NCG020343_COMPLETE FILE - HISTORICAL_20111209

STORMWATER DIVISION CODING SHEET
RESCISSIONS .
PERMIT NO.
�ICvJa D 3N 3
DOC TYPE
COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
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YYYYMMDD

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
STATE OF NORTH CAROLINA, ex rel., )
DEE A. FREEMAN, SECRETARY,
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL }
RESOURCES, )
Plaintiff, )
V. )
ANDERSON SAND'& GRAVEL, LLC, )
GERALD L. ANDERSON, LLC, )
AND GERALD L. ANDERSON, }
JOINTLY AND SEVERALLY, )
}
Defendants. }
IN .THE GENERAL COURT OF JUSTICE
" SUPERIOR COURT DIVISION
I l CVS 1255
2. L1
DEFAULT JUDGMENT
THIS CAUSE being heard by the undersigned Clerk. of Superior Court of Craven County
upon motion of plaintiff for default judgment against defendants, and it appearing to the clerk
from the verified complaint that this is an action on a claim for a sum certain or a sum which by
computation can be made certain; that service was had upon defendants; that this court has
jurisdiction over the subject matter of this action; that defendants are not under disability and
have failed to plead or appear in the time allowed by law; that default has been entered and that
defendants are indebted to plaintiff in the sum of forty-nine thousand six hundred thirty dollars
and thirty-five cents ($49,630.35), plus interest at the legal rate from August 4, 2011, without set
off or counterclaim, and court costs in the amount of two hundred ninety dollars ($290.00),

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that plaintiff have and
recover of defendants, Anderson Sand & Gravel, LLC, Gerald L. Anderson, LLC, and Gerald L.
Anderson, the sum of forty-nine thousand six hundred thirty dollars and thirty-five cents
($49,630.35), plus interest at the legal rate from August 4, 2011, and costs of two hundred ninety
dollars ($290.00).
This the day of , 2011.
- i 1,f191xj'
Clerk of Superior o
Craven County

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
STATE OF NORTH CAROLINA, ex rel.,
DEE A. FREEMAN, SECRETARY,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES,
Plaintiff,
►v
ANDERSON SAND & GRAVEL, LLC,
GERALD L. ANDERSON, LLC,
AND GERALD L. ANDERSON,
JOINTLY AND SEVERALLY,
Defendants
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
" 11 CVS 1255
}
} ENTRY OF DEFAULT
}
}
}
THIS CAUSE being heard by the undersigned Clerk of Superior Court of Craven County
upon motion of plaintiff for entry of default against defendants, Anderson Sand & Gravel, LLC,
Gerald L. Anderson, LLC, and Gerald L. Anderson, and it appearing to the Clerk that service was
had upon defendants, that defendants are not under disability and have failed to plead in the time
allowed by law, and that defendants are subject to entry of default as provided by the Rules of
Civil Procedure.
NOW THEREFORE, default is hereby entered against defendants in this action as
provided by Rule 55(a) of the Rules of Civil Procedure.
This the I day of 4, 2011.

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
STATE OF NORTH CAROLINA, ex'r'el,. )
WILLIAM G. ROSS, JR., SECRETARY, )
NORTH-CAROLINA DEPARTMENT )
OF ENVIRONMENT, )
AND NATURAL RESOURCES, }
DIVISION OF LAND RESOURCES, }
and DIVISION OF WATER QUALITY, )
i )
GERA T r RS! :N, JAMES K. }
SPRL; ` �L, DP—'JE C. SPRUILL, )
PIERCE LANDING SUBDIVISION, LLC, )
and JIMMIE L. MORRIS & SONS, INC., )
jointly and severally, )
Defendants. )
IN THE GENERAL COURT OF JUSTICE
iSIMRIOR COURT DIVISION
05 CVS 02047
ORDER FOR
PERMANENT INJUNCTION
JUL 2 5 2008
THIS CAUSE was heard by the undersigned Superior Court Judge upon the application
of Plaintiff, the sovereign State of North Carolina, upon the relation of the Department of
Environment and Natural Resources (DENR or the Department), for entry of an extension of the
Preliminary Injunction filed on May 8, 2006, pursuant to N.C. Gen. Stat. § 1 13A-65, to prevent,
restrain, correct and abate violations of the Mining Act of 1971, N.C. Gen. Stat. § 74-46 et seq.
and laws enacted to protect the water quality of the State occurring at the site commonly known
as Anderson Mine/Spruill Town Mine located in Craven County, North Carolina. After
reviewing the verified Complaint filed in this action and hearing the evidence presented, this
Court finds that:

e - iwl
Av-6ejys
Cz

FINDINGS OF FACT
I . This civil enforcement action was commenced on December 5, 2005 by the
Sovereign State of North Carolina, on the relation of the Secretary of the North Carolina
Department of Environment and Natural Resources ("DENR"), seeking to enforce the mining
and water quality laws of the State of North Carolina.
2. The North Carolina Division of Land Resources ("DLR") is a division within
DENR, and the actions of DLR are the actions of Plaintiff.
The North Carolina Division of Water Quality ("DWQ") is a division within
DENR, and the actions of DWQ are the actions of Plaintiff.
4. Defendant Gerald Anderson is a citizen and resident of the State of North
Carolina and a resident of Craven County, North Carolina, and formerly did business as
Anderson Sand and Gravel, LLC in Craven County, North Carolina.
5. All Defendants other than Defendant Gerald Anderson own various tracts of lands
located on the south side of Spruill Town Road, near its intersection of U.S. Highway 17, south
of Vanceboro, Craven County, North Carolina.
6. Pursuant to the Court's July 9, 2007 Extension and Amendment Consent of
Preliminary Injunction, Plaintiff has stipulated that all named Defendants other than Defendant
Gerald Anderson are not in violation of the Mining Act or Water Quality Statutes with regard to
the matters at issue in this action,
7. At various times between May of 1995 through the present, Defendant Gerald
Anderson and various business entities owned or controlled by him conducted mining and
related activities on the lands of the other Defendants.

