department to 0e affected during the life of the mining permit. Please insert the approxi ate acreage- far
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY
ACREAGE
COST/ACRE'"
COST
Tailings/Sediment Ponds:
Ac.
X
$ /Ac.
= $
Stockpiles:
Ac.
X
$ /Ac.
= $
Wastepiles:
_ Ac.
X
$ IAc.
= $
Processing Area/Haul Roads:
Ac.
X
$ _ /A .
= $
Mine Excavation:
7 / Ac.
X
$
7 -�7S U
Other:
Ac.
X
$
--
TOTAL AFFECTED AC.:
r Ac.,
( TOTAL PERMITTED AC,:
�2' �' �_
_ _ Ac.)
G�PO
J
Divide the TOTAL AFFECTED AC. above into the
following two ca aff
cres that drain into
proposed/existing excavation and/or b) affected acres that will
be grade st '
ge where measures
will be needed to prevent offsite sedimentation
and
sedimentation
to onsite terco
and wetlands.
a) Internal Drainage
f Ac.
�q
b) Positive Drainage
Ac.
X
$1,500.00
— $
SUBTOTAL COST:
$ 7 -
Ittflatjon Factor,
0.02 X SUBTOTAL COST:
$ S.
__- X
je
Permit Life (1 to 10 years): --
INFLATION COST:
TOTAL COST = SUBTOTAL
COST +
INFLATION COST
Total Reclamation Bond Cost:
(round down to the nearest, $100.00)
-14-

0 0

a1
1
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ROGER-S Prr--#z
M , ry INC- PERMIT' -# 07- 3e,
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DEC 1 4 Z001
LAND QUALITY SECT€ON
rvA-,HiNGTCN REGI_U' 1AL OFFICE
r To ♦ SLopE
_U FL•t��Sr�RBE73
i
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f ,4117c OF fri I'A.r %i 0 GE R5
COtcflu 1 y NErlaFOR7`
L Y - lnas A?, U E9s
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
Wastepiles
Processing Arm/Haut Roads
Mule Excavation
<MtSM� � � PRBPQSEIy 111a3rF�cAra,v
8so I1.3V
Other I
i. 35 I.50
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- TOWM Or "
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NO SCALE
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0
0

•
ROGERS NURSERY & LANDSCAPING rN
Jean, Jim, & Thomas (946-7345) > CE
762 Whootentown Rd., P.Q. Box 1667
Washington, NC 27889 DEC 1 7 2001
(l� - i 4 — D 1 By: _L
Pam-
I-eal lr� -4�0
M
A2ZX4"
9Al--4uA91&

TRANSMISSION 1IERIFICATION REPOR
TIME 12/14/2001 12:40
NAME GARDNER
FAX [phone]
TEL [phone]
DATE DIME
12/14 12:38
FAX NO./NAME
82529464408
DURATION
00. 01: 27
PAGE(S)
02
RESULT
OK
MODE
STANDARD

in
North Carolina
Charles H. Gardner, P.G., P.E.
Director and State Geologist
FAx
To: Ms. Jean Rogers
FqCDENR
Department of Environment and
Division of Land Resources
Land Quality Section
Of: Rogers Nursery and Landscaping
Fax: [phone]
Voice: [phone]
Pages: 1 including cover sheet
Date: December 14, 2001
Comments:
Natural Resources
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
I have recalculated the required bond amount for the Rogers Pit #2 Mine (Permit No. 07-36) based upon the
mine map last revised 12/13101, Per this modification to the affected area of the mine site, the attached Bond
Calculation Worksheet was completed. The revised bond required for this site has been calculated to be
$3,000.00, Please note that the revised bond amount was calculated using an Inflation Factor based upon the
time remaining before the permit expires on March 21, 2007. Should this permit be renewed in the future, a
higher Inflation Factor may be used to recalculate the required bond amount.
With the aforementioned required bond of $3,000.00 for Rogers Pit #2 Mine (Permit No. 07-36) and a required
bond of $3,100.00 for Rogers Pit #1 Mine (Permit No. 07-32), the total bond amount now required to cover both
of the referenced mining permits is $6,100.00. Per our telephone conversation this morning, you plan to acquire
an Assignment of Savings Account for this amount through your local bank, and you will send the completed,
original assignment form and the original or photocopy of the document issued by the bank (passbook, deposit
receipt, or actual certificate of deposit) to my attention by next -day delivery service. You are also sending your
revised mine map for Rogers Pit #2 Mine to my attention, by Certified Mail today.
Please do not hesitate to call me if you have any questions. Thank you.
From: Chris Hite
Land Quality Section
Telephone: [phone]
Fax Number: [phone] or
[phone]
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

a
o o QAs 4rsPrey a•ro� a•��sc�APPLICATION
FORA 1IENING PERMIT o jj,& /, 1 4 �rZe� (076
E. DETERMINATION OF AFFECTED ACREAGE AND BOND /629444 C0444 fy
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 insert the apprnzimate acreage_ for
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY
ACREAGE
COST/ACRE*
COST
Tailings/Sediment Ponds:
Ac.
X
$ /Ac.
= $
Stockpiles:
Ac.
X
'$ /Ac.
= $
Wastepiles:
Ac.
X
$ /Ac.
_ $
Processing Area/Haul Roads:
Ac.
X
$ /Ac.
_ $
Mine Excavation:
_5' SI Ac.
X
$ /Ac.
_ $ .77 SS
Other: Ac. X $ /Ac. _ $
TOTAL AFFECTED AC.: S. S/ Ac.
( TOTAL PERMITTED AC.: ;F3. 7 Ac.)
Teempor &!ermanent Sedimentation & ErosControl Measures:
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 S V Ac.
b) Positive Drainage Ac. X $1,500.00 = $
0
SUBTOTAL COST:
Inflation Factor3Ixr/01)
C/gauldyp �wtwM3f wial! yl,r_j
0
0.02 X SUBTOTAL COST: $ SSA X Permit Life (1 to 10 years):
INFLATION COST: $ 3 30
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 109
S �
Total. Reclamation Bond Cost: $ � Q�0-12- a�'j'01�
(round down to the nearest $100.00.)
o
A iii °t r ,
=j ��p
Q�oikk
�� l � �rd�.
-14 - as�� t�l se

12�
1.
14/2001 21:56 FAX
• 0
armor �■�
NCDENR
NwN Cwoum DmRroom oR
EWRONMffNr AND kp1JRAL FtSWRCE9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WASHINGTON REGIONAL OFFICE
943 WASHINGTON SQUARE MALL
WASHINGTON, NC 27889
PHONE [phone] FAX [phone]
TO:
FAX:
NUMBER:
FROM.
DATE: /-7 . -
NO. PAGES (including cover page) 2-
COMMENTS:�-

12i14/2001 21:56 FA..X � 0?
�vJ-�1 1 ft �l Yhi\y11 /♦ V
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND - ..
The allowing 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 bated upon the acreage approved by the
DT&tment to be affected during the life of (fie mining permit. Please insert the as zm ate a e.: fQrfQr
012042rr YOU pasiga.spa your
ems_ ana sraaaara recuMnon
cow;
RECLAMATION RECLAMATION
AFFECTED
CATEGORY
ACREAGE
COST/ACRE* COST
TailingsSediment Ponds;
Ac. X
$ /Ac. = $
Stockpiles:
Ac. X
$ /Ac. = $
iII
Wastepilles:
_ _. Ac. X
$ /Ac. = $
Processing Area/Haul Roads;
Ac. X
$ /A = $
Mine Excavation:
_ / Ac, X
$ - 7 S-S J v
Other:
Ac. X
$ —
TOTAL AFFECTED A.C.:
Ac.
v
Y
Q
( TOTAL PERMITTED AC.:
Ac.)
0
Divide the TOTAL AFFECTED AC. above into the following
two ca aff cres that drain into
proposed/existing excavation andfor
b) affected acres that will
be graded si ' age where measures
wiU be needed to prevent offsite sedimentation and sedimentation to onsite terco and wetlands _
a) Internal Drainage
- ♦ f Ac.
b) Positive Drainage
T Ac. X
$1,500.00 = $- -
SUBTOTAL COST: $ = 2 -r
Iuflati��
o
.
0.02 X
SUBTOTAL COST:
$ X
Permit Life 0 to 10 years):
r-_r
INFLATION COST: $ �=
TOTAL
COST - SUBTOTAL COST + INFLATION COST
Total Reclamation
Bond Cost: $
(round down to the
nearest $100.00)
-14 •-

. ROGERS NURSE
Fax : [phone]
14 101 09:50 P.01
i
Rogers Nursery & Landscaping, Inc.
762 Whootentown Road
P.O. Box 1667
Washington, NC 27889
Phone #[phone]
Fax #[phone]
FACSIMILE COVER SHEEN'
DATE:
TO:
PHONE#:
FAX#:
FROM:
Pages Including this cover sbeet: C�21
41

rn
OL
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Q)
It
M N,NG �PERmlr -if 07--3�-
AFEA or oak Farfikr-rEa Ac HEA6E
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1 �NS EN:
'4E�E+VE'b PND APGRa yga l;� T7!E 'Der ry1,•-Fp?-
d)�! ErrlkAo,vfikN1 A"b 1YRrcar,t /tec 1RCE^.
PROPOSE Mo-blrie- rroN
F -77
Y
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l i er.>Sytws�cn �-
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FF�c r&b ', 9w �A�fjltlrf
couDg� Fob ° �F+� r1'"
t Yo �c Ajsruabea owLl urrrtL
�1• ruT,RE PERM r Mook.kGA*,oti
�[l j e RE4CE,vED Ardq f[Pr')2r7✓F D .
L
cr-- OVI e . 1'uGCRS A
L 71LN�}' %J�:IUFORI
Snc
CATEGORY
AFFECTED ACREAGE
T� Qloads
Slxkpiles
Wamp7cs
Prmatting Anm/HaW Roads
Mine FAcW,-Am X
` e`� Pr.awra �b +ram, •�
a !!. 3Y
Odker
( f• 5a
4 V
I -'•L
EN
--
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AREA
00SCALE
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- .cs 49-f �•totPrG 6y aC�0.wPt sl awof o f �'lQ�d

ppppp,
TRANSMISSION VERIFICATION REPOR
TIME 12/13/2001 15:43
NAME GARDNER
FAX [phone]
TEL [phone]
DATE,TIME 12113 15:43
FAX NO./NAME 82529464408
DURATION 00:00:50
PAGE(S) 01
RESULT OK
MODE STANDARD

North Carolina
Charles H. Gardner, P.G., P.E.
Director and State Geologist
FAx
To:. Ms. Jean Rogers
iA7 im
'A
NCDENR
Department of Environment and
Division of Land Resources
Land Quality Section
Of: Rogers Nursery and Landscaping
Fax: [phone]
Voice: [phone]
Pages: 1 including cover sheet
Date: December 13, 2001
Comments:
Natural Resources
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Per our telephone conversation, please prepare a revised mine map as described below in order to reduce the
bonded acreage on the Rogers Pit #2 site (Mining Permit #07-36).
1) Clearly delineate and label the area which is currently disturbed. Your permit will be revised to limit all land
disturbing activities to this area until our office receives and approves a future permit modification.
2) Clearly label the areas of your permit to be left undisturbed. Include a note on the map which states that
these areas shall not be disturbed until such time as a permit modification has been received and approved by
the Department of Environment and Natural Resources.
3) Sign and date the map.
4) Keep one copy of this map for your own use, and provide a copy to our Washington Regional Office and a
copy to me.
Upon Regional Office verification that the map matches the currently disturbed area at the site, I can calculate a
revised bond amount for you. Please proceed quickly with these steps, as the pending bond cancellation
deadlines are rapidly approaching. And please call me if I can be of any assistance. Thank you.
From: Chris Hite
Land Quality Section
Telephone: [phone]
Fax Number: [phone] or
[phone]
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-7334574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

FDE
TWIDState of North Carolina 7 Zoof
f ' onm n n tur I R
Department o Envir e t a d Na a eso
Washington Regional Office
Michael F. Easley, Govemor
William G, Ross, Jr,, Secretary
NOTICE OF NONCOMPLIANCE WITH .MINING Q.ERMLT
CERTIFIED MAIL
RE,T__URN RECEIPT REQUESTED
7000 1530 0003 2288 0566
Mr. Jimmy Rogers
Rogers Nursery and Landscaping
Post Office Box 1667
Washington, North Carolina 27889
Dear Mr. Rogers:
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
December 6, 2001
This is to inform you of noncompliance with mining permits No. 07-32 and 07-
36 issued to you and/or your firm to operate the Rogers Pit #1 and the Rogers Pit #2
mines in Beaufort County.
On November 4 and 6, 2001, personnel of this office inspected the mines, as
required by G.S. 74-56 of the Mining Act of 1971. The inspection disclosed that the
operation was not in compliance with reclamation conditions of your mining permit.
RECLAMATION CONDITION No._4:
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.
The inspection revealed that the northern side of the pit, at Rogers Pit
#1, has near vertical slopes and several stockpiles that must be
properly graded and along with the recently resloped southern and
eastern sides of the pit need to be provided with a ground cover
sufficient to restrain erosion, according to the approved reclamation
plan.
At Rogers Pit #2, the area was cleared about a year ago, but no mining
has taken place. This site needs to be provided with a ground cover
sufficient to restrain erosion.
943 Washington Square Mall, Washington, North Carolina 27689 Telephone [phone], FAX [phone]
An Equal Opportunity Employeer 50%recycled/10% post -consumer paper

CERTIFIED MAIL
Mr. Jimmy Rogers
Rogers Nursery and Landscaping, Inc.
December 6, 2001
Page 2
If the reclamation bond is canceled by the institution issuing the bond and is
not sufficiently replaced, all mining activities must cease and both mine sites must
be completely reclaimed.
Please note that if the reclamation bond is not reinstated or replaced by
Janua 24, 2002, the mining permits will be automatically revoked (G.S. 74-50(c)).
Thus, any mining conducted at the sites after this date will considered mining without
a permit and subject to further enforcement action, such -as civil penalties and
injunctive relief.
If the previously described deficiency is not corrected within 30 days following
your receipt of this Notice and a substitute reclamation bond is not received by this
office within this deadline, or if reclamation of the site is not completed, this matter
will be referred to the Attorney General's Office for initiation of bond forfeiture
proceedings under G. S. 74-56(d). In addition, failure to correct this deficiency may
result in the assessment of civil penalties and/or injunctive relief against you.
The responsibility for understanding and complying with the conditions of your
mining permit rests with you. The responsibility rests with you for notifying this office
of your plans to correct the deficiency.
Please do not hesitate to contact this office regarding any questions you may
have about this matter.
Sincer ly,
Floyd R. Williams, C.P.G., P.G., C.P.E.S.C.
Regional Engineer
FRW:PHM:sc
Enclosures Inspection reports
Assignment of Savings Account form
Irrevocable Letter of Credit form
cc: Mr. Tracy Davis, PE, State Mining Specialist
Ms. Catherine R. Moran, Attorney -in -Fact,
American Manufacturers Mutual Insurance Company

... .r,�- ..:i.- „�.��,�„�..Tv..�..-...h...�•:"u'�.,'0"w�`: �....n.: �11...k�-� �},r^.r . r�.-r ,�;ryc.%,.r,;i;��"`".-� 1..:(`..'�.,..-.�r.�.r'r-....,.,'... rf`"��: n. �r:.°, •. L, "'• -
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
(PERMITTED MINE)
1. MINE NAME4o� -s %�. ~ 2. MINING PERMIT # 4 J
3. OPERATOR 4.
5. ADDRESS /f/a.J
6. PERMIT EXPIRATION DATE 12 o 7. RIVER BASIN -R, - ....-n
8. Person(s) contacted at site
9. Was mine operating at time of inspection? ❑ Yes C-No 10. Pictures?
11. Date last inspected: , -T I / 2 /cam / 12. Any mining since last inspection?
13. Is the mine in compliance with the Operating Conditions of the Permit? [D—Yes
If no, explain:
❑ Yes 9—No
❑ Yes M No
❑ No
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes 2No
If no, explain_' l 4 �r � �r���� / r_1az3
15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:�,-
17. Other recommendations and comments:
r ?e
18. Is the Annual Reclamation Report +/-map accurate? [-Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes `0'No Proposed date 1 1
20. No. of additional pages of -Inspection Report 21. Copy of Report sent to operator 12- / G I
(date)
INSPECTED BY: ../ / �-�� ,ram _ DATE -c
Telephone No: (2 5Z-) ,'_l G/
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

Re: Rogers Pit 42 - Beaufort Co. . is
Subject: Re: Rogers Pit #2 - Beaufort Co.
Date: Thu, 06 Dec 2001 15:55:14 -0500
From: Tracy Davis <tracy. davis@ncmail. net>
Organization: NC DENR
To: Pat McClain <Pat.McCl ain@ncmail. net>
CC: Chris Hite <[e-mail]>
Pat, there are two ways he can reduce his bond.
The first (the easiest) is to compare his approved mining area to the actual
disturbed area at the site. If he has not yet affected all of his approved
disturbed (and bonded) area, he can submit a modification request - which
would include a revised map that reduces his bonded area to the currently
disturbed area at the site and a letter explaining such. Then, we could
recalculate his bond and allow him to replace the current one with a smaller
one. Of course, if he wants to eventually disturb all the areas he has been
approved to disturb on the approved mine map, then this probably won't be an
option.
The second would be to grade and provide a permanent ground cover on any
inactive, mined areas. This could be a problem this time of year. We won't
be able to remove these areas from the bonded acreage until such ground
cover is established. If and when it is, we could recalculate his bond and
replace it accordingly. This area would remain under the permit, but not be
considered reclaimed, buffer area (not to be disturbed in the future without
a modification).
Does this response answer your questions?
Thanks. TD
Pat McClain wrote:
> Tracy:
> The NOD is going out today. Because I spend s0000000000 little time in
> the mining program, what would be the procedure for Mr. Rogers to reduce
> the affected acreage at pit #2. He wants to maintain the permitted
> acreage. Presently, he is bonded far 19.8 affected ac. Would there be
> a fee for this modification? If yes, how much?
> Pat
Tracy E. Davis, P.E. <TMc, ,[e-mail]>
State Mining Specialist
Division of Land Resources
F
NC Dept. of Environment and Natural Resources
1 of 2 12/06/01 4:49 PM

Re: Rogcrs.Pit i#2 - Beaufort Co. • .
Subject: Re: Rogers Pit #2 - Beaufort Co.
Date: Wed, 05 Dec 2001 16.03:22 -0500
From: Tracy Davis <tracy. davis@ncmail. net>
Organization: NC DENR
To: chris hite <[e-mail]>
CC: Pat McClain <Pat. McClain@ncmail. net>
On Pit #2, if there is absolutely no further reclamation needed to
release the site, then I would not send an NOD (because there would be
no deficiencies in the Operating or Reclamation Conditions of the
permit). We would just wait and see what happens with the bond. If the
bond is canceled, then the permit for Pit #2 would be automatically
revoked by statute and no mining could take place in the future. We
would also use the bond cancellation, the revocation of the permit, and
the fact that the site is releasable to go ahead and formally release
the site with our standard release letter. It probably wouldn't hurt to
ask Ms. Rogers if she could go ahead and request release of Pit #2 now,
to make things easier. *This would also reduce the amount of bond she
would need to replace the canceling bond (she would just bond Pit #1),
especially if she doesn't need Pit #2.
If Pit #2 has even a small amount of reclamation needed to be
comfortable for release, then the NOD should be sent. This will allow
us to show a Judge that the bond may be needed as there is some
reclamation required/outstanding at the site.
Hope this helps. Thanks. TD
chris. bite wrote:
> Hey 'Tracy. Soon Pit #2 does an NOD need to be isswed even if the
> site hasn't been touched in association with the existing mining
> permit? (Sorry, I interchanged NOVfor NOD. I meant to say NOD.)
> Perhaps we would rather be safe than sorry by issuing the NOD.
> - Chris
> Tracy Davis wrote:
>> Thanks, guys. As both pits are under the bond and neither is
>> currently
>> releasable, the bond will definitely have to be replaced before
>> cancellation
>> (or we will be forced to forfeit it before it's canceled). Pat,
>> your
>> inspection reports and associated NODS far both sites spelling out
>> what is
>> needed to close each site should be suf cient for Chris to document
1 of 4 12/06/01 6:3 8 AM

