20220920_Modification_81-10

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
September 20, 2022
Dean Givens
Town of Lake Lure
PO Box 225
Lake Lure,NC 28746
RE: Morse Park Mine
Mining Permit No. 8 1-10
Rutherford County
Broad River Basin
Dear Mr. Givens:
Your recent request to have the above referenced mining permit modified has been approved. The modification is
to increase the permitted area to 111.16 acres and the affected area to 100.22 acres as indicated in the application,
the mine maps sealed June 16, 2022, and the supplemental information received July 2, 2021, and June 21, 2022.
The modification adds new area east of the previous permitted boundary. The modification also permits the use of
direct excavation through the use of truck and loader/excavator,etc.within the permitted boundary when the water
levels are lowered,and dredge access is limited. 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 ensure compliance with The Mining Act of 1971. The
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: 111.5.1), 111.51, IV,VI, VIII.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 111.16 acres and the amount of land you are approved to disturb
is 100.22 acres.
Please contact me at(919)707-9220 if you have any questions.
Sincerely,
'e r-*��204�
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Ms. Shawna Riddle
D F Q�� North Carolina Department of Environmental QualityI Division of Energy,Mineral and Land Resources
512 North Salisbury street 1 1612 Mail Service center I Raleigh.North Carolina 2 76 9 9-1612�+. /� 919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND
RESOURCES
LAND QUALITY SECTION
PERNUT
For the operation of a mining activity
In accordance with the provisions of N.C.G.S. §74-46 through 68,"The
Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other
applicable laws,rules,and regulations
Permission is hereby granted to:
Town of Lake Lure
Morse Park Mine
Rutherford County-Permit No. 81-10
for the operation of a
Sand Dredging Operation
Which shall provide that the usefulness,productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

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In accordance with the application for this mining permit, which is hereby approved by the Department of
Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation
Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the
surrounding environment and for reclamation of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan.
However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond
or other security on file with the Department,and may survive the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by virtue of a sale, lease,assignment or otherwise,the
Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided
that both operators have complied with the requirements of the Mining Act and that the successor operator agrees
to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or permittee's successor is not complying with the
Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements
of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend
the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right
to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the
Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures
authorized by law.
I. Definitions. N.C.G.S. §74-49.
Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have
the same meaning as supplied by the Mining Act,N.C.G.S. §74-49.
II. Modifications. N.C.G.S. §74-52.
August 2. 2017: This permit has been modified to increase the permitted acreage to 68.70 acres and the
affected acreage at this site to 53.85 acres as indicated on the Overall Plan last revised January 2017. The
modification includes the addition of a processing area referred to as the Happy Hollow/Boys Camp Mining
Site and includes the installation and maintenance of all associated erosion and sediment control measures.
December 1.2017: This permit has been issued for the life of site or the duration of the lease term.
September 20,2022: This permit has been modified to increase the permitted area to 111.16 acres and the
affected area to 100.22 acres as indicated in the application,the mine maps sealed June 16, 2022, and the
supplemental information received July 2,2021, and June 21,2022. The modification adds new area east
of the previous permitted boundary. The modification also permits the use of direct excavation through the
use of truck and loader/excavator, etc. within the permitted boundary when the water levels are lowered,
and dredge access is limited.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.

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III. Operating Conditions. N.C.G.S.
This Permit shall be subject to the provisions of the Mining Act,N.C.N.C.G.S. §74-46,et. seq.,and to the
following conditions and limitations:
1. Wastewater and Quarry Dewatering.
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C.Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C.Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air Quality and Dust Control.
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental Management
Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall be
utilized to prevent dust from leaving the permitted area.
3. Buffer Zones.
A. The channel of the lake shall not be constricted or widened.
B. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C.Environmental Management Commission.
C. Riparian vegetation shall be planted immediately to stabilize any exposed banks to prevent
continued erosion of said lake banks.
D. A minimum 25 foot wide undisturbed buffer shall be maintained along the bank,except in
those minimal areas where access during the operation is essential (i.e., boat ramps,
discharge pipes, etc.). At such access points,all stabilizing roots and stumps shall not be
removed or otherwise disturbed on the bank.
E. No mining shall occur in Lake Lure between March 1 and June 30 to protect fish spawning
activities in the mining area.
4. Hydraulic Dredge.
The following steps shall be taken at this mine site to ensure safety to boaters and others who may
use the section of the lake covered by this mining permit:
A. Signs shall be placed on the bank of the lake at the upstream extremity and the downstream
extremity of dredging operations warning lake traffic of the dredging operation.