8. On May 26, 1995, Plaintiff's regulatory agent DWQ issued NPDES Permit No.
NCG020000, with an expiration date of November 30, 2004, to Gerald L. Anderson, LLC for
purposes of discharging mine dewatering and stormwater to receiving waters of the State of
North Carolina located on or near the properties owned by the other Defendants.
9. On September 18, 2000, Plaintiffs agent DLR issued Mining Permit No. 25-45 to
Anderson Sand and Gravel, LLC, with an expiration date of February 27, 2005. The terms of
this permit authorized Defendant Gerald Anderson to undertake specified mining activities on
the properties owned by the other Defendants.
10. On November 30, 2004, NPDES Permit No. NCG020000 expired without having
been renewed by Defendant Anderson or any of his related business entities.
11. On January 4, 2005, Plaintiff, through its agent DLR, inspected the mining and
related activities of Defendant Gerald Anderson and determined that various provisions of
Mining Permit No. 25-45 had been violated. At this time, DLR advised Defendant Anderson of
the need to install adequate sedimentation and erosion control measures along natural
watercourses, adequately re-establish all buffers as shown on the approved mine map, and to
submit a request to DLR to modify then -existing Mining Permit No. 25-45.
12. A Notice of Violation ("NOV") describing in detail the violations committed by
Defendant Anderson was sent to Defendant Anderson by Plaintiff's agent DLR by certified mail,
return receipt requested, on or about January 21, 2005. The Notice was signed.as received by
Defendant Anderson on January 27, 2005.
13. The terms of the January 21, 2005 NOV gave Defendant Anderson five days from
date of receipt to install adequate sedimentation and erosion control measures.

14. The terms of the January 21, 2005 NOV gave Defendant Anderson fifteen days
from date of receipt to: (a) adequately re-establish all buffers as shown on the approved mine
permit map; and (b) submit a request to DLR to modify the existing mining permit.
15. As of the present date, Defendant Gerald Anderson has not complied with any of
the provisions of the January 21, 2005 NOV issued by Plaintiffs agent, DLR.
16. The mining authorizations contained in Mining Permit No. 25-45 expired on
February 27, 2005. Pursuant to the (still effective) reclamation terms of this permit, Defendant
Gerald Anderson is required to complete mine reclamation upon all of the lands owned by the
other Defendants herein upon which any mining activity took place.
17. As of the present date, Defendant Gerald Anderson has failed to undertake or
complete the mine reclamation activities required by the terms of Mining Permit No. 25-45.
18. On March 1, 2005, authorized DLR,officials inspected the mining activities of
Defendant Gerald Anderson and confirmed that Defendant Gerald Anderson still was conducting
mining operations despite the expiration of his authorization to do so under the terms of Mining
Permit No. 25-45.
19. On March 3, 2005 and March 7, 2005, further inspections by DLR officials
confirmed continued unpermitted mining violations by Defendant Gerald Anderson at the mining
site, located on the lands owned by the other Defendants.
20. A second Notice of Violation was sent to Defendant Gerald Anderson by certified
mail, return receipt requested, on or about March 11, 2005, signed as received by Defendant
Gerald Anderson on March 24, 2005.

21. The second NOV directed Defendant Gerald Anderson to: (a) immediately cease
all mining activity at the site until a new permit was applied for and issued; (b) submit a new
mining application within 15 days of the date of NOV receipt for any desired continued mining;
and (c) commence reclamation of all inactive mining site areas within 60 days of the date of
NOV receipt.
22. The terms of the second NOV further directed Defendant Anderson to submit a
complete reclamation plan in accordance with the terms of Mining Permit No. 25-45 and
applicable law if Defendant Anderson desired to permanently cease all mining operations.
23. Authorized officials of Plaintiff's agent DLR again inspected the mining site on
March 30, 2005; April 6, 2005; April 28, 2005; April 29, 2005, May 9, 2005; and July 26, 2005
and confirmed that Defendant Anderson was still actively and unlawfully conducting mining
activities on the site without a valid permit and despite being repeatedly ordered to halt all
mining operations until a valid permit was obtained.
24. As of the present date, Defendant Gerald Anderson has failed to comply with any
of the terms of the second March 11, 2005 NOV.
25. On April 25, 2005, Plaintiffs agent DWQ sent a NOV and Notice of Enforcement
Recommendation to Defendant Gerald Anderson by certified mail, return receipt. requested, and
this NOV was signed as received by said Defendant on April 27, 2005.
26. Pursuant to the terms of the April 25, 2005 DWQ NOV, Defendant Anderson was
required to: (a) explain why Defendant Anderson had failed to comply with 404 wetlands permit
and 401 water quality certification laws; (b) provide DWQ with a map detailing exactly the
number of wetlands at the site, the wetlands impacted, total linear footage of streams on the site,