Re: Rogers Pit #2 - Beaufort Co. .
>> the
>> liabilities at each site (and give the Rogers proper notice under
>> the
>> statute). If you think that the NODS are not enough to get the
Rogers'
>> attention (and you may want to refer these sites later for
>> enforcement = CPA),
>> then you may want to go with an NOV My recommendation is to stick
>> with the
>> NODs as they are more timely and give deadlines for compliance as
>> well.
>> Just my two cents .. Thanks to both of you for your work on this!
>> 'Tracy
>> Pat McClain wrote:
>> > Oh well, guess I have to depart early again one day to inspect
>> this site
>> > on the way home. Actually, Pit #I is not reclaimed, there are
>> > stockpiles and the slopes are not at the proper angle. I thought
>> it odd
>> > that only #2 was in jeopardy, but..... Reclamation of #2 would
>> only
>> > require ground cover, # I is a totally different situation. Take a
>> number.
>> > chris hite wrote:
» >
>> > > (Chime in Tracy, if I don't get this one quite right. This
>> inspection
>> > > was in response to a bond cancellation notice.)
» »
>>> > Hey Pat. An NOV is required if land disturbance associated with
>> the
>> > > permitted mining activity has not been reclaimed in a manner
>> > > consistent with the reclamation conditions of the permit. Do
>> you know
>> > > if this site is in the same condition that it was in at the time
>> that
>> > > it was permitted? If so, I would say that the permiteee should
>> not be
>> > > required to perform any reclamation activities and an NOV would
>> not he
>> > > necessary. (Is that right, Tracy?)
» »
>> > > On more thing, Pat. I spoke with Mrs. Rogers just this
>> morning. In
2 of 4 12/06/01 6:3R AM

Re: Rogers Pit #2 - Beaufort Co. • .
4
>> > > order to answer her questions, I dug into our files and
>> discovered
» > > that the bond being canceled is also tied to the Rogers Pit # 1
» site
>> > > (07-32). I apologize for not catching this before. It's one of
>> those
>> > > situations where the original bond has been bumped up in amount
>> on
>> > > several occasions, and I didn't realize that it was covering two
>> > > permits until I untangled the various modifications. We have to
>> > > inspect the Pit #1 site, as well, in response to the bond
>> cancellation
>> > > notice. Again, I'm sorry if you are going to have to make a
>> special
>> > > trip.
>> > > By the way, Mrs. Rogers is having difficulty finding an
insurance
>> > > company that will bond a mine site, but she is trying to replace
>> the
>> > > bond and is aware of her deadline. She also plans to explore
>> the
>> > > Assignment of Savings Account and Irrevocable Standby Letter of
Credit
>> > > options through the bank.
>> > > - Chris
>> > > Pat McClain wrote:
» »
>> > >> Chris:
>> > >> i inspected the referenced yesterday (1214101). No mining has
>> taken
>> > >> place. The only activity is the cleaning of mist. debris. The
>> site
>> > >> could readily be used for farming. It is currently barren. Do
>> we send
>> > >> NOV for reclamation and require seeding? or let it go? The
>> site is
>> > >> tabletop flat.
>>>>>Pat
» »
3 of 4 12106/01 6:38 AM

Re: Ro�era Pit 42 - Beaufort Co. •
i
Tracy E. Davis, P.E. <Tragy.Davis ncrnaii.net>
s Slate Mining Specialist
Division of Land Resources
s NC Dept. of Environment and Natural Resources
4 of 4 12/06/01 6:38 AM

Rogers Pit #2 - Beaufort Co. 0
Subject: Rogers Pit #2 - Beaufort Co.
Date: Wed, 05 Dec 2001 13:35.05 -0500
From: Pat McClain <[e-mail]>
Organization: NCDENR
To: Chris Hite <chris. hite@ncmai 1. net>
Chris:
i inspected the referenced yesterday (12/4/01). No mining has taken
place. The only activity is the cleaning of misc. debris. The site
could readily be used for farming. It is currently barren. Do we send
NOV for reclamation and require seeding? or let it go? The site is
tabletop flat.
Pat
1 of 1 12/05/01 3:04 PM

RANSMISSION VERIFICATION REPORT_#
TIME : 11/26/2001 18:30
NAME : GARDNER
FAX : [phone]
TEL : [phone]
DATE DIME 11 / 26 18: 28
FAX NO./NAME 82529753716
DURATION 00:02:28
PAGE(S) 07
RESULT OK
MODE STANDARD

NCDENR
North Carolina Department of Environment and
Division of Land Resources
Land Quality Section
Charles H. Gardner, P.G., P.E.
Director and State Geologist
FAX
To: Mr. Floyd R. Williams, C.P.G., P.G., C.P.E.S.C.
Of: Washington Regional Office - Land Quality Section
Fax: [phone]
Voice: 252-946-6481
Pages: 6 including cover sheet
Date: November 26, 2001
Comments:
Natural Resources
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Please note the attached bond cancellation notice for Rogers Nursery & Landscaping Inc.'s
Rogers Pit #2 Mine (Beaufort County, Permit No. 07-36). This notice was received in this
office on November 14, 2001. The effective bond cancellation date has been set at
February 24, 2002. Please inspect this site as soon as possible, and no later than
December 7, 2001, to determine compliance with the reclamation conditions of the permit. If
deficiencies in reclamation of the site are noted, please issue a Notice of Deficiency with a
30 day compliance deadline (to ensure a compliance inspection well before January 24,
2002). Thank you.
From: Chris Hite
Land Quality Section
Telephone: [phone]
Fax Number: [phone] or
[phone]
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer - 50°% Recycled 110°% Post Consumer Paper

( Kemper.
Mauranee Campaniae
CANCELLATION NOTICE 11/06/2001
Certified/Registered Mail Number: 7001 1140 0001 9737 4665
OBLIGEE: STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH & NATURAL RESOURCES
1601 MAIL SERVICE CENTER
RALEIGH, NC 27699-1601
PRINCIPAL:
SURETY:
PRODUCER
ROGERS NURSERY & LANDSCAPING, INC.
762 WHOOTENTOWN RD
WASHINGTON, NC 27889-0000
NOV ¢zoos
AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY
4805 LAKE BROOK DRIVE
GLEN ALLEN, VA 23060
COMMONWEALTH SURETY ASSOC
1804 STAPLES MILL ROAD
RICHMOND, VA 23230
TYPE OF BOND: BOND PURSUANT TO THE MINING ACT
REASON FOR
CANCELLATION: SURETY'S REQUEST
PRODUCER CODE NUMBER:
84-1302
The undersigned Company executed Bond number 3SE 907102-00 effective 02/24/1997 on behplf of ROGERS
NURSERY & LANDSCAPING INC. in your favor and hereby notifies you that it does hereby cancel said Bond
effective 02/24/2002.
This notice is given to you in accordance with the cancellation provision in said Bond.
SURETY: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY
CATHERINE R. MORAN, Attorney -in -Fact
FK 0256 (Ed. 04 96) Printed in U.S.A.

•
NCDENR
North Carolina Department of Environment and
Charles H. Gardner, P.G., P.E.
Director and State Geologist
Rogers Nurset-y & Landscaping, Inc.
:4-.4.'tonti.3n: Mr. Jimmy F. Rogers
Post Office Box 1667
Washington, North Carolina 27889
Division of Land Resources
Land Quality Section
November 26, 2001
Re: Bond Cancellation Notice for Rogers Pit #2 Mine
Permit No. 07-36
Beaufort County
Pamlico River Basin
Dear Mr. Rogers:
Natural Resources
Michael E. Easley, Governor
William G. Ross, Jr., Secretary
We have received notice from American Manufacturers Mutual Insurance Company of their intent
to cancel your bond effective February 24, 2002.
As a surety is required to maintain the validity of the mining permit, please arrange to substitute this
bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable
standby letter of credit form, any of which may be used to replace the existing surety.
Please be advised that until all final reclamation work is completed, the site is totally reclaimed and
has been formally released by this Department, a bond must remain in full force and effect.
Should we not receive evidence of a replacement bond by Jenuarv_ 24_ 2002, we shall have no
choice but to seek injunctive action against your corporation and/or forfeiture of the bond to ensure
reclamation of the mine site.
G. S. 74-50 of The Mining Act of 1971 requires that a sufficient bond remain in full force and effect
for the permit to remain valid. Should the bond not be reinstated or replaced by Januacy 242002, the
mining permit will be automatically reyoked as per G.S. 74-50(c). Thus, any mining activities conducted
at the site after this date will be considered mining without a permit and subject to enforcement action.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-733-4574 / FAX: [phone]-
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer paper

•
•
� ►�S 1•• � 11 1�1 1.��1
Rogers Nursery & Landscaping,
F]
Please contact this office at [phone] should you have any questions on this
matter.
Sincerely,
Chris Hite
Assistant State Mining Specialist
Land Quality Section
Ich
Enclosures
cc: Mr. Floyd R. Williams, C.P.G., P.G., C.P.E.S.C.
American Manufacturers Mutual Insurance Company
Attention: Ms. Catherine R. Moran, Attorney -in -Fact
4805 Lake Brook Drive
Glen Allen, Virginia 23060
IN

a 0 •
915l96
(As per G.S. 74-54(a): the bond can only be cancelled after 60
days written notice has been given to both the Department and the
Operator; as per G.S. 74-50(c), the permit is automatically revoked
if the bond is not reinstated or replaced by the Operator within 30
days after notice of the lapse/bond cancellation notice)
'� OF i�T" �l„ANCELLATICQN BY
WITHIN I_CALENDAR DAY OF -RECEIPT �� �: °OTIC�.E
LOS
1. The LQS Central Office staff checks the mine and bond files to
determine the need for replacement of the bond or release of
the site
2. If the site is not releasable and a replacement bond has not
yet been received, the LQS Central Office staff sends the
standard bond cancellation letter to the Operator confirming
the effective date of cancellation -- SEE ATTACHED BOND
CANCELLATION LETTER SHELL
3. The LQS Central Office faxes the notice of cancellation, along
with permit numbers of the sites affected by the cancellation,
to the Regional Engineer
�M • • • _ • a
•
4. The Regional Office staff performs a site inspection of all
sites affected by the bond cancellation to determine
compliance with the reclamation conditions of the permit
5. If deficiencies in reclamation of the site are noted,
especially "concurrent reclamutio::, " the Regional. Engineer
issues a Notice of Deficiency (NOD) citing the reclamation
conditions that are not being met along with the required
corrective actions (as per G.S. 74-56) - SEE ATTACHED NOD
SHELL
6. The NOD is sent certified mail to the Operator and gives him
30 days from receipt of the NOD to correct the reclamation
deficiencies at the site (as per G.S. 74--56) or to replace the
bond.

IJ
•
-2-
7. The Regional Engineer sends the LQS Central Office staff a
copy of the NOD return receipt card (as soon as the RE
receives it) so the deadline for reclamation/bond replacement
can be established.
a. The LQS Central offce, upon receipt of the copy of the green
card noted above, sends a separate "notice" to the Insurance
Company advising them of the deficiencies at the site and the
deadline for compliance (this is the notice we have to give to
the Insurance Company so that we have a clear right to forfeit
the bond later) - SEE ATTACHED NOTICE TO INSURANCE COMPANY
SHELL
AN
t•Ti�F�ii�T•I :1 a[�f�►:4ri�•7`�
•
** If the bond has not been reinstated or replaced, all mining
permits to which it pertains are AUTOMATICALLY REVOKED! Any
further mining at the site (s) will be considered mining
without a permit and subject to enforcement action.
WITHIN 40 ENLAR D YS OF RECEIRT OF THE NQTTQE QF QANCELL&TION BY
LQS-:_
9. As soon as the NOD deadline passes, the Regional Office staff
inspects the site(s) to determine compliance with the
reclamation conditions (mainly for complete reclamation of the
site (s) if the bond is not going to be replaced)
W 10. If the Operator has not co.mN.Ieted the corrective actions, -,,by
the deadline, the LOS Central Of. ice calls the Operator and
Insurance Company and inquires as to whether or not the bond
will be reinstated, if the Operator intends to reclaim the
site, or if the Insurance Company intends to initiate
reclamation on the Operator's behalf (to prevent forfeiture of
the bond)
WITHIN 45 Q LENDAR DAYS OF RECEIPT -OF -THE �IQTJQE OF CANCELLATION BY
LO,:
11. If no immediate acceptable resolution to the matter is
reached, the LQS Central Office staff refers the matter to the

0
0
Attorney General's Office for initiation of bond forfeiture
proceedings (filing documents in court) so that cancellation
of the bond will be stayed (other enforcement action such as
civil penalties and/or injunctive relief may also be taken)

A F
NCDENR =
North .Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Charles H, Gardner, P.G., P.E.
Director and State Geologist
Rogers Nursery & Landscaping, Inc.
Attention: Mr. Jimmy F. Rogers
Post Office Box 1667
Washington, North Carolina 27889
November 26, 2001
Re: Bond Cancellation Notice for Rogers Pit #2 Mine
Permit No. 07-36
Beaufort County
Pamlico River Basin
Dear Mr. Rogers:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
We have received notice from American, Manufacturers Mutual Insurance Company of their intent
to cancel your bond effective February 24, 2002.
�. .As a surety is required to -maintain the validity -of the mining permit- please -arrange to substitute this
bond.. - I am -enclosing another surety form, an assignment of savings account form -and -an irrevocable
standby letter of credit form, any of which may be used -to replace the existing surety. -
Please be advised that -until all final reclamation work is completed, the site is,totally reclaimed and
- has been. formally°released by this -Department,' a band must remain, in:full force and, effect, -
-:Should..we not receive evidence of a replacement bond by January 24, 2002, we shall have no
choice -but .to seek injunctive action against .your corporation- and/or forfeiture of -the bond to- ensure
reclamation of the mine site.
G. S...74-50 of The Mining.Act-of 1971 requires that.a sufficient bond remain in full force and effect
for.. -the permit to remain valid. Should the -bond not be reinstated or replaced by Jinua[y24, 2002, the
«mining permit will be automatically revoked as per G.S. 74=50(c). Thus,. any mining activities -conducted
-,_.at the site after this date will be considered mining without a permit and subject to enforcement action: - ..
1612 Mail Service Center,. Raleigh, North Carolina 27699-1612.919-733-45741 FAX: [phone]
.512 North Salisbury Street, Raleigh, North Carolina 27604.
_ _ _- An Equal Opportunity 1 AHirmative Action Employer.- 501/6 Recycled 110% Post Consumer Paper
_ 5

L:1;7j91dF*_ ►1 G 11w 1 " 61KE ITIIl
li•�-kgmpqlm• .• •
0
2
Please contact this office at [phone] should you have any questions on this
matter.
Sincerely,
ale,
Chris Hite
Assistant State Mining Specialist
Land Quality Section
Ich
Enclosures
cc: Mr. Floyd R. Williams, C.P.G., P.G., C.P.E.S.C.
American Manufacturers Mutual Insurance Company
Attention: Ms. Catherine R. Moran, Attorney -in -Fact
4805 Lake Brook Drive
Glen Allen, Virginia 23060
ru
Ln
V4
rn
M Postage $
r
-0 Certified Fee postmark
r_3 Here
Return Receipt Fee
N (Endorsement Required)
C3 Restricted DeS11erY.Fee
13 jErFjorsement Required)
C iotAt postage 5 Foee
Q o be completed by rrraller)
-T Name (Please Print Clearly) (t ..
Sfreel, Apt. No.; or PO Sax No.
+ �Ity sfs�a, Z1�4
r-

North Carolina Department of Envi
and Natural Resources . .
Division of Land Resources
Land Quality Section
P.O. Box 27687
Raleigh, N.C. 27611-7687
1740-7401
171
MS CATHERINE R MORAN
ATTORNEY -IN --FACT
4805 LAKE BROUK DRIVE
GLEN ALLEN VIRGINIA

((K: em��p�* ies 0
Inaurartce Compan
CANCELLATION NOTICE
Certified/Registered Mail Number.
V
11 /06/2001
7001 1140 0001 9737 4665
OBLIGEE: STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH & NATURAL RESOURCES RE
1601 MAIL SERVICE CENTER uOv
RALEIGH, NC 27699-1601 4 2001
PRINCIPAL: ROGERS NURSERY & LANDSCAPING, INC.
762 WHOOTENTOWN RD
WASHINGTON, NC 27889-0000
SURETY: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY
4805 LAKE BROOK DRIVE
GLEN ALLEN, VA 23060
PRODUCER: COMMONWEALTH SURETY ASSOC PRODUCER CODE NUMBER:
1804 STAPLES MILL ROAD 84-1302
RICHMOND, VA 23230
TYPE OF BOND: BOND PURSUANT TO THE MINING ACT
REASON FOR
CANCELLATION: SURETY'S REQUEST
The undersigned Company executed Bond number 3SE 907102-00 effective 02/2411997 on behalf of ROGERS
NURSERY & LANDSCAPING, INC. in your favor and hereby notifies you that it does hereby cancel said Bond
effective 02/24/2002.
This notice is given to you in accordance with the cancellation provision In said Bond.
SURETY: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY
&Qi4t� / ww-�
CATHERINE R. MORAN, Attorney -in -Fact
FK 0266 (Ed. 04 96) Printed in U.S.A.