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B. The dredge shall operate in the lake only during daylight hours. When the dredge is in
operation in the lake, the dredge shall at no time be operating closer than 25 feet to the
bank. When lake traffic approaches,the operator shall cease pumping and idle the dredge
and the operator shall wait to resume operations until the lake traffic passes. If the boater
is headed towards the side of the dredge where the pontoon supported pipeline is located,
the operator shall exit the pilot house and flag traffic around to the opposite side of the
dredge.
C. The cables extending from the dredge to the bank shall be up and out of the water at all
times except possibly when one cable is slackened in anticipation of moving the dredge
using the opposite winch. This technique shall not be undertaken when there is lake traffic
in the area. With the cables extending upwards to the bank,the cables shall be at least eight
(8)feet above the water level and easily avoidable by lake traffic. Highly visible markers
shall be used to mark the cables.
D. If an anchor system set in the middle of the lake is utilized,the cables extending from the
dredge to the anchor system shall extend parallel with the flow of the water and shall be
under water to a depth of at least three feet at the anchor. A buoy shall be used to mark the
location of the anchor.
E. No dredging operations shall be performed at any time when the level of the lake exceeds
three feet above normal lake level.
F. When the dredge is moored at the side of the lake, all piping and portions of the dredge
shall be tied off such that no part of the dredge or equipment extends out from the bank by
more than 20 feet.
5. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.
B. All surface water runoff from the processing, stockpile and waste piles at the site shall be
diverted to the existing sediment basins/pits or other appropriate erosion and sedimentation
control structures.
C. The existing boat ramp shall be stabilized with vegetation and rip-rap or large pieces of
concrete, such as lengths of broken curb and gutter,to prevent erosion and sedimentation
problems from occurring at said boat ramp.
D. Mining activities, including the installation and maintenance of the approved sediment
basins and associated diversion channels,shall occur as indicated on the Mine Maps sealed
June 16,2022,and the supplemental information received July 2,2021,and June 21,2022
E. During periods of normal water levels only a hydraulic dredge shall be used to excavate
material from the lakebed.
F. Direct excavation through the use of truck and loader/excavator, etc. shall be permitted
when the lake levels are lowered for infrastructure projects related to the gravity collection
system,dam,and wastewater treatment plant.
6. Graded Slopes and Fills.
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,

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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. Surface Drainage.
The affected land shall be graded so as to prevent collection of pools of water that are,or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
8. Visual Screening.
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. Buffer Between Mining Permit Boundaries and/or Right-of-ways.
Sufficient buffer (minimum 25 foot) shall be maintained between any mining activity and any
mining permit boundary, right-of-way, bridge abutment, or other structure 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 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 N.C.G.S. §74-49 (14)of The Mining Act of 1971 generated
on-site and directly associated with the mining activity may be disposed of in a designated
refuse area. All other waste products must be disposed of in a disposal facility approved
by the Division of Waste Management. No petroleum products, acids, solvents or their
storage containers or any other material that may be considered hazardous shall be disposed
of within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically
listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971):
i. on-site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. drill steel.
D. If mining refuse is to be permanently disposed within the mining permit boundary, the
following information must be provided to and approved by the Division of Energy,
Mineral and Land Resources prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
ii. a list of refuse items to be disposed.