total linear footage of impacted streams on the site; and the acreage of riparian buffer impacts;
and (c) submit to DWQ a restoration plan for the site including stream and riparian restoration,
riparian zone planting, a wetlands restoration plan, and a final planting and monitoring plan.
27. On August 5, 2005, DWQ officials inspected the site and the results of the
inspection confirmed violation of numerous North Carolina Water Quality Laws and
implementing regulations, as more specifically set forth in Paragraph 35 of the Verified
Complaint.
28. On October 6, 2005, DLR officials inspected the site and confirmed that
Defendant Gerald Anderson continued to violate North Carolina mining law by conducting
mining activities without a valid permit, and failing to comply with the terms of either of the two
DLR NOVs.
29. On October 28, 2005, Plaintiffs agent DWQ assessed a civil penalty in the
amount of $44,933.84 against Defendant Gerald Anderson and all of the other landowner
Defendants as more specifically set forth in Paragraph 37 of the Verified Complaint.
30. Subsequently, this civil penalty assessment was rescinded in full as to all of the,
Defendants herein other than Defendant Gerald Anderson.
31. On or about December 27, 2005, Defendant Anderson and his attorney met with
representatives of Plaintiff to discuss resolving the enforcement issues brought against said
Defendant by Plaintiff in this action. As a result of that meeting, Defendant Anderson, after
having the advice of his counsel, consented to entry of a Temporary Restraining Order
containing various findings, terms and conditions, including a specific finding by the Court that
Defendant Gerald Anderson is "in violation of the Mining Act and Water Quality Statutes."

32. On December 15, 2005, the Court entered a Temporary Restraining Order,
returnable on or before January 9, 2006 requiring that Defendant Anderson cease all mining
activities until such time as he met a series of requirements to either bring the site into
compliance with the Mining Act and Water Quality Statutes or permanently close the mining
operation.
33. On January 9, 2006, the Court entered its Extension of Temporary Restraining
Order, returnable on or before January 23, 2006 (filed on January 10, 2006), in which, among
other things, the Court found that "Defendants are in violation of the Mining Statute and Water
Quality Laws." Defendant Gerald Anderson further was ordered by the Court to: (a)
immediately cease all mining activity except for approved reclamation activities unless and until
a valid mining permit is obtained; and (b) on or before January 17, 2005 (sic — should read
January 17, 2006), provide DWQ with a map detailing the number, extent and location of all
wetlands at the site, identifying the wetlands that were impacted, the total linear footage of
stream on the site, the total linear footage of stream impacts, and the acreage of riparian buffer
impacts.
34. Defendant Anderson was represented by counsel as of the entry of the Court's
January 9, 2006 Order,
35. Defendant Anderson failed to meet the Court's January 17, 2006 deadline.
36. On January 24, 2006, the Court entered a second. Extension of Temporary
Restraining Order, returnable on or before April 10, 2006, requiring Defendant Gerald Anderson
to, among other things, provide critical wetlands, stream and buffer impact information to

Plaintiff s agent DWQ, as specified in the prior DWQ NOV and orders of the Court, on or before
February 3. 2006.
37. Defendant Anderson was represented by counsel as of the entry of the Court's
January 24, 2006 Order,
38. Defendant Anderson failed to meet the Court's February 3, 2006 deadline.
39. On April 10, 2006, the Court entered a third Extension of Temporary Restraining
Order, returnable on or before May 8, 2006, requiring Defendant Gerald Anderson to, among
other things, provide critical wetlands, stream and buffer impact information to Plaintiff's agent
DWQ, as specified in the prior DWQ NOV and the orders of the Court, on or before May 8,
2006.
40. Defendant Anderson was represented by counsel as of the entry of the Court's
April 10, 2006 Order.
41. Defendant Anderson failed to meet the Court's May8, 2006 deadline.
42. On May 8, 2006, the Court entered a Consent Preliminary Injunction, containing
an expiration date of November 6, 2006, in which the Court recognized that Defendant Anderson
and his attorney met with representatives of Plaintiff on May 4, 2006, specifically repeated the
provisions of its prior temporary restraining orders applicable to Defendant Anderson, extended
until November 6, 2006 the deadline for Defendant Gerald Anderson to provide the specified
information to Plaintiff s agent DWQ, and further ordered Defendant Anderson to "maintain
sedimentation and erosion control measures sufficiently to prevent erosion and off -site
sedimentation."

43. Defendant Anderson was represented by counsel as of the entry of the Court's
May 8, 2006 Order.
44. Defendant Anderson failed to meet the Court's November 6, 2006 deadline.
45. On November 3, 2006, the Court entered an Order Extending Consent
Preliminary Injunction through and until December 4, 2006,
46. On December 4, 2006, with the consent of all parties, the Court entered its
Extension of Consent Preliminary Injunction through and including March 13, 2007, or such
time as the Motion for Permanent Injunction of Plaintiff is heard, containing the same terms as
the Court's May 8, 2006 Consent Preliminary Injunction.
47. On April 10, 2007, the Court entered an additional Extension of Consent
Preliminary Injunction through and including July 9, 2007, recognizing that all parties
participated in a court -ordered mediation process on April 3, 2007, and specifically finding that
Defendant Anderson alone was in violation of the Mining Act and Water Quality Statutes, and
containing more specific, mandatory requirements that Defendant Anderson: (a) continue to
refrain from all mining except for approved reclamation work at the site unless and until a valid
permit is obtained; (b) provide Plaintiff with a reclamation plan on or before May 15, 2007; (c)
provide DWQ with previously specified maps and information regarding wetlands, stream and
buffer impacts; and (d) maintain sedimentation and erosion control measures sufficient to
prevent off -site sedimentation.
48. Defendant Anderson was represented by counsel as of the entry of the Court's
April 10, 2007 Order.
49. Defendant Anderson has failed to meet the Court's May 15, 2007 deadline.