0 40

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ssx.YxWOD
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JAIIATIN

NORTH CA OLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DiviSION OF LAND RESOURCES
March 12, 1999
Mr. Jimmy F. Rogers
Rogers Nursery & Landscaping, Inc.
P.O. Box 1667
Washington, North Carolina 27889
RE: Permit No. 07-36
Rogers Pit #2 Mine
Beaufort County
Pamlico River Basin
Dear Mr. Rogers:
Your recent request to have the above referenced mining permit
modified has been approved. The- -modification is to add 12.84 acres
to the permitted area and to add 1 1.34 acres to the affected acreage
as indicated on the mine map updated January 19, 1999. 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.
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 23.7 acres
and the amount of land you are approved to disturb is 19.84 acres.
LAND QUALITY SECTION (91 9)733-4S74 FAX [phone]B76
GEOLOGICAL SURVEY SECTION [phone] FA% [phone]
P.O. BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE [phone] FAX [phone]•
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER\

Mr. Rogers
March 12, 1999
Page Two
Please review the modified permit and advise this office at [phone]
should you have any questions concerning this matter.
Sincerely,
Tracy E. Davis, P.E.
State Mining Specialist
Land Quality Section
TEDltls
Enclosures
cc: Mr. Floyd R. Williams, P.G.
Ms. Barbara Rate-WRC, wlenclosures
Mr. Bradley Bennett-DWQ, wlenclosures

•
•
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Rogers Nursery & Landscaping, Inc.
Rogers Pit #2 Mine
Beaufort County - Permit No. 07-36
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity"and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

. . • Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: if another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
March 12, 1999: This permit has been modified to add 12.84 acres to the permitted area and
f� to add 11.34 acres to the affected acreage as indicated on the mine map updated January 19,
i} �1999.
Expiration Date
This permit shall be effective from the date of its issuance until March 21, 2007.
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:

Cl
. Page 3
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
Management Commission. It shall be the permittee's responsibility to contact the
Stormwater Section, Division of Water Quality, to secure any necessary
stormwater permits or other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area,
3. A. Sufficient buffer (minimum 20 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.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
Q� or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
intern I to said excavation.
a*c-k OL/¢ti 51,51
5. All aaiai�boundaries RB-7-acres) shall be permanently marked at the site on
100 foot intervals unless the line of sight allows for larger spacing intervals.
6. 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 ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.

•
. Page 4
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum of 20 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
irl�=i71mi ..
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste Management.
No petroleum products, acids, solvents or their storage containers or any other
material that may be considered hazardous shall be disposed of within the
permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining -Act of 1971):
1) on -site generated land clearing debris
2) conveyor belts
3) wire cables
4) v-belts
5) steel reinforced air hoses
6) drill steel
/ D. If mining refuse is to be permanently disposed within the mining permit
J boundary, the following information must be provided to and approved by the
Division of Land Resources prior -to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established.
11. 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.

• • Page 5
12. 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.
13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $15,000.00
surety bond ($11,900.00 of which is required for this site) 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.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

0 0 Page 6
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:
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,
likely to become noxious, odious or foul. .
6. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the Korth Carolina Agricultural Experiment
4 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.
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed.

C1
Page 7
D. No contaminants
disposal of waste
through D.
shall be permanently disposed of at the mine site. On -site
shall be in accordance with Operating Condition Nos. 10.A.
E. The affected land shall be graded to prevent the collection of noxious or foul water.
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding pecifications
Dates Species Rate,_ hS cre
February 15- April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October 25 Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 1 0
Lime- 2000 Ibslacre or follow recommendations from a soil test.
Fertilizer- 1000 Ibslacre 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 Ibslacre and anchored appropriately.
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.
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 cam within two years of.compl tion or termination of mining.
,41 �acB5 �sM
�.�� This rfii`t, issued March 21, 1997 is hereby modified this 12th day of March, 1999
pursuant to G. S. 74-52.
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

•
Ll
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 28, 1999
MEMORANDUM
TO: Tracy Davis, P�
State Mining Specia�igt
FROM: Pat McClain Wineer
Assistant Regional
Washington Region Office
RE: Comments on Perylt Modification Request
Rogers Pit #2 07-36)
Rogers Nursery & Landscaping, Inc.
Beaufort County
2971;/1999
The referenced modification request was received in this
office on January 28, 1999. Attached are 2 copies of the
application and the fee for the modification review ($100.00 on
Rogers Nursery & Landscaping, Inc. bank check #2750). I have
retained two copies for our use and files.
I have reviewed the application and have no comments.
No mining activity has been undertaken within the permitted
area since the permit was issued on 3/12/97. The total permitted
area will be 23.7 acres.
The site conditions have not changed since issuance of the
original.

DATE TO ASSISTANT
LOGGED IN
DATE 10SUSAN z`/ ` i5
a
t MINING CHECKLIST FOR ROUTING
Qj'" �Y
E �� rT
1C+SL
Company �' �c � ��, Project Name �
Permit No. 07-3r County 4 Per Date Received
Reviewer' 1,
Please make copies of check to include with Central Office and
Field Office files and log in checks.
* ❑ New ❑ Renewal Modification ❑ Transfer ❑ Release
❑ Additional Information ❑ Fee Needed
EFee Received: Amount /40
Please route to:
�W+l► Field office
IDS
r ❑ Wildlife Resources Commission
Date Routed 1 zd�- 7
Date Routed
* ❑ Archives and History Date Routed
❑f
Other: W r ham- � Date Routed
Suspense Date for Comments: Z' Z9 -r7 (Date received +30 days,
not on weekend)
❑ Please note the following:
*SUSAN: Please make file and return Checklist and file to Reviewer
0
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

is
,L rn ROGERS NURSERY & LANDSCAPING, INC. 2750
t:.
JEAN, JIM AND THOMAS ROGERS
O� PH. 252-946-7345 FAX [phone]
762 WHOOTENTOWN RD. P.O. BOX 1667
07 : ' WASHINGTON. NC 27889 f
10 / f<� 02
19/ 68-717212531
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I

0
January 19, 1999
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping, Inc.
P.O. Box 1667
Washington, NC 27889
ATTENTION: Land Quality Section
Tony Samples
SUBJECT: Modification for Rogers Pit #2 (07-36) Mining Permit
Rogers Pit #2 is requesting permission to add 12.84 acres of adjoining land to existing
mining permit #07-36. Please note that no new land owners join this property.
This modification of the original Rogers Pit #2 permit will not invoke any of the 7 denial
criteria as set forth in G.S. 74-51 of the act because all circumstances are still the same as
when the original permit was granted.
Thank you,
Jimmie F. Rogers
DBA Rogers Nursery & Landscaping, Inc.
P.O. Box 1667
Washington, NC 27889
252-946-7345

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ROGERS NURSERY & LANDSCAPIIN,-TNT
Jean, Jim, & Thomas (946-7345)
762 Whootentown Rd., P.O. Box 1667
Wi6h --NC-- 2-7989

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT`, IIEALT11,
AND NATURAL RESOURCES .
LAND QUALITY SLCTION
APPLICATION FORA MINING PERMIT.
(PLEASE PRINT OR TYPE)
1. Narrtp of Mine ��2�C7�?s' 1''� i"� County I. FDR7r
2. Name of Applicant* /SI3 el-Eks/VURsex It Lly p za;gp/IU61 _ j71yc,
3. Permanent address for receipt of official mail**
ILLS t] //U6 h A/ I1/ C � 7 Fopf
{ + ` yr. ....L , {
K i Telephone"'` �,;,� /
A. Min ',Office Address Q' Ame 0_q . -tIE
reds -' � `{'•e� l - - �
Telephone oati_
ne Manager.z' 'I
qc{ .
hereby certify.,,that all details contained in-thisTermit ApPplication areArue andtca�rrect'to thb best
1y4­=of':our'kinowledge:,: We fully understand that any,willful misrepresentation of facts will bc.causelor,.%
R, {7rrupeirnata iocatiOR. 1'nl;. or !c { ^ ' ry{{.. et `r �, r r'
N�Ga4( NG�';
Signature- Date"'
7, } Print -Name //Il/YI/6' r D E
Title eC
IR rr +
;Thiswill lie, the name that the mining permit will be issued to and th'e name that must Ise indicafed on the
imatighsecurity that corresponds to this site.
4.1
** TheiLand Quality Section must be notified of any, changes in the permanent address or Telephone number.
Signature of company officer required, :
provides that the Department shall grant dr de nyy an application for a permit withih`60 days of .
receipt of, a co np1 1�- application or, if a public hearing is , held, within 30 days following the heating and . the
filing of.`any. supplemental information required by the. Department.' All questions must be addressed MW all
r' required traps provided before this application can be considered complete. Attachradditid" sheets as
i1 !.
needed: IT ;0K
t
_ I ie

4
t
APPLICATION FOR A MINING PERMIT ;.
a NOTE; All of the follnwing questions must be thoroughly answered with regards to your mining
' operation for the intended lire of the mine. All responses mns be clearly conveyed on a corresponding,
detalled,mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer L11 of the following that apply: a
1. '!:a. If this is an application for a VIEW permit, indicate the total acreage ai the site to�.be coveted
by the permit this is the acreage that the "new permit" fee will be based t;l:son):_ N.1
Of this acres e, how much is owned and how much is leased?' Acres owned:Acres
` . leased:Property owner if leased:
: b. If this is an,application for RENEWAL'of a mining permit,;indicate the mining permit nu ber
and the total (overall) acreage covered by the existing permit, Mining'Perm No.;
Total permitted acres a his is the acreage that the ;'renewal",fee wall;be,5 :
as based upon): J 141
sc:..,_If this is an application for a MODIFICATION to a minin& permit, indicate the mining permit
s number' and the total (overall) acreagecove ed byi,the existing permit;' Mning Pei�mitk
No.: o-r- V. Total permitted acreage.. : �t
Does the modification involve acreage 1II the'pprevious�y. approved'petniitted boundary? '
Yes No ✓. If yes indicate the aerea a to'•be covered bythi odificatton"(this is 'the
acreage that the "major modification" fee wn1 'be.based gpon)*
�rti J i �,l�i.L�i., yy . �."•" �' . .._ `. •.,,- _ �k ti- r •. .. . . .fit ry , �' �, t 'r��� s .i'1.
.c i r z.,. 'M"SI Y'i� -, ,'. ., _ .` r:—S' - k• •,` �F F r - -� -
the modification involve. acreage outside the. previously'appioved ti rniitted boundary?
,; Yes ✓ No If Yg es 'ndicate the additional ac_ e4obe,covered'bYx
, 'this k=
r;modification• (NOTE: yyoumusf `eompltrte'g kof. Section -F. of this" application
tx"form'eniitled o-tification of Adjoining. Landowi ei:s)
�u '° Of this acreage to be added to the permitwill any F rtion of this acreage be affee�ted {disturbed,':'
< , ✓ '. ` "
• :� �', , z , ::' round cover removed) by the mining operation e i No (if na, a minor modificativn
ee'of $50:00 is required, despite the `undisturbed ;acreage. to be'added) :� If yes;Undicate-the
`t'acrr age to.be affected within the acreage to -be added to the ppeermit (the total acreage'fo be ed `
the permit is the acreage that the `"major modification" fee .5wW be.based upon):
' `If thi i an lication for ia.��' f, 1 1
_It
s s ap TRANSFER.of a miniri permit indicate the mining t umber
and the totalverall) acres vered .by the existing permit: ;Mining Permit 0�3. •.�
permitted acreage:h
fSEWTHE FEE SCHEDULE AT THE END OF ;THIS FORM FOR THE PROPER FEE; AMOUNT
TO=BE VAID_'FOR THE REQUESTED PERMIT ,ACTIONS) AND, CORR , SPONDING'`ACREAGE
NOTED ABOVE . r r �.
Indicate the approximate longitude and latitude in degrrees-minute�,s=seconds, `of the center of ,.mine
' site-, LONGITUDE (dd-mm-ss): 11 7 — 0 -- Quadrangle:: ` `
€`r LATITUDE (dd-mm-ss): - 3 5 - ---_ , r _-- fx• z �-
3 °_' Name of all materials mined: / C7PSt)/L.9k ISA!!1D

APPLICATION-FOIt A MINING PERMIT
4. ' Mining method: Hydrillific Dredge _�_ Front-end Loader & Truck Shovel & Truck% .
Dragline & Truck Self -loading Scraper Other (explain)
.5. ,,',a. Expected maxiiinum depth of mine (feet).`' rReference elevation:&Aw�AT
b. Expected average depth of mine (feet) IVUR5E _y
6. ^Has any area(s) at this site been mined in the'past? Yes. Now If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimed:
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted?
;L•c. Acreage of previously affected land at present site that has been reclaimed:- acres
(identify all areas on your mine map(s%.' '
•; , d. When and by whom was this activity conducted? ;
e, Do you wish to exclude any areas notedi m 6a or c 1rom `this.Ormst application?
Yes No . If yes, how much? =• acres (identify<all areas -on your mine; map(s)).
� 'r
2W
7. Present (pre -mining) use of the land (estimate'acreag f each):
f� y
'} Cro land` .3 acres FishlWildife,' p 8 'acres Pasture ©' acres Forestry. C�
acres �>
'Recreation _D_acres Other —j2—_aeres (Specify use:, S/ W4L nt
' f 8. ,;1'.-Proposed land' use after mining and reclamation has been compleGod (estimatefiarr a rfor'each):-
;Cropland' 6 acres Pasture Forestry _acres FishlWildiife(acres�iF
„acres
4 '� k Recreation .. 0 acres Other O acres (Specify use r_ ' ° _ �;
13
9. Numberof years for which the permit is* requested (lU'years maximum}
fi
4
3. S
Four.(4) copies of the county highway maps and four-:.(4) copies of all mine maps
and reclama_ tton .'
`� `" ` '�maps�;shall be submitted with each permit application k.
�, k
(� .' ,q eti J r t #;,ri. ,-.: ':-� ;' , � .:f Y, rr;.. .f .� 'rR �-
i A CA a 1 a f' Y 1 4 h q
Countyhighway maps may be obtained from= . `•f,} ,`,,��i'{uh,
�`''ioca`tibn. Department
,nv F .� rht ��•
State Highway Commission
t'Raleigh North Carolina 27602 +' f
' �' r • 3 , i
919).733-7600 ,
t r='
Clearly label and mark the location of your' mining operation en the county,.liighway, rtiaps.
� .•� '.fig '} C�• ' 't. Sn,' +� r � .}�,, a
� � � � -tea' ,'� _ r. � .'Jit,- f ` •7 7'y: ���� r, �,-
tti. r ` � 1`r ' 4, r�i rt. 3-. .. ' - � r�. h' •. _'i ' ��. � ',�3- :r �r 'i .,....

r
APPLICATION FOR A MINING PERMIT
2. ' '`.Mine maps must be accurate and appropriately scaled drawin s, -aerial
the All the
photographs or enlarged
be,clearly.labeled
..,:topographic maps of entire mine site. aspects of mine site must
on
the maps along; with. their corresponding (approximate) acreage.
As a reminder,
mining '
permits can only be issued for up to 10 years; thus, all inine4nd reclamation
maps. mast only
." .denote those activities that are intended to be conducted during the life of the
`All maps must be a scale sufficient minimum listed below)'to
mining permit.
clearly illustrate
of (see requirements
the following, al a minimum:
.
a. Property lines of the tract or tracts of land on which the proposed mining
activity is to be located
including easements and rights -of -way.
b. Existing or'proposed permit boundaries,
' ? c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones �both'undisturbed and 'tinexcavated).
a.
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
r g Outline and acreage of all temporary and/or permanent overburden disposal
areas:,
:h. Location and acreage of all processing pplants (processing pia its, may be_.dekribed , as. to location
and distance from mine if sufficiently far.removed).
.$ " i:' 'Locations and names of all streams, rivers and lakes.
,
Outline and acreage of all settling and/orprocessing _wastewater ponds.
.'Location and acreage of all planned and,6kisting-access roads and'on-sitelhaul
roaclg:
Location of
p lann and existing on -site. buildings ,
r,-
r�. Location and
� r .� �
dimensions of all proposed sediment',and erosibWcontrol°
measures
, , •, n c_ ,�
r, f,
`n, ... Location of 100 year flood
lain lintits and wetla &boundaries.
, f
o: of owners of record,
both publican private,' of 'all'adjoining
land:-
j{i ,::Names
Map legend:
1" Name of applicant
ti f� 2. Name of mine .,
a
3. North arrow --
$f County 1
5. - Scale
rV�Sy bols,uSed and names
s
=a.
-
,t corresponding
Date prepared and revised
:8. Name and title of person preparing map`
r�
"�`"
' t ! T`Y+
.7k .. �1t `! 4
F[Fk
t^
41♦r
,cis`
} ' ., - . •,
`; ��4
9t.4 1 .,,sae - a4,.
f scales must at a minimum, meet the following guidelines:
' •
))'Map
aF •r'y-
.. •'_ r
•��i7;
'u?4
? ST%.-y. .�'.
,4
4�
«'" F; PERMITTED ACREAGE MAP SCALE
rr
=- t' a " 0-99 A4.cres 1 inch = 50 feet
100-499 Acres 1 inch = .100 feet
ii " 500+•Acres 1 inch = 200 feet
o

�•�. � � .�
'�,
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,! ,

APPLICATION FOR A MINING PERMIT
A .;table/chart must he provided on the mine map that clearly lists the approximate acreage of
tail$ngs/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
' . majpr aspect of the mining operation that is proposed to be affected/disturbed during the, fife of the mining
permit. A table/chart siffi lar to the following will be acceptable:
1
ii
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
Wastepiles
n(
Processing Area/Haul Roads
l
Mine Excavation
Other}/,
K`
r
, $ , d�" 1. {�., .. i 'r - ,-• I {- • t) ,_ C` d - , i •
' Y zs!� �� =IN ADDITION TO THE ABOVE, .THE MAPS' -MUM ALSO. INCLUDE:. ANY ,SIT&'
_•`-"SPECIFIC 'INFORMATION THAT IS, PROVIDED IN -THE ANSWERS TO THE FOLLOWING `
QUESTIONS_ ' IN THIS -APPLICATION' '..FORK-'— LEASE , "'NOTE THE,,,.'ITALICIZED .'
, 'QUESTIONS/STATEMENTS THROUGHOUT.THE FORM). THIS APPLICATION.WILL NOT
°BI CONSIDERED, COMPLETE 'WITHOUT ALL RELEVANT'ITEMS BEING ADEQUATELY
7 ,ADD" RESSED 'ON THE MINE MAPS.,`,
i 4 .1 i �•r 5 Yy ` - - t ♦ r 1'`, 'Sr,+,:" �ru r'�:.
�I ;' < fy r .. • t , ;;'?ti, „ 4'
Ike. `xaL j+• - +1 a y�` .. :L'Y
14
V.
,l

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
,
1.'''`;:ti{ a.- Will the operation involve washing the material mined, recycling process water, or other waste
water handling'? Yes No If yes, brielly desenVd all such processes including, any
. e
chemicals to be used.
x,{
b.
ram:
Will the operat'on involve discharging fresh or waste water from the mine or plant?
Yes No�. Ifbriefly describe the nature of the;discharge and locate all
yes,
proposed discharge points (along with their method of stabilization) on your mine,map(s).
1,
M
• {E ��,
- tom'- , - �` '.+,
''
d,
�c Will any part of the proposed mine excavations} extend below' thelwater`3.hle?1 �� ,
. �
YesNo—...'If yes, do you intend to dewater the excavation(s)? Yew Now _. ; If yes,
what impact, if any, will mine dewaterin have on neighboring`fwells? Locate.all existing w9ells
on the mine maps) that lie•within 3UO�et'of the propased excavat:on`�aahea. Provide data to
support any conclusions or statements made. Indicate whether'the proposed inirie locale;I
served by a public water system or private wells ; y, f : ,, F �� ,
,r b z, i, ��. �� :.i9�FA A�2ouN� .�rr,2R0uM� /N� . ��iti�' SEk UED � �Y ���Pu 8�.1�;, , l •.
i, �: !•'� �'A I "f�' - • `a41 1�i..[• ,�j f;R,. 1 r �rl �, !1 �i• _
n �` R W R 7MS f) N p L�
�°y� , �,� � -? ii3' •�-.=44a,. y �'''i'�1 '? R g- y..
d*yl � _ ° ;'`'1" i, ���. �-tt.l 4 -'• : ,'' �6. > r': a -' v F7rys 'u' i, � �u e'. - 4 i��.' 1{ ti �� �:
d:' .'If the mine will extend below the water- table, what is the;`ppr�e-mining Tdepth (in feet) to the
+ F .seasonal high and low ground water tables? High _.._ft: .'Low. V ft.4 Whatjs. the'source
E'-'of this information? PERSoN- ogSR.YAriDll''
r
- € K
s. `�' ,• : t � rS �t `,Cur-,". i• . r t .,,, 1 •
:t e : If yot< answered yes to any of the above questions, 'provide evidence thatiyou have a plied; for
�,or obtained the appropriate water quality, permit(s) (i:e., rion-discharge;NPDFS, efc.from.,the
"Division of Environmental Management, Water Quality Section.
, F[. G �, ((��.. pp +c i" r, r .. r s:'�c y LA'S• 1 '
�tseH�,e��D�lou+r,oF /77�N T.
k
NoT
' Y= u:4,1'l-L �E PumP�D Gl�oCrc oNE T }
�A/v o/�Nb TtfER: PbND
,qq �fi t �/ /'y1 /��]�-(/+� %•�l 1 .■��-fir. ► 1 {� a
JI
�'' {,.,��'
..' t`r +.,�c• .�...�-.. _ _ .._� _ ._...-..:'-.. . � - - - .� ..-_—... .». __ .` - � __„-. �..,+....-.-..-._:.tom-- --� s..F' .,_ . -..» 1�' i

APPLICATION FOR A MINING I'LIOUT
2. a. Will the operation involve crushin TT or any other air contarninant emissions?
Yes No,�_. I1- yes, indicate evidericc that you have applied for or obtained an air
quality permit issued by the Division of Environmental Management, Air (,duality Section, or
local governing body.
b. How will dust from stockpiles, haul roads, etc., he controlled?
GV'f)7EX ah96'0111 uJ/ICN
I Describe in detail the chronological sNuence of land disturbing activities and reference the sequence
} : to the mine inap(s). Attach additional sheets as needed.
A S TR I P 71) P-qn � . r ry D IUE A� �F -TNi2 e Cr iY M7 _q
/NE' SFl tvZ �zz.rrNG S�oP�S fI ' irriN .
4. ,46�� Describe specific erosion control measures to be installed prior-6 land disturbing 'activities and
during mining to prevent offsite sedimentation (include specific:plans for sediment,, -and erosion
°x control for mine excavation (s), waste piles, access/mine roads and process areas%, and give a detailed
sequence of installation and schedule for maintenance of the measures. Locate and label all sediment
ID and erosion control measures on the mine map(s) and provide typical cross=sections%nstruction
R�. details of each measure. Engineeringdesigns and calculations shall be required when' needed to
-. ,justify the adequacy of any proposed measures, IV A
-7-
�iS .
!r
S.