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iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,
V. verification that a permanent vegetative groundcover will be established.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S.
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52.
The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any
part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
VI. Bonding. N.C.G.S. §74-54.
The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a$66,200.00 cash security, is
sufficient to cover the operation as indicated in the approved application. This security must remain in
force for this permit to be valid. The total affected land shall not exceed the bonded acreage.
VII. Archaeological Resources. N.C.G.S. §70-3.
1. Minimum Requirements.
A. Authorized representatives of the Division of Archives and History shall be granted access
to the site to determine the presence of significant archaeological resources.
B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act,"should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist,North Carolina Division of Archives and History.
VIII. Approved Reclamation Plan. N.C.G.S.
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 terns of the Mining Permit.
To comply with N.C.G.S. §74-53 the approved plan will provide:
1. Minimum Standards.
A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.

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C. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use of
the land.
D. No small pools of water shall be allowed to collect or remain on the mined area that are,or
are likely to become noxious,odious,or foul.
E. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan,which shall to the extent feasible provide reclamation simultaneous with mining
operations and in any event, provide reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
2. Reclamation Conditions.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to grade and revegetate the disturbed land areas.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. The channel banks shall be restored to as near the natural condition as possible.
ii. The processing plant, dredge, dredge pipes and sediment basin pipes shall be
removed from the site upon termination of mining activities prior to final grading
and seeding of the affected area.
iii. Any settling ponds or sediment basins shall be backfilled, leveled,and stabilized.
iv. Any areas used for waste piles, screening, stockpiling, processing, or other
disturbed areas,including the haul road,shall be leveled,smoothed,and stabilized.
V. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
vi. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. I11.10.A
through III.10.D.
vii. The affected land shall be graded to prevent the collection of noxious or foul water.
3. Revegetation Plan.
After site preparation,all disturbed land areas shall be revegetated as per the Revegetation Plan as
shown on sheet C002 of the Mine Maps sealed June 16,2022, by Hyden M. Hoggard, PE.
All disturbed lake banks shall be planted with riparian vegetation. It is suggested that reed canary
grass be sown at a rate of 15 lbs. Per acre with a mixture of small trees (dogwood,willow,alder,
and button bush)and large trees(red maple,green ash, sycamore, cottonwood, bald cypress,river
birch and catalpa).
Any woody debris(slash or large trees)removed during development of the site should be placed
along the outer stockpile/compost area construction limits in the form of brush piles and downed
logs to provide cover and nesting habitat for wildlife.

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Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass, Indian grass,bluestem,and gamma grass.
In addition,the permittee shall consult with a professional wildlife biologist with the N.C.Wildlife
Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Issuance and Modification Summary. N.C.G.S. §74-51 and V4-52.
This permit issued January 21, 2016, and modified August 2, 2017, and December 1, 2017, is hereby
modified this 20th day of September 2022 pursuant to N.C.G.S. §74-52.
By:
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION
You have previously expressed an interest and/or are listed as an adjoining landowner in the mining application for
mining activities off Boys Camp Rd. in Rutherford County. The mining permit (no. 81-10) was modified on
September 20,2022.
Right of Persons Aggrieved to File a Contested Case for the Issuance of a New Mining Permit: Pursuant to
NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 15013-
23 in the Office of Administrative Hearings within 60 days after the Division provides notice of its decision on a
permit application.
Right of Persons Aggrieved to File a Contested Case for the Issuance of a Modification to a Mining Permit:
Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing
a petition under NCGS 15OB-23 in the Office of Administrative Hearings within 30 days after the Division provides
notice of its decision on a permit application,as provided in NCGS 15013-23(f).
General Filing Instructions: A petition for contested case hearing must be in the form of a written petition,
conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church
Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 150B-23.2. A petition for contested
case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at
https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a
petition are set forth at 26 NCAC Chapter 03.
Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means
authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality:
William F. Lane,General Counsel
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also
serve the permittee in accordance with NCGS 150B-23(a).
r �
Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information
is available at https://www.oah.nc.eov/hearings-division/hearingprocess/filing-contested-case. Please contact the
Office of Administrative Hearings at(984) 236-1850 or [e-mail] with all questions regarding
the filing fee and/or the details of the filing proc s�
to 0�
Brian Wrenn
Director
Division of Energy,Mineral,and Land Resources
North Carolina Department of Environmental Quality
This notice was mailed on
Brenda Harris
Mining Program Administrative Assistant