50. On or about June 26, 2007, counsel for Defendant Anderson moved to withdraw
from further representation of said Defendant. All parties other than Defendant Anderson
consented to the motion to withdraw.
51. On July 9, 2007, the Court entered its Order allowing Defendant Anderson's
counsel of record to withdraw from further representation of said Defendant.
52. On July 9, 2007, the Court entered an Order entitled "Extension and Amendment
Consent of Preliminary Injunction" in which Plaintiff stipulated, and the Court so found, that all
Defendants of record other than Defendant Gerald Anderson "are not in violation of the Mining
Act or Water Quality Statutes with regard to the matters at issue in this action," and to which all
parties other than Defendant Anderson consented. In this Order, the Court extended the terms of
its Preliminary Injunction through and including September 5, 2007, the scheduled trial date for
Plaintiffs efforts to obtain a permanent injunction against Defendant Anderson.
53. On August 29, 2007, by letter addressed to the Trial Court Administrator,
Defendant Gerald Anderson requested that this matter be continued from the Court's September
5, 2007 Final Trial Calendar. Defendant Anderson indicated that the basis for his request for
continuance was the fact that he had scheduled hip replacement surgery for September 4, 2007.
In this letter request, Defendant Anderson stated that "I have been going to the doctor for
approximately one year with pain in my right hip." The letter contains no statement or
documentation that the referenced hip replacement surgery was of an emergency nature.
54. Defendant Anderson's August 29, 2007 letter indicates that his September 4, 2007
surgery date was set as part of the routine scheduling process with his doctor and that "when they
`h
called, I was given the date of September 4

55. Defendant Anderson's letter does not indicate that at any point that he informed
his doctors of his lonb scheduled September 5, 2007 trial date, or of the September 4, 2007
calendar call for such cases.
56. By telephone and facsimile correspondence on August 29, 2007, the Trial Court
Administrator informed Defendant Anderson that "it will be necessary for you or an attorney
representing you to be present at the calendar call on Tuesday, September 4, 2007 at 10:00 a.m.
to request a continuance of the Court for the above -referenced trial. This matter was placed on
the trial calendar at your previous attorney's request, Mr. Amos Dawson, at the Administrative
Trial Calendar Conference, which was held on May 11, 2007."
57. On the morning of September 4, 2007, the Court conducted calendar call for the
scheduling of motions and trials. Defendant Anderson did not appear. No counsel representing
the interests of Defendant Anderson appeared. Counsel representing all other parties were
present and ready to proceed. Five witnesses representing the interest of the Sovereign State of
North Carolina through the Division of Land Quality and the Division of Water Quality, having
traveled from out-of-town, also were present and ready to testify as needed to further establish
Plaintiff's case.
58. On September 4, 2007, the Court heard a Motion to Deny Defendants' Request
for Jury Trial and entered an order denying Defendants' Request for a Jury Trial.
59. On September 4, 2007, the Court, on its own motion, extended the July 9, 2007
Consent Preliminary Injunction to December 3, 2007.
60. On September 7, 2007, the Court entered an Order to Show Cause ordering
Defendant Gerald Anderson to appear before the Superior Court Judge presiding over the County

Superior Court in New Bern, North Carolina on December 3, 2007, at 10:00 a.m., to show cause
as to why he should not be held in contempt of court unless he can establish to the Court's
satisfaction that the hip replacement surgery scheduled by Mr. Anderson was scheduled prior to
May 22, 2007 and that such surgery constituted a medical emergency; and to show cause why
the Defendant Anderson should not be held in contempt of court for failure to complete, on or
before 10:00 a.m. on December 3, 2007, each and every one of the requirements applicable to
Defendant Anderson as contained in the Court's July 9, 2007 Extension and Amendment of
Consent Preliminary Injunction.
61. Based on the result of Calendar call, Plaintiffs case was duly scheduled to be
heard during the week of December 3, 2007.
62. On November 30, 2007, Defendant Gerald Anderson faxed a letter to Plaintiff's
attorney addressed to Lexanne Huffman, Trial Court Administrator, requesting that his case is
continued until March, 2008, because "[p]rogress has been slow due to falling on my hip around
the middle of October" and because of "severe abdominal pain."
63. On the morning of December 3, 2007, the Court conducted calendar call for the
scheduling of motions and trials. Defendant Anderson did not appear. No counsel representing
the interests of Defendant Anderson appeared. Counsel representing all other parties were
present and ready to proceed. Five witnesses representing the interest of the Sovereign State of
North Carolina through the Division of Land Quality and the Division of Water Quality, having
traveled from out-of-town, also were present and ready to testify as needed to further establish
Plaintiff s case.