APPLICATION FOR A MINING I'I RMIT
5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit
boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along
permit boundaries must be, at a minimum, tincxcavated buffers. Sitvtiv all btrf)er locations and
' widths on the "'line map ft). �
b.
How wide a buffer will be maintained between any land disturbing. activities within the permit
boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and
wetlands must be undisturbed. Show all buffer locations and widths on -the mine map(s).
/)/0 .,Y1qTUk"x 60/9 TT ea11R,5E_S 0 v4TL,q ri-bS,:,
• .
.Ji
d. _, ;� a..
Describe methods to prevent landslide or slope instability adjacent to adjoining permit'boundaries
a
1.z
during mining.
o?0 ' 94,'Flr�FR Ltd! 7W 3 Ta
x b;
. Describe other methods to be taken during mining to revent physical hazaid to any`neighboring
:r
..dwellin; house, public road; public, . commercial or industnal building from 'tarry mine
excavation. Locate all'such structures on 'the mine map .f they are: within 300, feet of airy
,,,
proposed excavation.
4
�C,q DES ANZ), 04 Fe1VC1JV&, Ili Z7;eUe;-LLReS-'
;Y
it) 7TVIN 306 ' ..Dre
..

•
•
AI'I'L[CATION FOR A MINING I'I;ItMIT
c. Describe what kind of barricade will be used to prevent inadvertent public access along any high
wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and
' . adequate boulder -barriers may be acceptable high wall barricades. A construction detail/cross-
section and location of each type of barricade to he med must be indicated on the mine rnap(s).
GATL= f9 T EI,I7P_19IVC F
:;`r d. Provide across -section on the mine maps) for all fill slopes (berms, wastepiles, overburden
. ' disposal areas, etc.), clearly indicating the intended side slope gradient; installation of any,
4 benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
�TTl�
e.;
' In excavation(s) of unconsolidated (non -rock) materials; speedy the angg`7e of all `cut slopes
o rs•
including specifications for benching and sloping. :Cross -sections for aR"cut sld ,&s:musrbe
provided on the mine map(s), n: k:
ryk'
jc
1
uf:
In hardrock excavations, specify ro sed bench width's aid }iei his in fedt.' Pr�ovlde 'cross-,
1� Y P po g
:sections of the. mine excavation clearly noong the angles of thefcut slopes;widths of all sgfety
.°:'benches and mine benches, and the expected maximum depth ofthe excavanon
Are acid producing minerals or soils present? 'Yes -No `How will'acid water pollution
:' S: from .the excavation, stockpiles and waste areas be controlled?

•
•
APPLICATION
FOR A MINING PERMIT
8. , . Describe specific plans (including a schedule cif implementation) for screening the operation from
;: public view such as maintaining or planting trees, bushes or other vegetation, buildin berms or other
measures. Show the location of a visual screening on the mine map(v) and provide cross -sections
througii all proposed berms or proposed spacings, ,sizes and species for tree plantings.
9.. Will explosives be used? Yes - No—�L. If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboring roperty from
flying rocks or excessive air blasts or ground vibrations. Locate the nearest
ofshe occupied
#u i structure(s) to the proposed excavation(s) on the mint; map and 'Wicate its-opprozimate distance to
the proposed excavation.
•., ti . 10� fuel tanks, solvents, or other chemical reagents be stored on site? Yes -
No ` `' ° . "Y yes,
,Will
f descrlbe these materials, how they will be stored and- method of containment
Yn�i case of 'spill.
` Indicate the locations) of all storage facilities on the mine maps) , ti
`
'
F]C � .-' (. Zit •:. - - - f s -
Y/3`
1 I., Are4any process'ng waste, overburden or other such mine, wastes. to be disposed of off=site?. '
in detail how will be'disposed.
• ' • Yes No If yes, describe what these wastes are and they
` Attach a separate site map(s) showing the location(s) of the disposal. area(s),
;'..Include tall
' ` . fSpeciflea tions for erosion and sediment control.
�{

Mw;
APPLICATION FOR A MINING PLRMI.1•
D. RECLAMATION PLAN,
1.'',;r 'Describe your intended, plan for the final rechunation and subsequent use of all affected lands and
shy,- indicate the generai'methods to be used in reclaiming this land. This iglnrmation must be'ilktstrated
.on a reclamation map and must correspond rdirectlY with the infnrnration Provided on .the mine
-}. map (s).
_i l �4Tla/d
F.
,
✓f^. t
J4_
- bra; � • � -' - �° r.
2. a. Is, an excavated or impounded body of water to be left as _a part'of the:"reclatnadon
Yes.,,. _ No' If yes, illustrate the location. ' the body,
{1) of water on.the tieclarriattan
map and provide a scaled cross-section(s) through.rhe prpposed`ody(s) ,of water. _ The minimum
average water depth must be at least fleet unless information is;provideti toisidicate that,a more
t. ,
shallow water body will be productiv and beneficial at this situ.= Will'the body(s);of,water be
stocked with fish? Yes No If yes, specify, species.
t . A 01 li ':: rDescribe provisions for prevention of noxious, odious or foul water collecting or, remai iing in
mined areas. Provide details and locations of any permanent water outlets on the, reclamation
{ map. r
fir[• -

fr '
Y
APPLICATION FOR A MINING: PERMIT
3.. ' Describe provisions for safety to persons and to ad) �►ining property in all
completed excavations in
' rock including what kind of permanent barricade wrll he
left. Consini tion details and locations of
all permanent heirricaeles Pnuvt he shovvir on the reclamation Wrap.
4
,
4. _, ' Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine
waste areas, including specifications forbenching. and sloping. Final crass -sections and'locations
for such areas must he provided on the reclamation map.
'
."
117,19 72FT 1A Zau
�evcLEa —Scamp
,
a*
4„
a: Describe reclamation of processing facilities, stockpile areas, and on -site roadways .,, ti
N.
"y
!�;
'
" ,t a �- ,fin � _ •• •
-
_
P�b. -Will any on -site roadways be left as part of the reclamation?,-' Yes
4.1 7`. 'yes,.
identify such roadways on the reclamation map and provide details on permanent-dl ' line
stabilization.
.. C
-12-
7

APPLICATION FOR A MINING 1'll"R 1IT
5. , Describe the method of reclamation of setlling bonds and/or sediment control basins
7. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables,
or other such waste products of mining. (Note definition of refuse in The Mining Act of'1971). No
off -site generated waste shall be disposed of on the mine site without priU written approval
from the NC Department of Environment, Health, and Natural Resources; Land Quality
Section and, either the Division of Solid Waste Management (DSWM) or local governing body.
Ifa disposal permit has been issued by DSWM for the site, a copy of said permit must be
attached t6 this application. All ter orary and permanent refuse d'Zitems
asaI areas must be clearly
delineated on the mine maps) and reclamation map, along ivith a list to. be disposed in said
.;areas. nrr�
8.* Indicate the method of restoration or establishment of any permanent drainage channels'to a',coridition
minimizing erosion,,. siltation and other pollution. Provide, design "ir}fomnation, ihcltiding .typical
cross -sections, of any permanent channels to be constructed as part of the reclamation plan. ,:7 icate
location(s) of all permanent channels on the reclamation neap: :>
f' +J
N ' 9. 4.�" Provide a schedule of reclamation 'that indicates the sequence of reclamation and approximate' time
, ,,, trafne. V reclamation is to be accomplished concurrent lIyy witk mining, then clearly indicate, on the
`mine maps) and reclamation map each segment that is tb be mined -and recta hed.during each year
' k ;of the permit. Add drawings showing typical cross -sections 'and final featunes"'of the proposed
reclamation. " t"
. 4 ' RIEC�AmArJVAl 7o 8E_ 6dcarnPl- COVe�,RK. N7kY
r. 1 -13-
IX' '

APPLICATION FOR A MINING PERMIT
10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre, The recommendations must include general seeding
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
lilllld signed by one of the following:
a Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment,
Health, and Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment, Health, and Natural Resources;
f. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre): cV000*1'I CRE ©I- 04!�' 011- o w
R6C0m fneiVZo9-noNS 9'&In A e5o/4 7-sr.
FERTILIZER - ANALYSIS AND RATE QF APPLICATION (pounds/acre): fOC IP1119 aeF
8•g�S' e'L �v �o- ra , or, F011-040 mmENZVtTioNs r,&In' A Sod L -reSr.
SEED - TYPE(S) AND RATE(S)
SCHEDULE (pounds/acre)*
FC$gdARy IT-
APRIJ. 1- Su Ly 3 I
AuGasr ► - Or m4ER aS
OF APPLICATION INCLUDING YFA&-RO ZLID SEEDING
Oe'm&R 45- FEBWAY I5
MULCH - TYPE AND RATE
ANCHORING: Al L SEE eb
C mi1v smgw hr A RAm oF-
dLejis
y LBs ACRE
66E L.Es PEDEZA
, o
&WJA G gASS
5U
WN rER RYE (GOM)
l.3
UMADN 6Ei?m u aA, \\
SO
LESPEDE�.✓7i 64fVSCARIFf'EQ
30
G-FRmAN M iLLET
RK 6(;001N- 7Em PaOA Y)
l ap
OF APPLICATION (pounds/acre)
AND METHOD OF
AREgS SNA,c1 8E M414-CNF'D
USIAle- al914
Q210 rr#/*RFS ^D . 19d V&fn
A66490R%,07Y4 y
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, treeslacre, spacing of trees/shrubs, etc):
Revegetation an reforestation plan approved by:
Signature
Print Name p
Title r I+' cal- ,17'
Agency .i2s-10A MI(S _
-14-
Date 1

t '
APPLICATION FOR A MINING PERMIT
E. 'DETERMINATION OF AFFECTED ACREAGE ANI) BOND
Theffollowing bond calculation workvheet i.v to be used to establish an appropriate bond (based upon a
rantgge o}'$500 to $5,000 per. affected acre) for each pennitted mine site"based upon the acreage approved
by.the Department to be affected during the life of the mining permit.
CATEGORY
Tailings/Sediment Ponds
Stockpiles
WastepAgs
Processing Area/Haul Roads
Mine Excavation
' ' l Other '911J--fFR
TOTAL AFFECTED AC.:
f }x
TemRay & Permanent Sedim+
F` Dividefthe TOTAL,AFFECTEL
e Ql Kectamatron (;05 r rvra t
AFFECTED RECLAMATION RECLAMATION
ACREAGE COST/ACRE COST
Ac.
X
$
IAc.
— $
Ac.
X
$
/Ac.
: $
'•
Ac.
X.
$
/Ac.
$ '
/ A 3�
Ac.
X
$ DO. DD
/Ac.
$Slo?'DIDO
1
AC..
1
r
'
ttion & Erosion
ControLMcastires�
abave into the follow' two'cate ones; ON affected acr' 416; t drain into
g
,propos.W. existing excavation and/or b) affected'acres that u1 _be,graded for.positive drainage, measures will
bee needed'to prevent offsite sediment.
'{ r:l. a .,.•'�tesnal Drains a /w f i ' Ac.
b) Positive Dra:nage Ac. X '$15001 Ac.
{:
OA—
SUBTOTAL COST:. $ 56'1D� DO .
_ram.: - t �,:,.::._.
0.02`
670?4.0 0
SUBTOTAL COST:
$ I l3. y D X Permit Life (1 to 10 years):
AL COST = SUBTOTAL COST +
;
TOTAL.RECLARATION BOND COST:'>3
iINFLATIt� N COST: ` $ /.3 ( Do
WFLATION COST
O �' 0 0'. O 0 °% f..
$ r. �.
(round down to the nearest.$1005.00),
-15-
( tt
; .0 1�
�# 0,'0

r
APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or afacsimile thereof, attached to this application must be sent certified or registered
mail to all landowners who are adjoining (contiguous to) the permit boundaries as Indicated on the
mine map(s). The only exception to the above is if another means of notice is approved in advance_ by
the -Director, Division of Land Resources. `
A Dopy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
Notice form (the Proposed overall permit boundaries and the names and locations of all owners
of record of land adjoining said boundaries must be clearly denoted on the tax map).
4
Thet"Affidavit of Notification" attached to this application must be completed, notarized and submitted to
the .Department, with the remainder of the completed application form, before the application will be
considered complete.
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS`:FOR NEW
MINING PERMITS A2JD FOR PERMIT MODIFICATIONS THAT,ADD ADJACENT
LAND TO A MIlVING PERMIT. ,
►U0
■ :;SEE THE NEXT TWO PAGES FOR THE "NOTICE": FORM AND THE "AFFIDAVIT'_ OF
NOTIFICATION"
.• �•* . .,. .,�r., <• �- any- .
' -1 ti- �.

•
NOTICE
t to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that .
has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a na surface mining permit ❑
(b) a modification to add adjacent land to an existing surface mining permit M
The applicant proposes to mine &ANb q- .7bA�rIL, on acres located
(Mineral, Ore) f um
of u1i H//_d�G Ta N/_ 1. Al _ C _ �7Jtff
(Miles) (Direction) (Nearest Town)
off/near road S L in �'EAU FD
(Road Number/Name) (Name of County
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
Qwners of record of land ad
Jolnin (conUpous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty {3 days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Depar, anent determine that a
si ficant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-clay comment period specified above.
A copy of the permit application materials are on file and available for public review duringnormal
business hours at the above listed address as well as'at the appropriate 'onal office. For further inormation
call (919)-733-4574. Jeagg note that - -
�AYF1V Po9--, CAUNrV M 991
A Jaox / oa 7
lt)ASIIACM121, NC .�2exy
(Addressee's Name and Address)
(Date of Issuance o this Notiee/Mailed to Addressee).
fl� �s tLu Pq a .L eNnsw r� . NC .
(Name o Applicant)
Po 1NCTbty 0 bL 7efq.
(Address of Applicanty
-17.

