20220923_Modification_16-82

ROY COOPER
Governor
ELIZABETH S.BISER ,
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
September 23,2022
Noah Simpson
Thomas Simpson Construction Company, Inc.
PO Box 1850
Atlantic Beach,NC 28512
RE: Simpson Hocutt Mine
Mining Permit No. 16-82
Carteret County
Neuse River Basin
Dear Mr. Simpson:
Your recent request to have the above referenced mining permit modified has been approved. The modification is
to increase the permitted acreage to 7.00 acres and the affected acreage at this site to 5.19 acres as indicated in the
application, the mine maps revised September 1, 2022, and the supplemental information received July 1, 2022,
July 21, 2022, July 22, 2022,August 22,2022, and September 8, 2022. The modification includes the addition of
approximately 2 acres to the north of the previously permitted area,and to allow dewatering the excavation. 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: III.4.C,I11.5, III.9.
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 7.00 acres and the amount of land you are approved to disturb
is 5.19 acres.
Please contact me at(919)707-9220 if you have any questions.
Sincer
�.-.��
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Dan Sams, PE
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh.North Carolina 2 76 9 9-1612
.�..v.�r 919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND
RESOURCES
LAND QUALITY SECTION
PERNHT
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:
Thomas Simpson Construction Company,Inc.
Simpson Hocutt Mine
Carteret County-Permit No. 16-82
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.

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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. Issuance and Modifications. N.C.G.S.
April 26, 2021: This permit has been issued to Thomas Simpson Construction Company, Inc. for the
operation of a sand mine. Mining activities shall occur as indicated in the application, on the Mine Maps
sealed,January 18,2021 and the supplemental information received on January 25,2021.
September 23, 2022: This permit has been modified to increase the permitted area to 7.0 acres and the
affected area to 5.19 acres,as indicated in the application,the mine maps revised September 1,2022, and
the supplemental information received July 1, 2022, July 21, 2022, July 22, 2022, August 22, 2022, and
September 8, 2022. The modification includes the addition of approximately 2 acres to the north of the
previously permitted area,and to allow dewatering the excavation.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.
III. Operating, Conditions. N.C.G.S.
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the
following conditions and limitations:

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1. Wastewater and Quarry Dewatering.
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C.Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air Quality and Dust Control.
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental Management
Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall be
utilized to prevent dust from leaving the permitted area.
3. Buffer Zones.
A. Sufficient buffer(minimum 50 foot undisturbed)shall be maintained between any affected
land and any adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C.Environmental Management Commission.
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavations shall be diverted internal
to said excavations.
C. Mining activities, including dewatering activities and including the installation and
maintenance of the approved sediment basins and associated diversion channels, shall
occur as indicated in the application, the mine maps revised September 1, 2022, and the
supplemental information received July 1,2022,July 21,2022,July 22,2022,August 22,
2022,and September 8,2022.
5. Permanently Marked Boundaries.
All mining permit boundaries (7.0 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
6. Graded Slopes and Fills.
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-waXs.
Sufficient buffer as indicated on the mine map last revised September 1,2022 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 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. , 7� 4-52.
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$3,300.00 Irrevocable Standby
Letter of Credit, is sufficient to cover the operation as indicated in the approved application. This security
must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage.
VII. Archaeological Resources. N.C.G.S. §70-3.
1. Minimum Requirements.
A. Authorized representatives of the Division of Archives and History shall be granted access
to the site to determine the presence of significant archaeological resources.
B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act,"should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist,North Carolina Division of Archives and History.
VIII. Approved Reclamation Plan. N.C.G.S. §74-53.
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the
continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of
the permittee,which continues beyond the terms of the Mining Permit.
To comply with N.C.G.S. §74-53 the approved plan will provide:
1. Minimum Standards.
A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.

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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 restore the mine excavation to a lake area and to grade and revegetate the adjacent
disturbed areas.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
ii. 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.
iii. Any areas used for waste piles,screening,stockpiling,or other processing shall be
leveled and smoothed.
iv. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. III.1O.A
through I11.10.13.
V. 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
approved by Charles M. Cullipher P.E.on January 18,2021.
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

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mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52.
This permit, issued April 26, 2022, is hereby modified this 23rd day of September 2022 pursuant to
N.C.G.S. §74-52.
By: �li-� . ✓Y /=d A41
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

a"` a
ROY COOPER
Governor
ELIZABETH S. BISER fe,
Secretary NORTH CAROLINA
BRIAN WRENN Environmental Quality
Director
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 SR 1140 (Roberts Rd.) in Carteret County. The mining permit (no. 16-82) was modified on
September 23,2022.
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 150B-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 150B-23(f).
General Filing Instructions: A petition for contested case hearing must be in the form of a written petition,
conforming to NCGS 15013-23, 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 15013-23.2. 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).
* • s
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.govihearings-division/hearing-process/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 p���_
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