64. Defendant Gerald Anderson repeatedly and willfully has failed to meet the
deadlines contained in the Orders of this Court.
65. Defendant Gerald Anderson has not established good cause for his failure to
appear before this Court on September 4, 2007, for the call of the calendar.
66. Defendant Gerald Anderson has not established good cause for his failure to
appear before this Court on December 3, 2007, for the call of the calendar.
67. Defendant Gerald Anderson has not established good cause for his failure to
appear before the court on December 3, 2007 pursuant to an Order to Show Cause dated
September 27, 2007 and show cause for why to show why he should not be held in and punished
for contempt of this Court.
68. Defendant Gerald Anderson is neither a minor nor incompetent. Defendant
Anderson is familiar with the duties imposed by the laws of the State of North Carolina.
69. In the case at bar, Defendant Anderson repeatedly has requested additional time
from Plaintiff, the Court and the other landowner Defendants, indicating that he needed such
time to develop plans and otherwise seek to address and resolve the serious Mining Act and
Water Quality enforcement matters alleged against him by Plaintiff.
70. As of the present date, Defendant Anderson has not documented to this Court any
action or actions designed to address or resolve any of the enforcement issues identified in the
Verified Complaint or attached Notices of Violation and Civil Penalty Assessment.
71. Defendant Anderson has not accounted for the security bond required of him as
part of his reclamation obligations under the express terms of Mining Permit No. 25-45.

72. As of the date of this Order, no new counsel has filed a notice of appearance on
behalf of Defendant Gerald Anderson.
ORDER
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that:
. Defendant Anderson is in violation of the Mining Act and Water Quality Statutes;
all other Defendants have not been found to be in violation of the Mining Act and Water Quality
Statutes with regard to the matters at issue in this civil action (said other Defendants hereinafter
collectively are referred to as the "Landowner Defendants").
2. From the specific facts shown, Defendant Anderson's continued violation of the
requirements of the Mining Act and the State's water quality statutes will result in immediate,
irreparable injury to the State of North Carolina and its citizens;
3. That the Defendant Anderson shall:
a. continue to refrain from all mining activity except for approved
reclamation activities at the site until a valid mining permit has been
obtained by the Defendants;
b. provide the Plaintiff with an approvable reclamation plan no later than
February 4, 2008;
C. provide DWQ with a preliminary map detailing exactly the number,
extent, and locations of wetlands at the site, identifying the wetlands that
were impacted, the total linear footage of stream on the site, the total
linear footage of stream impacts, and the acreage of riparian buffer
impacts no later than February 4, 2008;

d. Maintain sedimentation and erosion control measures sufficiently to
prevent erosion and off -site sedimentation.
C. Reinstate the security bond as required for Mining Permit No. 25-45 no
later than February 4, 2008.
4. That the Landowner Defendants shall continue to grant Defendant Anderson or
Plaintiff reasonable rights to access their property for the purpose of fulfilling the terms of this
permanent injunction, with the understanding that Defendant Anderson, Plaintiff and any agents
thereof assume the risk of the relevant properties "as is," and with the understanding that
Defendant Anderson shall indemnify and hold harmless said Landowner Defendants with regard
to any actions taken by Defendant Anderson or his agents while on said properties, and
Defendant Anderson and his agents shall be responsible for any damages or harm inflicted to
said properties or otherwise as a result of Defendant Anderson's or his agent's visits to or
activities on the properties at issue here owned by said Landowner Defendants.
5. Defendant Gerald Anderson and his attorney met with Plaintiff on December 27,
2005 and May 4, 2006 to discuss resolving the environmental issues at the Spruill Town Mine.
Additionally the Plaintiff and all Defendants participated in court ordered mediation on April 3,
2007. Without admitting any liability, facts, or conclusions of law, the parties previously agreed
to a Consent Preliminary Injunction and several extensions in this matter as set forth herein.
6. That if any Landowner Defendant desires -to continue the prior mining operations,
or conduct other mining operations on the properties at issue, and assuming Defendant Anderson
shall have satisfied the aforementioned terms (or that one or more of the Landowner Defendants

voluntarily elect to assume same in an effort to obtain a mining permit in their names), said
Landowner Defendants shall also be required to:
a. submit an application for a new mining permit; the Division of Land
Resources will need any required permits and certifications from the Army
Corp of Engineers and the Division of Water Quality, including but not
limited to 404 permit (if applicable), 401 certification (if applicable), and
riparian buffer authorizations prior to issuing a new mining permit;
b. survey and establish, with adequate location markers, the approved
surveyed mining permit boundary within;
adequately reclaim, or submit binding plans to properly reclaim all
affected areas where Defendant Anderson's prior mining activities
took place outside the areas approved to be affected, pursuant to a
schedule approved by the Division of Land Resources;
d, adequately restore and mitigate wetlands, buffers, and streams
previously impacted by Defendant Anderson, or submit binding
plans to adequately restore and mitigate wetlands, buffers, and
streams previously impacted by Defendant Anderson;
e. apply for an individual NPDES permit from the Division of Water
Quality for the purpose of dewatering any proposed new mine or
mines;
f, within sixty (60) days of receiving the discharge permit from the
Division of Water Quality, provide a plan of the area to be

reclaimed with a schedule for implementation and commence
reclamation activities on the inactive sections of the affected areas
after of the approval of the plan;
7. That if Defendant Anderson desires to permanently close his existing mining
operation, Defendant Anderson shall:
a. submit to DLR a complete mine map delineating all affected areas
at the site no later than February 4, 2008;
b. submit to DLR a complete reclamation plan for all affected areas
within twenty (20) days of approval of restoration plans for
wetlands and streams. Plaintiff Division of Land Resources will
need any required permits and certifications from the Army Corp
of Engineers and the Division of Water Quality, including but not
limited to 404 permit (if applicable), 401 certification (if
applicable), and riparian buffer approvals, prior to approving the
reclamation plan;
C. adequately restore and mitigate impacted wetlands, buffers, and
streams pursuant to a schedule of reclamation approved by the
Division of Water Quality;
d. commence reclamation at the site within twenty (20) days of the
reclamation plan being approved and complete reclamation
pursuant to a schedule approved by the Division of Land
Resources.