0
0
1 P 306 655 052
Lt
US Posts! SerAco
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for IntemattonW Mail See reverse
Sent to N _r A v EN fbR-r
St a[ & Number
Post Qtf State, A ZIP �� n
Posage $ - c 2
Certified Fee • n
Speay igi5ryi Fee L
1\S1�. 1.
tiiek ed desvgry Fee CIO
m $t>� Receiq .ShowiQg
WW�him�n &Qate'betiuefgd`
. Q Dates � lessee
n TOTAL" Postage 6 Fees
c
Postrn rk or Date
<L

0
•
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I, E , an applicant, or an agent, or employee of an applicant,
for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining
Permit, from the N.C. Department of Environment, Health, and Natural Resources, being first duly sworn,
do hereby attest that the following are known owners of record, both private and public, of the land adjoining
the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed,
by certified or registered mail, to said owners of record at their addresses shown below, such notice being
given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
--- -A107E : IV a NEW L'ofy ar ea A)m ,
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or
municipality in which the proposed mining site is located and that notice of the pending -application has been
caused to be mailed, by certified or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
_Zbnr EA) r 6;wiTV e &�X ioa 9. /J21S&11YSWN. AIC'-:1
The above attestation was made by me while under oath toprovide proof satisfactory to the Department
that a reasonable effort has been made to notif}} the owners ofrecordof the adjoining land and the chief
administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C.
5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing
that the above notices were caused to be mailed and to provide them to the Department upon request.
Date
If person executing Affidavit is an agent or employee of an applicant, provide the fgqll
own
g
information: (Name of applicant) A ! GM S y �C.9NDs !U ��G ; (title of person
executing Affidavit)
I, } 'Pj. !Sr+n{ad , a Notary Public of the County of B661-'-4rt ,
State of North Carolina, do hereby certify that O i m m �f. F • A!nef S
personally appeared before me this day and under oath acknowledged that the above Affidavit was
made by him/her.
Witness my hand and notarial seal, this ft day of 00-�QO-'y _ _ , 19 99
Notary
My Commission expires: 3-10-0
sr-1I

APPLICATION FOR A MTNTNG PERMIT
G. LAND FNTRV AGYRJ?1,MENT
We hereby grant to the Department or its appointed representatives the right of entry.and travel upori our
lands or, operation during regular" business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We' further grant to the Department or its appointed representatives the right to make whatever entries
on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in
order to carry but reclamation which the operator has failed to complete in the event a bond forfeiture- is
ordered pursuant to G.S. 74-59. t
LANDOWNER
APPLICANT
Signature
Signature
J
-i'a7� rn r o �, �S
"
Print Naive: OG . CName:Nr
P'S
Print 12 1' —dG ._
,4AA2 ;f('L
Address'r�o4X lbo
Title: �cc L)�� ;>Y
"
IU VU C %���
"• �'��N�St?P1'" TNC
r� ....
Com an y• 1�S
r - ... .
1
Telephone a
Mine Name:%7c-
1; *Signature"must be the same as the individual'who signed Page 1 of this application_ . s `
the ap jjM riate processing &g (see next page for fee schedule) in the form a check or.+money -order
�payable,to,the North Carolina Department of Environment, Health, and Natural Resources `must be.sent
to theSection,en 1 Offi at the address listed on the front cover of thCs application
Inguines''re aiding, -the status of the review of this application should be directdd to the Mining Prograt&ttaff
' at.(919)1=733-4574.
-19-

•
0
MINING .,
*A nonrefundable permit application procenaiT g fr;e it; required when filing for a new mining
parmi.t, a major I)CMIt. rr10difiCal:1011 0r a t-oriewal perinit as followot
�_
ACRES**
NEW PERMIT MAJOR RENEWAL
MODIFICATION
,Clay ' 1 but less than 25 $500 $250 $250
25 but less than 50 1000 500 500
50 or more 1500 500 500
Sand &. 1 but' less than 5
150 100 100
Gravex,`
.
Gemstone, .and 5 but less than 25
r..
250 100 .'`104 ', :. ".•,'
Borro, r' Pits
.25 but less than 50
500 250 500
�.
50 or mere
1000 t 500 50D " Oren aiw
p.f
M1y
f
Quarry,` 1 but lees than 10
250 - 100 100
`'•
,Induetiriai
fr
Minerals, 10 but less than 25
1000 250 500
Dimendion
'
Stone, P: 25 but less than 50
1500 500 500,
50 or more
2500 500 504
'
Peat &' 1 or more
2500 ,•500 5006'PS ;r1
• Phosphatt
a
Gold (Heap
h•, ;
Leash).; 1 or more
2500 500 5066, ,:'
'
Titanium
Othere�.
.,, r ,, - �•
•A nonrefundable $50.00 permit application processing fee is required
for minor permit modificatiod. Minor permit modifications include owneerg, n&me
changes, bona substitutions atid,permit renewals where the mine is inactive and folly stabilized. A minor permit modification also includes lsnds'addad to porntittad
arse, outaide'of the minimum permit buffer zone requirements, where no plans for. mining related disturbance of the added lands hays been appfaved..AU tither
r
changes are Considered major modification:
y
**Acres for am permits and renewal permits means the total acreage at the site. Acres for major rnodifuesdon of permits means that area of hsnd'affedWA by.the
modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both:
t.
....: �.
u ; 3194
�y

LAND OUALITY SECTION HEAD UARTERS
Frame M. Nevils, Jr., Y.E. James D. Size", P.O-,'IKE Chief Emar .` J ; WitGs�t R� Yrnson Sedius� Edtrea6en Coarirr - S?r01-00
_i
Sec�co Chid S. Craig Dal, P.E. State Sedimeit-Specis SpeeiaGt (919) 7334574 '
� .'
512 N. Salivary Street David H. Ward -'Axzistaft State Sew Speaalirt , r r FAX / t919) 733-2376
P. O. Box .27687 Tracy L Davis* P.E: - � ��g r � + 3 r F� S+eHtl�vit!
Ralah, NC 27611 Jody Wehner - Aasrssmt
-
Tony L SuWfe - Asaistsm State lsq SpeciaU We= -:Tread Se atsry -
-Dim
.>
Jsmes Y- L.." ;P k - State Safety Engineer Shy Lam - Sedsmem Damn
bdrarda Mmigg F -~ .. _
Jack H. Palmri. &.f.T - Aam& State Dam Safeq -SU"Eng-
rs
LANA'QUALITY SECTION REGIONAL OFFICES
SEE
RICHARD PHU11PS, P.E.
Mvoxsvaxae:
VACANT " :
.: waa-ros=
DODO MUM, P.E.
. _ ' . A .:.x�iiacH
JOHN HOMEY, P.E.
•
h attye Sldl.
919 North Mafia Strut
5W Wwwwo" Sum =
38W Barrett Drive
59 Woodfn Place
Mooreavr7le, NC 281Ii
W913to ',Salem, NC 27107
P. O. Box 27687
Asheville, NC 28801
-, - ,, ' .
Baleig3t, NC 27611
'
COURiF7t = 09-3S-Ol
MLRIER - 06-79-16
Comm - 13-21-08
'(410) 771-46W
DiTEROFF10E
{
(7C-i) 251.6208 - (52)
(704) 663-16" - (54)
FAX / [phone]
[phone] - (55)
FAX [phone]
FAX I' [phone]
FAX [phone]E
Alaamnce Allcghany Ache
Ave-. Buncombe Burke
Alexander Lincoln
Caswell Davidson Davie
Chatham . Durham Edgecombe
Cakes tll Cherokee Clay
Cabarrus MecurohwY
Forsyth , Gugford Rockingham
Franklin Gramae Halifax
ti
GnL= Haywood Henderson
Catawba Rowan
,
Randolph Stakes Sorry,
Johnston Lee Nash
1acix-v Macon Madison
Cleveland Stanly
Watanga Vrdkn Yadkin
Nordtampton Orange Person
M:Dcwell Mitchell Polk
Gaston union
.
Vance Wake
Ru=wKm-d Swain Transylvania
Iredell
Warren Wilson
Yanr_y
FAM IEVILLE
WILNMG ON
WASE NGIMN
JOE GLASS, P.E.
DAN SAMS, P.E.
FLOYD WHI]AMS, P.O.
•
Wscti-eia Bldg.
127 Cardinal Drive, Eat.
1424 Catorm Avemn
1
Su'r.: 714
Wilmington, NC 28405-3945
Washington, NC 273"
Fa+z=eville, NC 29361
COURIER - 16-E1-01
'
COt JER - 14-56-25
COURIER - 04-16-33
[phone] (56)
(91Cr 486-1541 (53)
[phone] (57)
FAX / (919) 9754716
FAX [phone]
FAX I [phone]
Beanfon Berlin Chowan
Amon Moutgomcry Scotland
Brunswick New Hanover
Camden
Cravetst . Dare . = GainB1adm
Moore
Carteru Onslow
Onxra Hertfawd .. Hyde Jc=s
Combu Land Richmond
Robeson
Columbus Peadtr
poplin '.
Lemir Miam. ; - _`:Patio
Pastltmttaaf..q�,,�,�m
�.. -
i' '.
uuHama
R� 4 - ., - A.
- - .. a • F
i, ' YC�^' ` S. m� )
'
.#;: ""i^•.R•�;1-..,sK,,""'�i Wa�-
-'!A
y " `-'?+:^'
F ' a•-,A`�.'ti ' •�<'
tom',-L-
7
:
r-•' •"0...
,Ja?yi
.Y' .•. �.,4... Y� .i
?'�'
I
REVISED 3M 1'
- .. _ - ... �. .. _-,-.. -r�eri, .Rrrix.T�i�k:,i L�kw x x•� h.f .e:: rt st�J`..'r -..7- .. _.,:u ......, ,.. «... _ -. ,-. v-t .--

:,SCHEDULE OF REC_LAMATION.COSTS
(based upon range or $•soo. - *5,Oop por affected nQrol
COMMODITY CODES: SG = Sand and/or Gravel, GO - Gemstone, Borrow =
' Borrow/till dirt, CS Crushed Stone, DO - Dimension Stone,
FS = Feldspar,
MI =., Mica, LI = Lithium, PF = Pyrophyllite, OL' =
Olivine, KY =
Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL - Clay/,Shale, PS Peat,
' AU = Gold, TI = Titanium, and OT = Other
go"a T/S Ponds S.piles W.piles P.area/H.R.
Mine Escay.
SG, GS`, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac.
$500/aa.(L)
Borrow 1500(FI)
2000(PD)
CS, DS, 500(L) 1800 2000 2000
500(L)
-FS, MI, 1500(FI)
2500(PD)
LI, PF,
OL, KY'
PH-, CL. 1000(L) 2500 5000 5000.•'
x- °2oaQ{L).'
��; 2500(FI)
5000 PD
PE, . AV, 1000 (L) 2500 3000 3500
2,000,(L)
,TI, OTC 2500 (FI)
,5000 (PD)
(L)'. .rrecjamation to a lake and revegetating sideslope8
'
-.'(FI) by filling in and revegetating
,!+',reclamation
:(PD) jwfre6lamation by grading for positive drainageand
revegetatingIN
' .�AS.'`.PER NCAC• 15A,5B.0003, IF YOU DISAGREE WITH THN.BOND'AMOUNT• DET I FNED°;BY'
�SGNDt CALCULATION WORRSHEET� ;YOU KAY SUBMIT . Ali, ZenHATE'OF �AECL'AMATION
" COST&t FROM ,A THIRR p_,,,ARTY_Q2KTARMR. SAID' ESTIMATE MUST BE
PROVIDED ATO; THE -
'FOLLOWING `ADDRESS Wn]gl N 30 -DAYS FOLLOWING , -YOUR'..- RECEIPT " OF THIS,_BOND
.` Mining Program*.-
'
Land Quality Section",'
P.O.Box 27687•
A. Raleigh, North Carolina 276'11
,4,„
JUST XNCLUDE E O OW
�1.,5. of -
. : �'. _ ..
.-. A• �"y
�1
�
FINAL GRADING COSTS PER ACRE
-.
-� LIME AND FERTILIZER COSTS PER ACRE
YEAR-ROUND SEEDING MIXTURE COSTS PER,% 'ACRE.
(FROW.,'-APPROVED
F` REVEGETATION PLAN IN APPLICATION PERMIT -DOCUMENT)
.`
y . MULC8 AND ANCHORING COSTS PER ACRE
ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH
THE'APPROVED
-RECLAMATION PLAN FOR THE•SITE IN QUESTION
_ YOU WILL BE NOTIFIED AB BOON AS POSSIBLE OF THE' DIRECTOR"S'
BINAL%'BOND'
DETERMINATION. 1o/I6/95
rC .. l,0000 copies of Lhis public document were printed at a cost of $56/.W or S.S6 per copy. J196
DEPARIVENI OF ENVIRONMENT REALTR AIM NATURAL RESOURCES
DAMON OF LAND RESOURCES - LAND QUALITY SECTION
^ ' _ • '
-22-
:.

Vol Mae
a■. ` yya<■. pa■anP;+
NI
i•y �l 'i �a
? %MAW RDA
.\� at,
r Y YDMB N1YDR �-'
s+ q a
,• .�,, Drotl O nv s -
i 0► ki 8
arms
DR N
:..t ry �'f.•: _ ' ■umco
:'r o- -, ►r1 .. � � ' � >, ,� fJY Gr3117 p� ; �• �~�
�slu ao
AilunWw o J'
` NO,I, HI :..:r.
•.Fci•�,��..-- a*Suns! a •' 'C.
jv
RFS RDA .. •'fir NO 0 YLiI
"_ rL: •• ■V°otl[IV '1`' V N3 h'M
Rao . i ',.:f.::',','1;-. � •' � 0 ,`
arGY N1nrmRlle rr:.: uiys,a,s q
Q& Urn
ttop
F✓ mi(jv
•�nIR HAVEN R � i• ,,0M11 won pk.
rh
SO • ..- _ � DrDy � M 11
q want NRE ROAD p.Ipj PLO
�o I
n � r p■aa■ra�
-
d S FY

F dim � ' �,;. -�q F ^%, N + ,•�:� � to
14,
Y•F^'- r}' r
fYr'� �` • _ � ca �.�I�atiq • �^ ., a��.hry,•g ;E _
all
�`".,', � � � � 6 �( •}c-�.'',1�� n •, �, ;i �,. Via, -� .
��i{r:. • i� � _ � � 7'�V%, "ems..-" 5 +- r w. i� ?+.
.mac +:. • _ R �L.�r�,i V ,..�� � �7� .r�T �, s
Jf s�r y' y r 'y1•
.. � i i • � - i - i � � - � �

201
R 0 C-T ER-S p r--*2-
!Y) , ry INC- P&-Rm rT -* 07- 36
q, 9 s he Res
!Y
�PPL I CRC . �SvG RS dtlk-SEKy
{�Ar'76- 4F IY7rrve .' lC06ER5
SC-,q/-E : 1- /6?0 `
-DgrE LPZR7VD 1-19-99
i3Y; -rHGin -S A G E a
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
wamtgdes
Processing Area/Haul Roads
Mine Excavation
�xl '"'fi
8so
i PROPQ3�D memFir.9so1V
I 11.3f
Other
..]
-
cmr ofSIL
WASFI�IGTON ,'
061
1 r'�
l
.G.32TO
FLYER '
WASHMTON
', TOWN OM
WJW:iFIGia1J PIS ."-°t
ay
AREA MAP

E

r7
State of North Cina
Department of EMF onment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles Gardner,-P.G., P.E.
Director and State Geologist
January 10, 1997
Mr. Phillip M. Reese
421 Whootentown Road
Washington, North Carolina 27889
Re: Rogers Nursery & Landscaping, Inc. Application for a Mining
Permit
Beaufort County
Dear Mr. Reese:
Thank you for your letter dated December 19, 1996 expressing your
concerns regarding the above referenced application.
Your concerns certainly deserve evaluation. Before a decision is
made to grant or deny the mining permit, concerns within the
jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy attached)
must be addressed. During the application review, site inspections
will be made and comments will be solicited from other agencies
regarding.the potential impacts to wildlife, air and water quality and
groundwater.
Please note, however, that zoning concerns, such as truck
traffic,'noise and property values, are not within the jurisdiction of
The Mining Act and are more appropriately addressed through the local
government.
Again, thank you for your letter. Your comments will be
incorporated into our review. If you have any additional questions,
please contact me at [phone].
Sincerely,
Ton L. Sample, C.P.E,S.C.
Assistant State Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: aj;.,Flo�g R. Williams, P.G.
Geologica ey Se on Land Quality Section Geodetic Survey Section
[phone] [phone] (919)733-3&36
FAX: [phone] FAX; 733-2876 FAX; 733-4407
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

State of North Qqjaina
Department of E nment,
Health and Natur Resources • •
Division of Land Resources
James B. Hunt, Jr., Governor � C
Jonathan B. Howes, Secretary C
Charles Gardner, P.G., P.E.
Director and State Geologist
January 10, 1997
Mr. Vernon W. Reese
102 Hemmingwood Drive
Durham, North Carolina 27713
Re: Rogers Nursery & Landscaping, Inc. Application for a Mining
Permit
Beaufort County
Dear Mr.. Reese:
Thank you -for your letter dated December. 27,`1996 expressing your
concerns regarding the above referenced application.
Your concerns certainly deserve evaluation.. Before a decision is
made to grant or deny the mining permit, concerns within the
jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy attached)
must be addressed. During the application review, site inspections
will be made and comments will be solicited from other agencies
regarding the potential impacts to wildlife, air and water quality and
groundwater.
Please note, however, that zoning concerns, such as truck
traffic,.noise and property values, are not within the jurisdiction of
The Mining Act and are more appropriately addressed through the local'
government.
To address your questions: 1) The access to the proposed mine is
along an existing farm road, no new access is proposed., 2) Mining
should have no impact on the cemetery, which exists off of the
proposed mine site., 3) The proposed reclamation of this proposed mine
site.will be as an irrigation pond. and 4) A reclamation bond is
required before a mining permit is issued. This bond must be in place
until the site is completely reclaimed or it will be used to reclaim
the site if anything happens to the company. The bond amount for this
site is $5,100.00.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] (9 T 9) 733-3836
FAX: [phone] FAX: [phone] FAX: [phone]
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

Mr. Reese •
January 10, 1996
Page 2
•
Again, thank you for your letter. Your comments will be
incorporated into our review. if you have any additional questions,
please contact me at [phone].
Sincerely,
Tony L. Sample, C.P.E.S.C.
Assistant State Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Floyd R. Williams, P.G.

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December 27, 1996
Vernon W. Reese
102 14emmingwood Drive
Durham, NC 27713
RE: MINING PERMIT
Rogers Nursery & Landscaping, Inc.
2.5 Miles East of Washington, NC
SR 1302 (Whootentown Rd.); Beaufort County
NC Department of Environment, Health, Natural Resources
Division of Land Resources
Land Quality Section
PO Box 27687
Raleigh, North Carolina 27611
Dear Sir/Madam:
DEC ft
3'
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VALI
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I am writing regarding the application for a surface mining permit made by Rogers Nursery &
Landscaping, Inc.. The applicant proposes to mine sand and topsoil on 9.85 acres adjacent to the
property owned by myself and other heirs of my mother, Emma Moore Reese.
I believe it would be in the best interest of surrounding homeowners and the neighborhood as a
whole that the request for a permit to mine be denied. As a father, uncle, land owner, and descendant
of the families that farm the surrounding proposed site, I am concerned with the adverse impact that
mining will most certainly have on the environment today and in the future.
All of the homes on the East side of the railroad tracks are on WELL water. I am concerned about
the impact mining will have on the water table which in real terms is not very deep. The health of
my extended family as well as other families who rely on "well" water in the area is an issue I feel
strongly must be taken into account. Will the mining effort pose a health hazard by contaminating
the water supply? What assurances do we have that the removal of topsoil down to some pre-
determined level will not alter the water table in some manner? The health and well being of the
citizens who reside adjacent to the proposed site should be given every consideration in this matter.
It is my hope that our health will warrant a very close review of the permit requested by Rogers
Nursery & Landscaping.
Like must Americans, I am not familiar with the Mining Act of 1971 or its provisions. As such, I
have a few other concerns.
` 1) How does the company intend to enter and exit the proposed site?