8. Plaintiffs will issue no additional permits.or approve any additional plans
beyond what is necessary to fulfill the terms of the Permanent Injunction until the site is
determined to be in compliance with applicable environmental statutes and regulations or,
as to Landowner Defendants, until the Plaintiff has approved binding plans to adequately
restore and reclaim areas previously impacted by Defendant Anderson to bring such areas
in compliance with applicable environmental statutes and regulations.
9. The Landowner Defendants are permitted to conduct tests, including
drilling for the purpose of exploratory excavation pursuant to N.C. Gen. Stat. § 74-49
(7)(e).
10. Any violation of this Order for Permanent Injunction shall be enforceable by and
through the contempt powers of this Court pursuant to Chapter 5A of the North Carolina General
Statutes.
14. The Defendant Anderson is taxed with the cost of this action.
This the I day of December, ?007.4r..�,3 da�1
Honorable ssell J. L
Presiding Superior Court Judge

TI_4_ . '1'4 . 20j_1^ _ =,Aft STLIBB'LL; PF -J?UE
Jennifer K. nenninpton
t L'u:rie S. Biggs
Rodney A. Corrin
Amy M. Fabet
Jonathsn E.Fcimn I
John W. King, Jr. ' 1tiY'r't�RvEY9 f
Georgr. Vlsaon t7liver �-----_ .- - - - .-_
Trawick H. Stubbs, Jr. Stubbs & Rerduc-, PA.
Can, R. i erduc
(1947 - 1997) 3 1 C Crrvtn Srrcct
i'.O, Box 1054
Nca- ric n; i\otrh Carolina 2$563.1654
7, lkq'.•_cne (252) 63 1- 1c'0
Facsir ilc [phone]
HO. 207 F . 2
Rslcigh Office
6450 Falls of Neuse Road
Suite 206
Raleigh, North Carolina 27615
Telephone [phone]
Facsimile [phone]
TELEFILY MANSMITTAL
rThe information contained in this 'I'eiefax Transmittal message is AT19 \SEY
PRMLEGED AND CONFIDENTIAL IN OR.1W Tlpllt intended only far the use
of the individual or entity earned ac recipient. If the reader is not the intended
recipient, be hereby notified that any dissemination, distribution or copy of this
Communication is strictly prohibited. if you have received this communication in
error, please notify us immediately by teiepi,ilu�,, and return the original message to
us at the address indicated in this letterhead, via the United States Postal Service.
THANK YOU,
l DATE: 7.-23/2008 This it :awission coniists of this cover sheet and ages,
I
TO: NTC 01EIce of Attorney General j FR62W.- Jonathan E. Friesen
P - —
ATTYV: -is. ICAthryn Jones C'uopl�" OuR CLIF'.i .Vo.:
FACSIMILECVO,: 919-716-6766 TELEPHONE NO: 919-716-6600
E 0M.1MNTS.
DOCUMENT: Letter P c: Geraid Audc:rson Mine, Vanceboro, NC

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jcnnitcr k_ L3011A1'.li;i'on
Laurie B. Bigg;
rRodneyA, Curtin.
Arny M. Fabu
Jonadiatl F. Fiiesen
John W. }'.ing�?t.
Geor%e Mum Oliver
7raxick H, Srubbs, Jr.
Gay P.. Perdue
(1917 - 199; )
4n'rafy n E 1'8
S
AT !.A"t'4
St:ubl--15 & Perdue, F�A.
310 Craven Srrccr
PD. Box 1654
New Bern, `orch'Caralim 2856 .1654
Tclophu ne (152) 633•?,00
Faesir~ile (7.52) 633,9600
July 23, 2008
[T1A FA CSnNIRJ
ORIGINAL VIA LDS MAIL
Ms, Kat iTl ?ones Cooper
Spec. Dep. Attoru..:y General
1 I4 W. Edenton Street
9001 Mail Spice Ccnter
Raleigh, NC 37699
Rc: Fonne. FLndersop Mine Site
Craven County, North Carolina
Dear Kathryn,
Raleigh Office
8450 Fads of Neuse Road
Swine 266
Raleigh, North Carolina 27615
Telephone (919) 870N6258
Facsimile [phone]
'I bank you for i•eciacstinb a proposal from our client, Mr. James Spruill, regarding the former Anderson Mine
Site on Spruill Town Road xlear Vanceboro; 'North Carolina (the "Mine"). Mr. Spruill has been an
unfortunate victim of Mr. Anderson's activities merely by leasing the site to Mr. Anderson. In addition to
being forced to defend hilnsclf in both administrative proceedings and in Superior Court, Mx. Spruill had to
file a civil action to re") ti er several yeaxs of unpaid rent from Mr. Anderson. Unfortunately, it appears
urnlilcely that Mr. Spruill will recover the Stan, thot;sands of dollars of unpaid rent that he and his wife were
depending upon for their retirement. Mr. Spnull is now in leis inid-seventies, and he has told -me that he has
YTe1y nearly exhausted his life's savings. Your clielus' willitiowss to consider allowing anew mine permit is
enocuraging.
I have: spoken with Mr. Spruill and Mr. Andr w Purifby, a member of Carolina Stone, LLC, who is
i-ttere:sted in the kline. My client is notable to presciat a d�,tailed proposal at this time, because Mr. Purifoy
indicated that llc w,,eds to conduct exploratory drillzrg to deter.mitle the extent and value of the minerals at
the ,.Mine; however, Mr. Spruill's general proposal is as f��1 oll,)s: (1) that the Division of Land Resources or
othor appropriate agzzicy issue; a new Joining permit to Carolina Stone, LLC or to another qualified mane
operator; (2) that any ieclamation of the Mine required by the punnit to Gerald Anderson or his related
entities be delayed tuitil after the minerals ,ire extrac',od fi-otn the new mine; (3) that the reclamation of the
Mine be incorporated into the new mining Ponn:t and completed by the new mine operator.

UL.. A . 1-:11 ci ('i,'� . 2107 P . 3
In addition, my client understands that Mr. Anderson or his related entities mayhave disturbed wetlands that
the Division ofWater Quality would like to have restored. Although Mr. Spruill was not involved with Mr.
Anderson or his related entities, Mr. Spruill is kvilling to disct►ss mitigating the loss of the wetlands with
other property that he owns, in order to obtain a new thine permit.
Ms. f'urifoy indicated that he would be willing to pay for.rcrlatnation of the Mine after the minerals are
extracted undzr the: new mining permit. However; NIT, Purifoy stated that he must conduct more exploratory
drilling to estimate the amount and value of the minerals available: at the Mine before he can commit to pay
for the reclamation. CJnforva Lately, I understand ihat the Mine is now partially filled with water that must be
removed before Mt-. P"Ifoy can canduot further exploratory drilling. I also understand that removal of the
water may require a pernat from the Army ('otj)s of Engincers, or from the North Carolina. Division of
Water Quality, or both. Therefore, we also r:qucst your clients' assistance to obtain the pernrtits necessary to
remove water fi'otn the Mine in order to con.duet further e,fpluratory drilling.
Mr. Spruill tiw oWd appreciate any efforts by yov and your clients to obtain a new rhino permit. Mr. Spruill
had depended upon the property where the Mine located to generate income for his retirement, but instead
itc hzu not only not paid by Mr. Aii&,rson, h has lost a?i productive use ofi is property. From our
perspective. a r cwE mane permit is the perfcct sol aien to both your clients' need to have the ,Wne properly
reclaimed and my client's need to obtain berieficial use of his property. please share our -general proposal
Nvith your clients and contact me when you are able to discuss t~hc: matter,
Yo s t•ery ly,
✓Vr1 L:t 34 ad7. 1�. 14iM �.:I
- ; VfiT, Jaintn Sp.,mill

Gove.n .
William G. Ross k., Secretary
North Carolina Department of Emzronment and Namral Resources
..ter.;..
June 12, 2006
Mr. Gerald L. Anderson -
Anderson Sand & Gravel
P.O. Box 568
Bridgeton, NC 28519
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: Stormwater General Permit NCG020000
Operations and Maintenance Reminder
Anderson Sand & Gravel
COC Number NCG020343
Craven County
Dear Permittee:
Our records indicate that you have been issued a Stormwater General Permit and a Certificate
of Coverage for your facility. These permits have specific conditions that must be met in order for you
to be in compliance with your permit. It is your responsibility, as the permit holder, to read and
comply with the conditions contained in the permit.
It is our responsibility, as the issuing authority, to make sure that the operation and
maintenance of your facility complies with the conditions contained in your permit. To assist you in
complying with these conditions, we are attaching a Technical Bulletin specific to your permit
requirements. We are currently in the process of developing our inspection schedule. Therefore, you
should have all of your records up to date as we may be contacting you in the near future'to set up
an inspection of your facility.
If you have any questions, please do not hesitate to contact Samir Dumpor. Pat Durrett or
myself at [phone].
Sincerely
� 1 C� j
AI Hodge, Supervisor
Washington Regional Office
Surface Water Protection Unit
Encl.
CC: WaRO files
North Carolina Division of Water Qualit3- Interna r2o.enr.state.nc.Ls
943 Washingion Square Mall Phone: [phone] ont
Washington, NC 27889 FAX [phone] N orthCarohna
An Equal OpportunitylAffirmative Action Employer — 50% FRerydedf10% Post Consumer Pacer Naturally

of
CERTIFIED MAIL
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4/24/2003
Alan W. Klimek, P.E. Director
Division of Water Quality
RETURN RECEIPT REQUESTED
Gerald Anderson r,
f
Gerald L Anderson LLC ZQ03
PO Boz 568 `j,1
Bridgeton NC 2B519 `=�' �� " "" p�
SUBJECT: NOTICE NOF UMBER VIOLATION ANDREVOCATION FOR NON PAYMENTPERMIT 342 ,, v 0 20G3
Gerald L Anderson LLC
Craven COUNTY D,,,�j� Q �J WAR^
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $80.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1 a) and (1b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Jim Mulligan, Washington Water duality Regional Supervisor, [phone].
cc: Supevisor, Water Quality Permits and Engineering Unit
Washington Regional Office
County Health Department
Sincerely,
Alan W. Klimek, P.E.
1617 Mail Service Center, Raleigh, NC 27699-1617
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled 110% post -consumer paper