Page 2
2) What impact will the mining have on the cemetery located a short distance away. The
cemetery is more than hundred (100) years old. My parents, grandparents, and a number of
aunts and uncles are all buried in this cemetery.
3) If this application is approved, will the applicant be responsible for returning the land to
a semblance of the way it was prior to mine operations? If so, what type of fill must be
used? Does a time frame exist and if so what is it?
4) Should the company go bankrupt or experience a financial setback, who would be
responsible for ensuring that the land is properly restored.
I am not against the utilization of public or private land by an individual or business as long as the
rights of others are respected and safeguarded. I believe the concerns I have outlined are justifiable.
Please consider them during the review process.
4S'ncerely,
non W. Rees
cc: Rogers Nursery & Landscaping

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
March 21, 1997
Mr. Jimmy F. Rogers
Rogers Nursery & Landscaping,'Inc.
P.O. Box 1667 .
Washington, North Carolina 27889
Re: Rogers Pit #2 Mine
Beaufort County
Tar - Pamlico River -Basin
Dear Mr, Rogers:
AN ?K%
AM Imp
DEHNR
The application for a mining permit for the above referenced
mine site has been found to meet the requirements of G.S. 74-51
of The Mining Act of 1971. As we have received the required
security to cover this application, I am enclosing the mining
permit.
The conditions of Mining Permit No. 07-36 were based
primarily upon information supplied in the application with
conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on March 21, 2007.
74-65 states that the issuance of a mining permit does not
supersede local zoning regulations. The responsibility of
compliance --with ---any applicable --zoning - regulations- lies -with
G.S.
you...-
As a reminder, your permitted acreage at this site is 9.85,
acres and the amount of land you are approved to disturb is 8.5
acres.
Geological Survey Section
[phone]
FAX: [phone]
Land Quality Section
[phone]
FAX: [phone]
P.O, Box 27687, Ralelgh, North Carollno 27611-7687 - Telephone [phone] • FAX [phone]
Q ,, An Equal Opportunity / Affirmative Actlon Employer • 50% recycled/ 10% post -consumer paper

Mr. Rogers
March 21, 1997
Page 2
Please review the permit and notify this office at (919)
733-4574 of any objection or questions concerning the terms of
the permit.
Sincerely,
Tracy E.tis, P.E.,
State Mining Specialist
Land Quality Section
TED/tls
Enclosures
cc: Mr. Floyd R. Williams, P.G.
Ms. Barbara Rote-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures

D E PARTMENT O F ENV 2 RONMENT �
HEALTH AND NATURAL
RESOURCE S
nXNZXS=ON C]F LAND RESOURCES
• LAND QUAL = TY S E CT 2 ON -
P E R M = T
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:
Rogers Nursery & Landscaping, Inc.
Rogers Pit #2 Mine
Beaufort County - Permit No. 07-36
for the operation of a
- - - - -- - -- -- --Sand-_Mine -- -'
which shall provide that the usefulness, productivity and scenic
values of all lands and waters affected by this mining operation
will receive the greatest practical degree of protection and
restoration.
MINING PERMIT EXPIRATION DATE: March 21,_2007

• • Page 2 of 8
In accordance with the application for this mining permit, which is
hereby approved by the Department of Environment, Health and Natural
Resources, hereinafter referred to as the Department, and in
conformity with.the approved Reclamation Plan attached to and
incorporated as part of this permit, provisions must be made for the
protection of the surrounding environment and for reclamation of the
land and water affected by the permitted mining operation. This
permit is expressly conditioned upon compliance. with all the
requirements of the approved Reclamation Plan. However, completed
performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the
Department, and may survive the expiration, revocation or suspension
of this permit.
This permit is not transferable by the permittee with the following•
exception: If another operator succeeds to the interest of the
permittee in the permitted mining operation, by virtue of a sale,
lease, assignment or otherwise, the Department may release the
permittee from the duties imposed upon him by the conditions of his
permit and by -the Mining Act with reference to the permitted
operation, and transfer the permit to the successor operator,'provided
that both operators have complied with the requirements of the Mining
Act and that the successor operator -agrees to assume the duties of the
permittee with reference to reclamation of the affected land and posts
a suitable bond or other security.
In the event that the Department determines that the permittee or
permittee's successor is not complying with the Reclamation Plan or
other terms and conditions of this permit, or is failing to achieve
the purposes and requirements of the Mining Act, the Department may
give the operator written notice of its intent to modify, revoke or
suspend the permit, or its intent to modify the Reclamation Plan as
incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification,
revocation or suspension by the Department. Alternatively and in
addition _to the .above, the__Department may institute other enforcement
procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context
clearly indicates otherwise, terms shall have the same meaning as
supplied by the Mining Act, N.C.G.S. 74-49. .
Expiration Date
This permit shall be effective from the date of its issuance until
March 21, 2007.
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:

• Page 3 of 8
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 Management Commission. It shall be the
permittee's responsibility to contact the Stormwater
Section, Division of Water Quality, to secure any necessary
stormwater permits or other approval documents.
2. A.. .Any mining process producing air contamination emissions
shall be subject to the permitting requirements and rules
promulgated by the N.C. Environmental Management Commission.
and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that
may be necessary shall be utilized to prevent dust from
leaving the permitted area.
3. A. Sufficient buffer (minimum 20 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.
4. A. Adequate mechanical barriers including but not limited to -
diversions, earthen dikes, silt check dams, silt retarding
structures, rip rap pits, or ditches shall be provided in
the initial stages of any land disturbance and maintained to
prevent sediment from discharging onto adjacent surface
areas or into any lake, wetland.or natural watercourse in
proximity to the affected land.
B. All drainage from the affected area around the mine
excavation shall be diverted internal to said excavation.
5. All mining permit boundaries (9.85 acres) shall be permanently
marked at the site on 100 foot intervals unless the line of sight
allows for larger spacing intervals.

• 0 Page 4 of 8
6. 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 ground cover, devices or
structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of
pools of water that are, or likely to become, noxious or foul.
Necessary structures such as drainage ditches or conduits shall
be constructed or installed when required to prevent such
conditions.
8. Existing vegetation or vegetated earthen berms shall be
maintained between the mine and public thoroughfares whenever
practical to screen the operation from the public.
9. Sufficient buffer (minimum of 20 foot undisturbed) shall be
maintained -between any excavation and any mining permit -boundary ,.•
to protect adjacent property.
10. Refuse Disposal
A. No on -site disposal of refuse or other solid waste that is
generated outside of the mining permit area shall be allowed
within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been
obtained from both the Division of Waste Management and the
Land Quality Section, Department of Environment, Health and
Natural Resources. The method of disposal shall be
consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining.
Act of 1971 generated on -site and directly associated with
the mining activity may_ _be _disposed of in a _designated
refuse area. All other waste products must be disposed of T
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.
11. 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.
12. 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.

• , Page 5 of 8
13. The security which was posted pursuant to N.C.G.S. 74-54 in the
form of a $5,100.00 surety bond is sufficient to cover the
operation as indicated in the approved application. This
security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and
History shall be granted access to the site to determine the
presence of significant archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human
Burial and Human Skeletal Remains Protection Act," should
the operator or any person in his employ encounter human
skeletal remains, immediate notification shall be provided
to the county medical examiner and the chief archaeologist,
North Carolina Division of Archives and History.

Page 6 of 8
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, 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 restore the mine excavation to a
lake area and to grade and revegetate the adjacent disturbed
areas.

• Page 7 of 8
2. The specifications for surface gradient restoration to a surface
suitable for the planned future use are as follows:
A. The lake area shall be excavated to maintain a minimum water
depth of four feet measured from the low water table
elevation.
B. The side slopes to the lake excavation shall be graded to a
3 horizontal to 1 vertical or flatter to the water line and
2 horizontal to 1 vertical or flatter below the water line.
C. Any areas used for wastepiles, screening, stockpiling or
other processing shall be leveled and smoothed.
D. 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. and B.
E. The affected land shall be graded to prevent the collection
of noxious or foul water.
3. Revegetgtion Plan:
After site preparation, all disturbed land areas shall be
revegetated as per the following:
Permanent Seeding Specificatignns
Dates Species Rate,_Lbs/Acre
February 15- April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October 25 Lespedeza (unscarified) 30
German millet 40
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.

• ! Page 8 of 8
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. ec amati_on Plan:
Reclamation shall be conducted simultaneously with mining to the
extent feasible. In any event, reclamation shall be initiated as f
soon as.feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion
or termination of mining.
Permit issued this 21st day of March, 1997.
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed
as an adjoining land owner in the application for a mining permit
filed by Rogers Nursery & Landscaping, Inc. to conduct mining
activities off SR 1302 in Beaufort County. The mining permit
(no. 07-36) was issued on March 21, 1997.
North Carolina law allows persons aggrieved -by the issuance
of a mining permit to contest the decision by filing a petition
for a contested case in the Office of Administrative Hearings
pursuant to N.C.G.'S. 150B-23 of the Administrative Procedure Act
(APA).
If you believe that you are an aggrieved party within the
meaning of the APA, a petition for a contested case must be filed
in the Office of Administrative Hearings within sixty -(_60) days
of.the mailing of this notice to you.
If you file a contested case petition, it must be in writing
and in the -form prescribed by N.C. General Statutes 150B-23.
File the original petition and one copy with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C.
27611-7447.
Any questions about filing a petition may be directed to the
Clerk of the Office of Administrative Hearings by telephoning
[phone].
You must _serve the Department of Environment, Health and
Natural Resources by mailing a copy of the petition to Mr.
Richard B. Whisnant, Registered Agent and General Counsel, Post
Office Box 27687, Raleigh, North Carolina 27611.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed on �.
Susan Edwards
Mining Program Secretary

MEMORANDUM
TO: File
FROM:
SUBJECT:
•
Date
Susan Edward 'Y
ce Notice of Issuanceof Mining Permit
VW
the a tac ed " oti c�ptice�'-o f I s*� ce offMMining Permit.' wass''seno
all people listed in the Affidavit of Notification and any additional people who
sent in letters. If a public hearing was held, a copy of the "Notice.of.
Issuance of Mining Permit" was sent to all people who signed the sign insheet
at the -public hearing. My initials, written in red, will be beside the names of
the people in the file who were,sent this "Notice".
cc: Regional Engineer

It
N. C. Department of Environment, �I- 116 Pos��c�
Health, and Natural Resources RFDUr-E ,� �� a
Division of Land Resources Ta N' C i1' S'Si•: I(S� �[1 �/}
tt..�J .. Yes— C.) filn��CY /r_�GY O L�.7 L 4
Land Quality Section
P. O. Box 27687
��� H NEF�k? d5538.5 leigh, N. C. 27611-7687 A] C
MR MAYSHACK WINDLEY
MS HELEN MOORE WINDLEY
801 RIVER ROAD
WASHINGTON NORTH CAROLINA 27489
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NOTICE -OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed
as an adjoining land owner in the application for a mining permit
filed by Rogers Nursery & Landscaping, Inc. to conduct mining
activities off SR 1302 in Beaufort County. The mining permit
(no. 07-36) was issued on March 21, 1997.
North Carolina law allows persons aggrieved by the issuance
of a mining permit to contest the decision by filing a petition
for a contested case in the Office of Administrative Hearings
pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act
(APA).
If you believe that you are an aggrieved party within the
meaning of the APA, a petition for a contested case must be filed
in the Office of Administrative Hearings within gixty6 days
of the mailing of this notice to you.
If you file a contested case petition, it must be in writing
and in the form prescribed by N.C. General Statutes 150B-23.
File the original petition and one copy with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C.
27611-7447.
Any questions about filing a petition may be directed to the
Clerk of the Office of Administrative Hearings by telephoning
[phone].
You must serve the Department of Environment, Health and
Natural Resources by mailing a copy of the petition to Mr.
Richard B. Whisnant, Registered Agent and General Counsel, Post
Office Box 27687, Raleigh, North Carolina 27611.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed on
Susan Edwards
Mining Program Secretary

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•
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
January 14, 1997
Mr. Jimmy F. Rogers
Rogers Nursery & Landscaping, Inc.
P.O. Box 1667
Washington, North Carolina 27889
Re: Rogers Pit #2 Mine
Beaufort County
Tar - Pamlico River Basin
Dear Mr. Rogers:
�EHNR
Your application for a mining permit for the above referenced
mine site has been reviewed. 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 with conditions added if necessary to ensure compliance
with The Mining Act of 1971.
The reclamation bond has been verified for this site. The
bond amount for this site is $5,100.00. 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. In addition to one of these alternatives
you may, upon request, substitute a cash deposit.
Please review the draf t permit and the reclamation bond
worksheet and contact this office should you have any objection or
question concerning the permit conditions. G.S. 74-51 provides the
operator 60 days following the mailing of application approval
notice in which to file the required surety.
The permit will be issued when the required security has been
received. No mining may be conducted until the permit is issued.
G.S. 74-65 states that the issuance of a mining permit does not
supersede local zoning .regulations. The responsibility of
compliance with any applicable zoning regulations lies with you.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAX: [phone] FAX:.[phone]
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

•
i
Mr. Rogers
January 14, 1997
Page 2
Please contact me at (919)
questions concerning this matter.
TED/tls
Enclosure
733 -4574 if you should have any
sincerely,
Tracy E. Davis, P.E.
State Mining Specialist
Land Quality Section
cc: Mr. Floyd R. Williams, P.G.

•
•
DEPARTMENT OF EWIRONMENr,
HEALTH AND NATURAL
RESOURCES
DIVISION OF LAND
LAND QUALITY SECiZON
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.B. 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:
Rogers Nursery & Landscaping, Inc.
Rogers Pit ,#2 Mine
Beaufort County - Permit No. *
for the operation of a
Band Mine
which shall provide that the usefulness, productivity and scenic
values of all lands and waters affected by this mining operation
will receive the greatest practical degree of protection and
restoration.
MINING PERMIT EXPIRATION DATE:

• • Page 2 of 8
In accordance with the application for this mining permit, which is
hereby approved by the Department of Environment, Health and Natural
Resources, hereinafter referred to as the Department, and in
conformity with the approved Reclamation Plan attached to and
incorporated as part of this permit, provisions must be made for the
protection of the surrounding environment and for reclamation of the
land and water affected by the permitted mining operation. This
permit is expressly conditioned upon compliance with all the
requirements of the approved Reclamation Plan. However, completed
performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the
Department, and may survive the expiration, revocation or suspension
of this permit.
This permit is not transferable by the permittee with the following
exception: If another operator succeeds to the interest of the
permittee in the permitted mining operation, by virtue of a sale,
lease, assignment or otherwise, the Department may release the
permittee from the duties imposed upon him by the conditions of his
permit and by the Mining Act with reference to the permitted
operation, and transfer the permit to the successor operator, provided
that both operators have complied with the requirements of the Mining
Act and that the successor operator agrees to assume the duties of the
permittee with reference to reclamation of the affected land and posts
a suitable bond or other security.
In the event that the Department determines that the permittee or
permittee's successor is not complying with the Reclamation Plan or
other terms and conditions of this permit, or is failing to achieve
the purposes and requirements of the Mining Act, the Department may
give the operator written notice of its intent to modify, revoke or
suspend the permit, or its intent to modify the Reclamation Plan as
incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification,
revocation or suspension by the Department. Alternatively and in
addition to the above, the Department may institute other enforcement
procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context
clearly indicates otherwise, terms shall have the same meaning as
supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until *.
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;

• • Page 3 of 8
OPERA-TING CONDITIONS
I. 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 section, Division of Water Quality, to
secure any necessary stormwater permits or other approval
documents.
2. A. Any mining process producing air contamination emissions shall
be subject to the permitting requirements and rules
promulgated by the N.C. Environmental Management Commission
and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may
be necessary shall be utilized to prevent dust from leaving
the permitted area.
3. A. Sufficient buffer (minimum 20 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.
4. A. Adequate mechanical barriers including but not limited to
diversions, earthen dikes, silt check dams, silt retarding
structures, rip rap pits, or ditches shall be provided in the
initial stages of any land disturbance and maintained to
prevent sediment from discharging onto adjacent surface areas
or into any lake, wetland or natural watercourse in proximity
to the affected land.
B. All drainage from the affected area around the mine excavation
shall be diverted internal to said excavation.
5. All mining permit boundaries (9.85 acres) shall be permanently
marked at the site on loo foot intervals unless the line of sight
allows for larger spacing intervals.

• . * Page 4 of 8
6. 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 ground cover, devices or structures
sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of
pools of water that are, or likely to become, noxious or foul.
Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
S. Existing vegetation or vegetated earthen berms shall be maintained
between the mine and public thoroughfares whenever practical to
screen the operation from the public.
9. Sufficient buffer (minimum of 20 foot undisturbed) shall be
maintained between any excavation and any mining permit boundary to
protect adjacent property.
10. gefuse Disposal
A. No on -site disposal of refuse or other solid waste that is
generated outside of the mining permit area shall be allowed
within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained
from both the Division of Waste Management and the Land
Quality Section, Department of Environment, Health and Natural
Resources. The method of disposal shall be consistent with
the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act
of 1971 generated on -site and directly associated with the
mining activity may be disposed of in a designated refuse
area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their
storage containers or any other material that may be
considered hazardous shall be disposed of within the permitted
area.
11. 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.
12. 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.

0 Page 5 Of 8
13. The security which was posted pursuant to N.C.a.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 farce for this permit to be valid. The total affected land
shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and
History shall be granted access to the site to determine the
presence of significant archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, 'The Unmarked Human
Burial and Human Skeletal Remains Protection Act," should the
operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the
county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

0 0
Page 6 of 8
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the
of which is a condition on the continuing validity of
Permit. Additionally, the Reclamation Plan is a separabl
of the permittee, which continues beyond the terms of
Permit.
The approved plan provides:
Minimum Standards As Provided By a.S._74-53
e
performance
that Mining
obligation
the Mining
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, 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 restore the mine excavation to a
lake area and to grade and revegetate the adjacent disturbed areas.

0 Page s of e
In addition, the permittee shall consult with a professional
wildlife biologist with the N.C. Wildlife Resources Commission
to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the
extent feasible. in any event, reclamation shall be initiated as
soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or
termination of mining.
Permit issued this * day of *, 1997.
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the secretary
Of the Department of Environment, Health and Natural Resources

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January I, 1997
MEMORANDUM
TO: Tracy Davis
State Mining Specialist
Archdale Buildipg
FROM: Pat McClain
.1
RE CEI V ED f,
DEHNR
- 6 P9T
Assistant R641-onkngineer
Washington Regional Office LAND QUALITY SECTION
RE: Comments on Mining Applicati
l!
Rogers Pit #2
Beaufort County
This pit is located in the Tar -Pamlico Drainage Basin, in a
Coastal County.
I have no comments on the Application, the answers appear
adequate.
The site is immediately adjacent to the southeastern side of
the St. Clair's Hodges Pit. There are no dwellings within 500
feet of the proposed pit. The site was investigated and no
potential problems were noted.
Attached are comments from DWQ

•
State of North Carolina
Department of Environment, Health,
and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
[DFEE HNR
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
November 21, 1996
TO: Pat McClain
FROM: Robert TankardoK4
SUBJECT: Rogers Pit #2
Beaufort County
A site investigation was performed on December 11, 1996 with Mr. Jimmy Rogers. The
proposed mine site will require an NPDES permit which allows the discharge of stormwater and
wastewater. An application will be sent to Mr. Rogers. If you should have any questions
regarding the above please contact me. The application is routed to Deborah Sawyer for her
continents.
1424 Carulima Avenue, Washington, NC 27889 Telephone 919M6-6481 FAX [phone]
An equal opportunity Affirmative Action Employer 50`Io recycled 10% post-ennsumer paper

DIVISION OF WATER QUALITY
GROUNDWATER SECTION
December 27, 1996
K M0 [13'7�►11711u i
TO: Floyd Williams, Regional Engineer
Land Quality Section, Washington Regional Office
FROM: Scott Wood, Hydrogeological Technician I 9'�_
Groundwater Section, Washington Regional Office
SUBJECT: Roger's Pit No. 2 Sand and Topsoil Mine
Roger's Nursery and Landscaping, Inc.
Beaufort County
The Washington Regional Office Groundwater Section has reviewed the application. Based on
the information provided by the applicant it appears that there will be little or no adverse impacts
to the groundwater or to any nearby water supply wells. However the following comments are
submitted for your consideration:
1. Although the permit application states that the maximum depth of the mine will
be 15 feet below Iand surface, Phillip Reese, an adjacent property owner has
concerns about the proposed mine location and his water supply well. In a
telephone conversation on December 27, 1996, he stated that his well is shallow,
and that it had gone dry in the past. Mr. Reese also stated that he had sent a letter
expressing his concerns either to WaRO or to the Central Office. As of this date,
the Groundwater Section has not received the letter. If however, information in
Mr. Reese's letter provides supporting data that his well may loose pressure or
"go dry", the Groundwater Section may recommend that a piezometer well be
installed between the mine and the property boundary in order to monitor
groundwater levels in the surficial aquifer.
2. The day-to-day handling and storage of all motor fuels and any other chemicals
should be conducted in a manner to prevent spills and/or leaks from occurring.
In the event of a release, the owner/operator must take immediate measures to
recover and contain the discharge and notify the Washington Regional Office that
a release has occurred.
3. The proposed mine excavation shall not be used as a disposal area for any waste
without first obtaining authorization from the appropriate permitting agency.
If you have any questions, or would like to discuss this matter further, please contact me at any
time.
cc: WaRO files

t
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
January 2, 1997
MEMORANDUM
TO: Tracy E. Davis
Land Quality Section
Division of Land Resources, DEHNR
FROM: David Brook / e
Deputy State lstoric Preservation Officer
SUBJECT: Application for Mining Permit
Rogers Pit #2, Beaufort County
ER 97-7980
Division of Archives and History
Jeffrey J. Crow, Director
RECEIVED
DEHNFi
T 1997
LAND QUALITY SEC T ICt,
Thank you for giving us the opportunity to review and comment on the above
project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes.
Because of the location and topographic situation of the proposed project area, it is
unlikely that any archaeological sites which may be eligible for inclusion in the
National Register of Historic Places will be affected by the proposed borrowing.
We, therefore, recommend that no archaeological investigation be conducted in
connection with this project.
Thank you for your cooperation and consideration. If you have questions
concerning the above comments, please contact Ms. Renee Gledhill -Earley,
Environmental Review Coordinator, at 919/733-4763.
DB:slw
109 East Jones Street • Raleigh, North Carolina 27601-2807 ��

State of North Ca Tina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
December 5, 1996
MEMORAM
To: Mr. William Wescott
Habitat Conservation Program Coordina
Wildlife Resources Commission
A14
DL-f
ai
1E0,
C 2 7 1996
LAND QUALIT'k
Nth UovI4 -
From: Susan B. Edwards
Mining Program Secretary
Land Quality Section
Re: Mining Permit Application Request for Rogers Nursery &
Landscaping, Inc.
Rogers Pit 12
Beaufort County
Please find attached for your review a copy of the mining permit
application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2)). Please respond by January 3. 1997 so that we may complete
our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off -site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS
WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is
greatly appreciated. Please contact Mr. Tony Sample at [phone] if you
have any questions.
SBE
Attachments
cc: Mr. Floyd Williams
Geological survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAX: [phone] FAX: [phone]
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

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S
DATE TO ASSISTANT fV-
� DATE T USAN J I " S-
LOGGED IN
Q -7- 1VIINING CHECKLIST FOR ROUTING
Company e--, Nun -- CAS Project Name _._K Permit No. County P Date Received
Reviewer
Please make copies of check to include with Central Office and
Field Office files and log in checks.
*LJ New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release
❑ Additional Information ❑ Fee Needed
Fee Received: Amount 7'5-a r 0 C)
Please route to:
❑ a Field Office
19 Wildlife Resources Commission
* Archives and History
❑ Other: DW Q
Date Routed
Date Routed
Date Routed
Date Routed
Suspense Date for Comments: 1- 3 "�— (Date received +30 days,
not on weekend)
❑ Please note the following:
*SUSAN: Please make file and return Checklist and file to Reviewer
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

State of North C no
Department of Env ronment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G„ P.E.
Director and State Geologist
December 5, 1996
MEMORANDUM
To: Mr. William Wescott
Habitat Conservation Program Coordinator
Wildlife Resources Commission
From: Susan B. Edwards
Mining Program Secretary
Land Quality Section
Re: Mining Permit Application Request for Rogers Nursery &
Landscaping, Inc.
Rogers Pit 12
Beaufort County
Please find attached for your review a copy of the mining permit
application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2)). Please respond by January__3, 1997 so that we may complete
our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off -site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS
WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is
greatly appreciated. Please contact Mr. Tony Sample at [phone] if you
have any questions.
SBE
Attachments
cc: Mr. Floyd Williams
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone]M FAX; 733-2876 FAX: [phone]
P.O. Box 27687, Raleigh, North Carolina 27611-7687 telephone [phone]-FAX [phone]
An Equal Opportunity Affirmative Action Employer SO% recycled/ 10% post-consurner paper

E
•
ROGERS NURSERY & LANDS CAPING,TA)C- i 541
JEAN, JIM AND THOMAS ROGERS
PH 919-946-7345
762 WHOOTENTOWN RD. P.O. BOX 1667 68-7172/253 !
WASHINGTON, NC 27889 ) D-3 19
Pay to the
order of f��,Z N_N $
Dollars 8j Securitydelaila
on Lack.
COOPERATIVE BANK
FOR SAVINGS
WASHINGTON, NC 27889

0. 0
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION RECEIVED
December 4, 1996 DEHNR
MEMORANDUM
TO: Tracy Davis DEC - 5 FA
State Mining Specialist
Raleigh
FROM: Pat McClain -Poe LAND QUALITY SECTION
Assistant Regional Engineer
Washington Regional Office
RE: Proposed Rogers Pit #2
Beaufort County
Attached are two copies of the application and the permit
review fee for the referenced mine. The application was received
in this office today. I have notified DWQ and provided them with
one copy of the application for their review.
My comments will be forth coming.

i
•
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
December 4, 1996
KERORANDUM
TO: Willie Hardison, Supervisor
Division of Water Quality
Thru: Floyd Williams W
Regional Engine/�err
FROM: Pat McClain F9
Assistant Regional Engineer
Washington Regional Office
RE: Proposed Rogers Pit #2
Beaufort County
RECEIVED
DEHNR
E
5 1996
LAND QUALITY SECTION
Our office received the referenced Application for Mining
Permit, today.
A copy of the Application and mine maps are available for
review in our office, until December 30, 1996, from Kay Andrew.
cc: Tracy Davis, State Mining Specialist

r1
LJ
•
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
December 4, 1996
TO: Roger Thorpe, Supervisor
Division of Water Quality
Thru: Floyd Williams 191
Regional Engineer
FROM: Pat McClain -?Wip
Assistant Regional Engineer
Washington Regional Office
RE: Proposed Rogers Pit #2
Beaufort County
Please review and comment, to Floyd Williams, on the
attached mining permit application by December 30, 1996. A Mine
Site Review Form is provided.
Mine maps are available for review in our office. Please
see Kay Andrew.
We appreciate you prompt attention to this request.
Attachments
cc: Tracy Davis, State Mining Specialist

NORTH CAROY,IP: \ MINI,
PEIMIT APPL.1.'1. ������i
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State of North Carolina.
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5��y�,�,� 4 Land Quality, Section
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P.O. Box-27687
21M.7681
Raleigh, North Carolina 6
(919) 7334574
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•
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RF.SOt 110"E''s
1. Name of
2. Name of Applicant*.
LAND QUALITY SEC'noN
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
a 1-19/t1M C-9 P,,i
County 'a
3. Permanent address for receipt of official mail** P6, a7 _ 16617
Telephone V 6 `941-_%.3115
4. Mine Office Address_'3lJ7L= �S' AQ LIE
lj'mn?iE:
Telephone5. MineManager F,
We hereby certify that all details contained in this Permit Application are;true and correct•to the best
of our knowledge. We fully understand that any willful misrepresentation 'of facts will be cause for
` permit revocation.
IV!
_ .
***
U
Print Name_ iMn U i E_ "c'- O Cr
Title„ SL c zLleeS
Date .5 , - —
* This will be the name that the mining permit will be issued to and
reclamation hQnd.(squ-nkj that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of
receipt of a co plet application or, if a public hearing is held, within 30 days follow* the hearing and the
filing of any supplemental information required by the Department. All questions must be addressed mW all
required maps provided before this application can be considered complete. Attach additional sheets as
needed.

APPLICATION FOR A MINING PERMIT
■ NQTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses most be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer gn of the following that apply:
1, a.- If this is an application for a NEW permit, indicate the total acreage at the site to b� covered
by the permit (this is the acreage that the "new permit" fee will be based upon):
Of this acres e, how much is owned and how much is leased? Acres owned: 9 � Acres
leased:_ , Property owner if leased: NfA
b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.: Nf�
Total permitted acreage (this is the acreage that the "renewal" fee will ,be "
based upon): Ai / 10
c. If this is an application for a MQDIFICATION to a minin& permit, indicate the mining permit
number and the total (overall) acreage cover by the existing permit: Mining Permit;
�
No. NIA Total permitted acreage: N F
I I '• yyi' - '.
Does he mVte'
cation involve acreage within the previously approved'permitted,bourii ?
Yes No." If yes, indicate the acreage to be covered by thi odification (this is the
acreage that major modification fee will be based upon):.
Does the mo cation involve acreage outside the previously approved permitted boundary?
Ye No I yes, indicate the additional acreage to be covered by this , �
modi lcation: (NOTE: you must complete of Section F. of this- application'
form entitled Notification of Adjoining Landowners).
.`{
Of this acreage to be added to the permit, will any ppoortio of thi' acreagd.be affected(distvrbed,
ground cover removed) by the mining operation? YesZo NoZ (if no,,a• "minor modification"
fee of $50.00 is required, despite the."undisturbed" acreage to be added). If yes; indicate the
acreage to be affected within the acreage to be added to the permit (the tptal acreage'to b ded
to the permit is the acreage that the major modification fee will be based upon): ��
d. If this is an application for TRANSFER of a minim permit, indicate the'mining pe't'n mber
and the total (overall) acreage covered by the existing permit: Mining'Permit No.:�111119
�
Total permitted acreage: N Ir A
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER, FEE AMOUNT
TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE
NOTED ABOVE
2.. Indicate the approximate longitude and latitude, in degrees-minutds-seconds, of the center of the,mine
site: LONGITUDE (dd-mm-ss):?_---Q -- Quadrangle;
LATITUDE (dd-mm-ss): . 3 5- --� --
3. . Name of all materials mined: _ aP2oi1- `L HN;
47

•
APPLICATION FOR A MINING PEMMIT
4. Mining method: Hydraulic Dredge _ x _ Front-end Loader & Truck Shovel &- Truck
Dragline & Truck �X_ Self -loading Scraper Other (explain) C
5. a. Expected maximum depth of mine (feet) /S Reference elevation:, ,9Mt K'. 13, 8 AT
b. Expected average depth of mine (feet) 15" AN R5 EN�
6. Has any area(s) at this site been mined in the past? Yes Now If no, proceed to Question 7.
a., Acreage of previously affected land(s) at present site that has not been reclaimed. -
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted?
c. Acrea$.e of previously affected land at resent site that has been reclaimed:
acres
(identify all areas on your mine map(s)�.
d. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in 6a or c from this permit application?,
Yes No . If yes, how much? acres (identify all areas.on your
mute map(s)).
7,
Present (pre -mining) use of the land (estimate acreage for each):
Cropland S acres Pasture O acres Forestry , d'S acres Fish/Wildlife 4'
acres'
Recreation nacres Other _acres (Specify use: S Ll. Cr
.
8-.
'Proposed land use after mining and reclamation has been completed (estimatek acreageforTeach):, y
Cropland o acres Pasture o acres Forestry Fish/Wildlif
,_acres
Recreation ,,„_acres Other p FS_ acres (Specify use: �RR1'G�T D_ o/VD
9.
Number of years for which the permit is requested (10 years makinium):
MAPS
} 1'.
Four (4) copies of the county highway maps and four (4) copies -of all mine maps and;i'eclamation
maps shall be submitted with each permit application.
_ : -
County highway maps may be obtained from:
Location Department
State Highway Commission-'
Raleigh, North Carolina 27602
[phone]
Clearly label and mark the location of your mining operation'.on the county highway maps.
-3-

. APPLICATION FOR A MINING PERMIT
X.
.i
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. Ali aspects of the mine site must be clearly labeled on
the maps along with their corresponding (approximate) acreage: As a reminder, mining
permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only
denote those activities that are intended to be conducted during the life of the mining ppeermit.
All maps must be of a scale sufficient (see minimum requirements listed below) to clearly ,illustrate
the following, at al -minimum:
a.'
Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights -of -way.
b.
Existing or proposed permit boundaries.
c.
d.
Initial and ultimate limits of clearing and grading.
Outline and width of all buffer zones (both undisturbed and unexcavated).
e.
Outline and acreage of all pits/excavations.
f.
Outline and acreage of all stockpile areas.
gg
Outline and acreage of all temporary and/or permanent overburden disposal areas.
li.
Location and acreage of all processing plants (processing plants may be described
as. to location
and distance from mine if sufficiently, far removed). 71
i.
Locations and names of all streams, rivers and lakes.
Outline and acreage of all settling and/or processing wastewater ponds.
.Location and acreage of all planned and existing access roads and on -site haul roads.",
1.
Location of
planned and existing on -site buildings. • . ,
m.
Location and
dimensions of all proposed sediment and erosion' control measures:.,
'.
n.
o.
Location of 100 year flood lain limits and wetland boundaries. �'
Names of owners of record, both and of all adjoining land.
p..
public private,
Map legend:
L Name of applicant
2. Name of mine
3. North arrow
4: County
5. Scale ''
_ ''•' .
-6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
`
1
Map scales must, at a minimum, meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres I inch = 50 feet
100-499 Acres I inch = 100 feet
500+ Acres I inch = 200 feet
—4—

•
•
'APPLICATION FOR A MINING PIIRMIT
A table/chart must be provided on the mine map timl clearly. lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed I during the life of the mining
permit. A table/chart similar to the following will be accc.plable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
0-
Stockpiles
p
Wastepiles
(�
Processing Area/Haul Roads
Mine Excavation
�, S D
Other
3s.
NOTE: IN ADDITION TO THE ABOVE THE MAPS MUST ALSO INCLUDE 'ANY'SIT&
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION . FORM (PLEASE': `NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION ,WILL NOT
BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT' ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
-5-

APPLICATION FOR A MINING 1' 'JIMIT
C. PROTECTION OF NATURAL RESOURCES
1. a. Will the operation involve washing the material mined, recycling process water, or other waste .
water handling? Yes No.� . If yes, briefly describe all such processes including any
chemicals to be used.
• •1
b. Will the operation involve discharging fresh or waste water from the mine orplant?
Yes X No . If yes, briefly describe thr nature of the discharge and locate all
proposed discharge points (along with their metho,'I of stabilization) on your mine map(s).
U ,q r jj L 4- �D t s CIMRGtrD FO/—) _ 71eX rGJI TIu N .
c. Will any part of the proposed mine excavation(s) extend below the water table? . �"�:;r
..,.,.
Yeses o . If yes, do you intend to dewater the excavation(
s)7 Yes ?� Now,; N If yes,
what impact, if any, will mine dewaterin have on neighboring wells? Locate all extsdng wells
on the mine map(s) that lie within 500jeet of the proposed excavation' area. Provide',data to
support any conclusions or statements made. Indicate whether the proposed mine' locale is
served by a public water system or private wells.
h+,QEfi'. f}RouND 54.�ROtc.N�/NG� /l7iIL�� sF,gUt� (�}t Pul3�ic: w�r��e
g yVeM I9NA - S
d... If the mine will extend below the water table, what is the pre-mnm ng'depth (in 1feet) to the
seasonal high and low ground water tables? High S- ft: ,Low ft. -What is the source
of this information? /'&RS®/vh''- DBS(:Fw vl*I r oN 1.'
e. If you answered yes to any of the above questions, provide evidence that you have applied for
or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, etc.)ffrom the
Division of Environmental Management, Water Quality Section.
I"

APPLICATION FOR A MINING I'I;RMIT
2. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No�_. If yes, indicate evidence. That you have applied for or obtained an air
quality permit issued by the Division of Envirminiental Management, Air Quality Section, or
local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?`
. (,(JAJ'� Lv�IG�N Lr�f�� JVE-C E5S;9�y
3. Describe in detail the chronological sequence of land disturbing activities-6d'reference the sequence
to the mine map(s). Attach additional sheets as needed.
fI • 57Z /P 7T0 �°So I L %n/ 0 NE %� E �N�RFin rS .
� - Ili i NO SAND GGc rTIIW�- � S) e) P&S ;9s' •/r1 i�v
e, S FEa iIvG- 5 L o PF5 6 N D ONES f) S M% A
4. Describe specific erosion control measures to be installed prior 6o land disturbing activities and
during mining to prevent offsite sedimentation (include specific plans for sediment and erosion
control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed
sequence of installation and schedule for maintenance of the measures. Locate and l0el-411 sediment
and erosion control measures on the mine map(s) and provide typical cross-sections/construction
details of each measure. Engineering designs and calculations shall be required when needed to
justify the adequacy of any proposed measures. . A)'9 . , 1.
i GIs
-7-

0
•
APPLICATION FOR A MINING PF,RMIT
5. a. How wide a buffer will be maintained between artiy mining activity and any adjoining permit
boundary or right-of-way? Buffers must be locatui within the permit -boundaries. Buffers along
permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and .
widths on the mine map(s). 6?6
b. How wide a buffer will be maintained between any land disturbing activities within the permit
boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and
wetlands must be undi urbed. Show all buffer locations and widths on the mine map(s).
IUD fV11 n�,eAZ 0JE7-4191vDS.
6. a. Describe methods to prevent landslide or slope instability adjacent to adjouung perritit boundaries
during mining. .<
o ' �t�FF�R cclir'f� 3 7'o 1 54OPFS TO'.
b. Describe other methods to betaken during mining to prevent physical hazard to any neighboring
dwellin& house, public road, public, commercial or industrial building from any • mine
excavation. Locate all such structures on 'the mine map tf they are within 300 feet of any
proposed excavation.
,6,4 1 C A DES A /1) ak FENC ING-, Al4 � Ti��C'lZc,CFS . Lc1tTi'f %!✓
3 04 ©r In iiUE
10

APPLICATION FOR A MINING PERMIT
c. Describe what kind of barricade will be used to prevent inadvertent public access along any high
wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and
adequate boulder barriers may be acceptable high wall barricades." A construction detail/cross-
section and location of each type of barricade to be used must be indicated on the mine map(s).
G,49 71E R7— L-Civ i�4'f1 N c C7.
M
d. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended 'side slope gradient; installation of any
benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
A
e. In excavation(s) of unconsolidated (non -rock) materials, specify the -angle of all 'cut slopes
including specifications for benching and sloping. Cross -sections for all cut slopes `must be
provided on the mine map(s).
,y T119 e y E D ;,
f. In' hardrock excavations, specify proposed bench widths and heights in feet. Provide 'cross -
sections of the mine excavation clear yl noting the angles of the cut slopes, .widths of all sV&V
benches and mine benches, and the expected maximum depth of the excavation.
7. ' Are acid producing minerals or soils present? Yes____ No--)<—. How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
&T

' APPLICATION FOR A MINING PERMIT
8. Describe specific plans (including a schedule of implementation) for screening. the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or other
measures. Show the location of aII visual screening on the mine map(i) and provide crass -sections
through all proposed berms or proposed spacings, sizes and species for tree plantings.
Al/9
9. Will explosives be used? Yes No-L. If yes, Specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboring roperty from
flying rocks or excessive air blasts or ground vibrations. Locate. the nearest oisfte occupied
structures) to the proposed excavation(s) on the mine map and Indicate its approximate distance to
the proposed excavation.
10. ;Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No .`,
g � . dfy
describe these materials, how they will be stored and method of containment in case of spill.
Indicate the location(s) of all storage facilities on the mine map(s). ., .
11. Are any processing waste, overburden or other such mine wastes. to be disposed of off -site?
Yes No _ X . If yes, describe in detail what these wastes are and how they will be disposed.
Attach a separate site maps) showing the location(s)' of the disposal area(s). Include -all
specifications for erosion and sediment control.
-10-

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1'. Describe your intended plan for the final reclamation and subsequent use of all affected lands and '
indicate the general methods to be used in reclaiming this land. This information must be'illustrated
on a reclamation map and must correspond directly with the information provided on the mine
map (s).
Z'iP�C'�'Gf3Tsolu' %�oNa _ -
r
2. a. Is an excavated or impounded body of water to be left as'a part of the'reclamation?.: {,
Yeses_ No . if yes, illustrate the location of the bady(s) of water on the 'neclamatlon .
map and provide a scaled cross -sections) through the proposed body(s).o .. water, 1'he ummum
average water depth must be at least 4 feet unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. ; Will the body(s)'.'of, water be '
stacked with fish? Yes Now. If yes, specify species. r
b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in
mined areas. Provide details and locations of any permanent' water outlets on the reclamation
map.
Ljjfi rF R �D EPTf1 GRE, rz=8 TH.&1
-11-

APPLICATION FOR A MINING PERMIT
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in
rock including what kind of permanent barricade will be left. Construction details and locations of
all permanent barricades mraet be shown on the reclamation map. Nl111
E
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine
waste areas, including specifications for benching and sloping. Final cross -sections and locations
for such areas must be provided on the reclamation map.
In97-6�-RIA4 Lc L-L X9EmoU&-b 6' Z) 6 pkoeFss .
cf- s RFD.
• I ' 4J 3
5. a. Describe'reclamation of processing facilities, stockpile areas,on-site roadways' ;'V.
b. Will any on -site roadways be left as part of the reclamation? Yes____: No___X^ Yyes,
identify such roadways on the reclamation map and provide details on permanent ditch line
stabilization.
-12-

APPLICATION FOR A MINING PERMIT
6. Describe the method of reclamation of settling ponds and/or sediment control basins. lVbq
7. Describe the method of control of contaminants and disposal of scrap metal, unk machine cables,
or other such waste products of mining. (Note definition of refuse in The Mning Act of 1 H). No
9rf site peed wig shall be disposed of on the mine site without grwr written approval
from the NC Department of Environment, Health, and Natural Resources, Land Quality
Section and either the Division of Solid Waste Management (DSWM) or local governing body.
If a disposal permit has been issued by DSWM for the site a copy of said permit must be
attached to this application. All temporary and permanent -refuse disposal areas must be clearly
delineated on the mine maps) and reclamation map, along with a list'of items to. be disposed in said
areas. NIA
1,3
ti •; - tc : _
B. indicate the method of restoration or -establishment of any permanent'drainage"channels Wa`& dition
minimizing xrosion, siltation and other pollution. Provide 'design `irtformation; including typ ical
cross -sections, of any permanent channels to be constructed as part of the reclamation plat.: 1ndicate
the location(s) of all permanent channels on the reclamation map.
�'A .}
7:
9. Provide a schedule of reclamation that indicates the sequence of reclatnatio6 and approximate time
.frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate.on the
mine map(s)-and reclamation map each segment that is to be mined and reclaimed during'each year
of the permit. Add drawings showing typical cross -sections and final features of the 'proposed
reclamation.
RE C t-Arh 4 T-iorJ 70 O R e_e_om Pars H Ea CO/1) (I uRR &A rL y
Ld I TH m 1 IV 11VCr'.
-13-

•
APPLICATION FOR A MINING PERMIT
10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
and signed by one or the following:
a. Authorized representatives of the local Soil and Water Conservation District;
b: Authorized representatives of the Division of Forest Resources, Department of Environment,
Health, and Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment, Health, and Natural Resources;
f. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre): ?000*AC RE oR Fo«our
�FCO%!1/�'1E7u7�ATId/us FRorr, H sa�� TFSr;
FERTILIZER - ANALYSIS AND RATE OF APPLICATIONounds/acre): /wo.=#�AcR�.
88 04 /o-io-ion
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre):
fFBkofik, . '16 - AAR14. I K66E 4CSP& zA
619# 6 R-1Ss
rek lj/
f�P,Ql< //t RVE Cc'/N
1 3'uLy 31 eo,n�pN �C�muaA
414"sr 1 -- 0e_►D1349 a5 46 S Pt�r�fJ 60,vs, 'AR
G-ERMAN ya
o�CR ?S- cE66OR-Y /5 R ye. LC '91AI Tern 'ODR/�Y) �� a
MULCH = TYPE AND RATE OF APPLICATION (potinds/acre) 'AND' METHOD - OF
ANCHORING: g/-4 5 FCb c•a Ak&,gs S/�i¢LL �� >ri-1u�Ch�� us//vc=`.1/14
RA/iV 67'/PAuJ f�T�9 2�T� oF, �C�o �fl cRES rgyafAn/e ffo,�E� A60, OPR%/�TELY:
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation or reforestation ]an approved by:
Signature
Print Name 13
a�lard
Title —Di -54-r,' Cr{-
Agency _ U 5h - N RC 5 „
-14-
Date _ 1213 )q C.

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a
range of $500 to $S, 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.
AFFECTED
CATEGORY
ACREAGE
Tailings/Sediment Ponds
Ac.
X
Stockpiles
Ac.
X
Wastepiles
Ac.
X
Processing Area/Haul Roads
Ac.
X
One Excavation
Ac.
X
Other 161
Ac.
X
TOTAL AFFECTED AC.:
Ac.
Divide the TOTAL AFFECTED AC. above into the followin
proposed/existing excavation and/or b) affected'acres that wil
bbee needed to prevent offsite sediment.
a) Internal Drainage 9, Ff. Ac.
b) Positive Drainage Ac. X
Inflation Fi3Llao
�a.5aao
0.02 X SUBTOTAL COST: $ X
RECLAMATION RECLAMATION
COST/ACRE COST
$ /Ac. '= $
$ /Ac. _ $
$ '/Ac $
$ /Ac. = $
$ SDU.O0 /Ac. = $ 49S6, nn
$ 1 IAc.
,easuYes: =. ;
two cate ones: a)affected acres that'drain into
be graded for' positive drainage, measures will
SUBTOTAL COST: $a 4
Permit Life (1 to 10 years): /4
INFLATION COST:
TOTAL COST = SUBTOTAL COST + INFLATION COST = $. 5/D O,OC? _
TOTAL RECLAMATION BOND COST: Q $.ELQL.100
(round down to. the nearest $10o.00)
-1.5-

•
•
APPLICATION FOR A MINING PERMIT
F. NOT97CATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must lie sent certified or registered
mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the
mine map(s). The only exception to the above is if another means of notice is approved in advance by
the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners .
of record of land adjouung said boundaries must be clearly denoted on the tau map).
The "Affidavit of Notification" attached to this application must be -completed notarized and subinitted to
the Department, with the remainder of the completed application form, befre the application will be
considered complete.
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS,- FOR�NEW .
M iING PERMITS A�M FOR PERMIT MODIFICATIONS THAT ADD ADJACENT
LAND TO A MINING PERMIT.
'' ; :` ■ SEETHE NEXT TWO PAGES FOR THE "NOTICE" FORK AND THE -"Al
NOTIFICATION"
-1`
V R
3DAVIT:'OF
0

�� '.
,. � '.
i
.;,
�'
,i ��'
'' t, , ,, , , � ! ,
,�� ,
� 1 �
.,�� ''
�:
.. ,. , , ,

E
•
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
7Z.y ` 1 �711.� _ ` 2�'111� �'�' , has applied on
(Applicant Name) _ (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit 0
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine �Sf�I��D ^* 7nFS'�I�.. on 9 �s acres located
(Mineral, Ore) (Number)
S ,95,7- of 6&'A5'//11V6 rOtij I AJ C-
(Miles) / (Direction) (Nearest Town)
off/near road 3R /jG2 L�t Q) 734011 L�_ in &Au FoR_ r
(Road Number/Name) (Name. of County)
*SEE ATTACHED MAP FOR PROPOSED PERAUT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any personmay file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
Sit
public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as -at the appropriate re ional office. For further information
call [phone]. _ e . _ _ _ _ _ _ _ .considgr any relMat Written
CC 7r
dressee's Name
VA
-17-
ssuance of this Notice/Mailed to
0

�/V "VV-1�)I'v6VSY�77
77 nHT ski 7OF T
�21
7-711 CI"V-(,/
11T 0-1 9 fu I [I
9

0
APPLICATION FOR A MINING: PERMIT
Al"FIDAVIT OF NOTIFICATION
•
I, J�mm 1 E /1"O�E� _ , an applicant, or an' agent, or employee of an applicant,
for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining
Permit from the N.C. Department of Environment, Health, and Natural Resources being first duly sworn,
do hereby attest that the following are known owners of record, both private and public, of the land adjoining
the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed,
by certified or registered mail, to said owners of record at their addresses shown below, such notice being
given onAform provided by the Department:
.(Adjoining Landowner Name) (Address)
ftMVSHAcK LtiilbLE'V' �ivn EcEhl MOOE'FIJiNM CY 80! C& A D S ice°
APE REESF 6-i &5, 5-4CIJHXt W IrC rz
HOmAS U. Nu`� y�1125 P�e6Y Nu" ttach additional Iist if necessaury��' to ASNi�G �N, IVc. 7��y
I do also attest that the following individual is the chief administrative, officer of the county or
municipality in which the proposed mining site is located and that notice'of the pending: application has been
caused to be mailed, by certified or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
jaA u E10AO T CQUiU Fv ,,e, PQ:&ax LQd GAS111AACIDA)_ A/C7DH
The above attestation was made by me while under oath to rovide proof satisfactory to the -Department
that a reasonable effort has been made to notify the owners ofprecord of the adjoining land and the chief
administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A RC.A.C.
5B .0004(d). I understand that it is the responsibility of the applicant to retain `the receipts of mailing showing
that the' above notices were caused to be mailed and to provide them to the Department upon request.
1?_ ✓
Date 7
r
3
If person executing Affidavit is an agent or employee of an applicant, provide the following
n ,
information: (Name of applicant) S FRj/ ANSISCi4PIl r4-TNC ; (title of person
executing Affid it) SEC 1 rlees , _
a Notary Public of the County of ,
State of North Carolina, do hereby certify that �
personally appeared before me this day and under oath acknowledged that the above Affidavit was
made by him/her.
Witness my hand and notarial seal, this - '�21_ of
YY� a
Notary
My Commission expires: (�
-18-

0 •
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right'of entry and travel upon`our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries
on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in
order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is
ordered pursuant to G.S. 74-59. s:
LANDOWNER: APPLICANT
Signature Signature
Print Name: jiM m 'L, T F L0 G C kI Print Name: Tam M 1 Cf ; r A DG- _
Address P 0 'B D X 11 I `? Title: 2 E-C ZrRES,
S C, �� Compan du
y.
Telephone ©m E Mine Name: DG Er S�
*Signature must be the same as the individual who signed Page 1 of this application. .
propriate procMing(see next page for fee schedule) in the form a check or money' order
e to the North Carolina Department of Environment$ Health, and Natural Resources must be sent
QualityImUd i n fi at the address listed on the front cover of this application
form.
Inquiries regarding -the status of the review of this application should be directed to the Mining Progiam staff
at [phone].
-19-

MINING
+A nonrefundable permit application processing fee is required when filing for a new mining
permit, a major permit modification or a renewal permit as follows:
TYPE ACHES**
NEW PERMIT
MAJOR
RENEWAL
MODIFICATION
Clay 1 but less than 25
$500
$250
$250
25 but less than 50
1000
500
500 r
50 or more
1500
500
500
Sand &
1
but
less
than 5
150
100
100
Gravel,
Gemstone, and
5
but
less
than 25
250
100 =
100 '
Borrow pits
25
but
less
than 50
500
250
500
50
or
more
1000
500
500
Quarry,
1
but
less
than 10
250
100
100
Industrial
Minerals,
10
but
less
than 25
1000
250
500
Dimension
-Stone
25
but
less
than 50
1500
506
500
50
or
more
2500
500
500
Peat & 1 or more 2500 500 500
Phosphate
Gold (Heap
Leach), 1 or more 2500 500 500
Titanium &
Others
'A nonrefundable $50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name
changes, bond substitutions grid permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted
area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other
changes are considered major modifications.
**Acres for now permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land afffbctad by the
modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both.
3l94
•2o-

LAND QUALITY SECTION HEADQUARTERS
Firma M. Nevsits, Jr., P-E. James D. Simon, P.O-, P.S. - Chief Engineer - WMirm mast (ro" V*n=Q - SediEd mdw Currier - 510,
Section Chief S. Craig Deal, Y.S. -Stets Sedmenl Spest eia�Slmcb tst .. 019) 7U 4S74
512 N. Safid=y Sgtet David H. Ward - Assistant State Seamnat -t --.: Bt " PAX 0 (919) 733-2M
P. O. Da 276:7 Tracy S, Davis, R8- - State N&ft Speei>tGt sip P— k
Rakish, NC 27611 Judy Wehner - Assistant State Mbing Specialist
Tony I- Sampk - Aaestam State l(mgt Specialist vacant - Land Secretary
James K. Leumas, P.E. - State Dam Safety Figineer Stephanie Lam - Se&meat Dams
Jack, H. Palmer. E.J.T. - Assist. Stara Darn Safety Sfirsa Edwards-11dirg
EMS.
LAND QUALITY SECTION REGIONAL OFFICES
ASHEVELIE
MOORESVRIE
: _ WIIrB'IDN
SALEM
"RAIMGH
RXMARD PRELLPS, P S.
VACANT
DOUG NUI134 P.S.
XMN Hood Y, PXL.
burchange Bids-
919 North Main Sam
583 Wangktown Suva
39W Barren Drive
39 Woodfin Place
Mooresville, NC 29115
Wmetoo-Saleae, NC 27107
P. O. Box 27687
Asb"ilk, NC 28801
NC 27611
OOUR13:]t - 09-5S-01
COURIER - 06.7E-16
CO FLIER - 13-21.03
[phone]
DnERO1FFICE
(MO 251-6203 - (32)
[phone] - (54)
FAX [phone]
(919) 5714700 - (55)
FAX [phone]
FAX [phone](140
FAX [phone]
ALmsart Allegha�r
Ashe '
Avu7 Buncombe
Burke
Alexander uncotn
Caswell Davidson
Davie
Chatham Du&= Edyecumbe
Caldwea Cherokee
Clay
Cabarrus Mecklenburg
Forsyth Om7ford
Rockingham
Franklin GranvUh Halifax
Graham Haywood
Henderson
Catawba Rowan
Randolph Stakes
Surry
Johnston Lite Nash
Jacksoo Macon
Madison
Cleveland Stanly
Watauga Wilkes
Yadkin
Northampton Orange per
McDowell Mitchell
Polk
Gaston union
Vance Wake
Rutberford Swain
Transylvania
Bedell
warren wdS=
Ysxey
FAYE TEVELLE
VVELMWGPON
WASEMgGPON
JOE GLASS, P.E-
DAN SAMS, P.E.
FLOYD WHILAMS, P.O.
Wachovia Bldg.
127 Cardinal Drive, Ext.
1424 Carol® Avenue
Suhe 714
Wilmington, NC 29405-3845
Washington, NC 27899
Fayeusville, NC 28301
COURIER - 16-04-01
COURIER - 14-56-25
COURIER - 04-16-33
(919) 946-64E1 (56)
[phone] (53)
[phone] (57)
FAX [phone]
FAX [phone]
FAX [phone]
Beaflfort Berne
Camden
Amon Montgomery
Scotland
Brunswick New Hanover
Craven Ctanback
Chowan
Dart Gates
Btsdea Moore
Carteret Omdow
Greene HertSoed
Hyde Jana
Cmd=bnd Richmond
Columbus Flender
Lama edartio
Pam600
Haroec Rabeson
Duplin
Paagoofank
Pitt
Hake Saa>pson
Tyna Wasson
Wayne
7-1
REVOED 3196

• •
SCHEDULE Or RECLAMATION COSTS
based upon range or 500 - $5,000 per affected e
COMMODITY CODES: SG = Sand and/or Gravel, GO = Gemstone, Borrow =
Borrow/fill dirt, CS = Crushed Stone, DO = Dimension Stone, FS = Feldspar,
MI = Mica, LI = Lithium, PP = Pyrophyllite, OL-` = Olivine, KY -
Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL - Clay/Shale, PE - Peat,
AU = Gold, TI = Titanium, and OT = Other
Type T/S Ponds
SG, GS, $500/ac.(L)
Borrow 1500(FI)
CS, DS,- 500(L)
FS, MI, 1500(FI)
LI, PF,
OL, KY
PH, CL 1000(L)
2500(FI)
PE, AU, 1000(L)
TI, OT 2500(FI)
S.piles W.piles
$1800/ac. $2000/ac.
1800 2000
2500
2500
5000
3000
P.area/H.R.
$1800/ac.
2000
5000
3500
(L) - reclamation to a lake and revegetating sideslopes
(FI) - reclamation by filling in and revegetating
Mine Exoay.
$500/ad. (L)
2000(PD)
500 (L)
2500(PD)
2000(L)
5000 RD)
2000 (L)
5000(PD)
(PD) - reclamation by grading for positive drainage and
revegetating ri
AS PER NCAC 15A:5B.00030 IF YOU DISAGREE WITH THE BOND AMOUNT'DETERMINED'BY
THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT .AN ESTIMATE OF RECLAMATION
.COSTS FROM A THIRD PARTY,CONTRACT,OR. SAID ESTIMATE !LUST BE PROVIDED TO THE
FOLLOWING ADDRESS JJTHIN _30 DAYS FOLLOWING YOUR RECEIPT OF.THI8- BOND
CALCULATIONI
mining program
Land Quality Section
P.O. Bog 27687
Raleigh, North Carolina 276ii•
ALL ESZZKATRO MUSTCLUDE-THE ZOLLONXEG,
FINAL GRADING COSTS PER ACRE
- LIME AND FERTILIZER COSTS PER ACRE
YEAR-ROUND SEEDING MIXTURE COSTS PER: ACRE (FROM APPROVED
REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT)
MULCH AND ANCHORING COSTS PER ACRE
ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL' BOND
DETERMINATION. 10/16/95
l,000 copier of ddr public document wre p►tmed nt a cost of $364.010 or $46 per copy. 356
DEPARTMENT OF ENVIRONMENT, RE4L7H AND NATURAL RESOURCES
DAMON OF LAND RESOURCES - LAND QUALITY SECTION
-22-

•
P 054 389 648
US Postal Service
Receipt for Certifled Mail
No Insurance Coverage Provided.
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CATEGORY
GE
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
wastepiles
Processing Area/H Roads
Mine Excavation
9,5
Other
LA/ eu,
0
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Z�ll

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section OCT
(PERMITTED MINE)
I. 11,41NE NAME L ; ' "' 2. MINING PERMIT #
l
3. OPERATOR j r ,..: ' 4. COUNTY
5. ADDRESS '
6. PERMIT EXPIRATION DATE 7. RIVER BASIN
8. Person(s) contacted at site
9. Was mine operating at time of inspection? -61Yes E No 10. Pictures_ ? ❑ Yes ❑ No
11. Date last inspected: I I 12. Any mining since last inspection? ❑ Yes El No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? R. Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes ❑ No Proposed date // /
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator I 1
(date)
INSPECTED BY: DATE
Telephone No: 0 " -' j t°-`:�
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197