CERTIFIED MML
RETURN RECEIPT REQUESTED
Mr, Gerald Anderson
Gerald L. Anderson, LLC
P.O. Box 568
Bridgeton, NC 28519
Michael F. Easley, Govenor
William G. Ross, Jr. Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
March 12, 2001
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
Gerald Anderson, LLC Mine
NPDES Permit No. NCG020000
Certificate Of Coverage NCG020296
Craven County
Dear Mr. Anderson:
On February 23, 2001, Mr. Robert Tankard, Division of Water Quality (DWQ), inspected
the sand mine located on NCSR 1143, James City. The inspection of the site was to review an
operation and monitoring plan for the Gerald L. Anderson LLC Mine, submitted by Avolis
Engineering that was received by DWQ on February 2, 2001. Mr. Tankard observed the mine
being dewatered with the water being discharged to an unnamed tributary to Hoods Creek. The
mine had a series of check dams in place to prevent water from flowing from the wetlands.
However, the groundwater in the pit adjacent to the wetlands was approximately five feet below
surface and the wetlands had been drained.
You are hereby notified that the dewatering of the mine prior to receiving approval of a
pump and monitoring plan is a violation ofNPDES Permit No. NCG020000. The permit states
that "Mine dewatering activities that have the potential to drain wetlands must comply with the
following requirements: Operation and Monitoring Plan approved by the Division." Dewatering
of the mine without approval constitutes a violation of the permit.
WRY
You are advised that "a civil penalty, in accordance with the maximums established by
N.C.G.S. 143-215.6(a)(2), may be assessed against a person who is required but fails to apply for
or to secure a permit required by G.S. 143-215,1, or who violates or fails to act in accordance
with the terms, conditions, or requirements of such permit." NCGS 143-215.6 further provides
that "if any action or failure to act is continuous, the Commission may assess a penalty for as
long as the violation continues_"
943 Washington Square Mail, Washington, North Carolina 27889 Teiephone (252) 946fi481 FAX [phone]
An Equal Opportunity AClirmativc Action

Notice of Violation
Mr. Gerald Anderson
March 12, 2001
If you have an explanation for these violations that you wish to present, please respond in
writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your
explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director along with an enforcement package for his
consideration.
If you have any questions regarding this matter please contact Robert Tankard in this
office at [phone], extension 233.
Cc: Lan�uality, WaRO
.-XAR0 WQ Files
CENTRAL FILES
Sincerely,
Jim Mulligan
Regional Supervisor
m
Cr
Ln
700 r1-rc-s
0
r�
n...
CEI
.��
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Postage $
-314
Certified Fee
r 4 F'.
1 "C
��3ostmait5�
Return Receipt Fee
Her (9
r`-
(Endorsement Required)
1
0.
w
0
Restricted Delivery Fee
� r
0
(Endorsement Required)
G
Total Postage & Foes $
3 rco
t�
MR GERALD ANDERSON
GERALD L ANDERSON
LLC. -------------------
o
PO BOX 568
r.-
BRIDGETON
NC 28519
............
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action
J

04-RO
Michael F. Easley, Govenor
William G. Ross, Jr. Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
March 12, 2001
Mr. Gerald Anderson
Gerald-L. Anderson, LLC
P.O. Box 568
Bridgeton, NC 28519
Subject: Operation and Monitoring Plan
Gerald Anderson, LLC Mine
NPDES Permit No, NCG020000
Certificate Of Coverage NCG020296
Craven County
Dear Mr. Anderson:
On February 2, 2001, this office received the Operation and Monitoring Plan submitted
by Avolis Engineering on January 30, 2001. On February 23, 2001, your site was inspected and
found that you were dewatering your mine site prior to having the plan approved and that the
wetlands that the plan was supposed to protect had been drained. After reviewing your plan, this
office cannot make recommendations on approving the plan because the site conditions are not
what were proposed in the plan. This office recommends you either stop the dewatering activity
such that site conditions will go back to a normal state and restore the wetland or you resubmit
the plan with the present conditions of the site on how you propose to protect and restore the
wetlands from any future draining.
If you or your engineer should have any questions regarding this matter please contact
Robert Tankard in this office at [phone], extension 233.
Sincerely,
a't l
Robert Tankard
Environmental Engineer
Cc: Avolis Engineering
Land Quality, WaRO
ARO WQ Files .
CENTRAL FILES
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action

+r
1
SENDER:
I also wish to receive the
■ Complete roams t ands i.
2 for additional servlceowing
■ Complete items 3, 4a, and 4b.
foll services (for an
■ Print yoyw name and address on the reverse of thin form so that we can return this
extra fee):
■ Attach this foal, to the front of the maitpiom, or on the heck
M space does not
1. ❑ Addressee's Address
_ I
ppeerrnd.
■ Write Ratum Receipt Requestad'on the mallpiece below the article number.
2. ❑ Restricted Delivery
�
■ The Return Rgcolpt will show to whom the artk9e was delivered and the datedeliv
Consult postmaster for See.
3. Article Addressed to:
4a. Article Number
MR GERALD ANDERSOPd
4b. Service Type
GERALD L ANDERSON LLC
❑ Registered Certified
p0 BOX 568
+
❑ i! I Express Mansured
c
'BRIDGE'TON NC 28519
❑ Retum Rewipt for Merchandise ❑ COD
i
7. Date of Deiivery
S. Received y: (P1int Nam
8. Addressee's Address (Only if requested
and fee is paid) + '
6. 5ignatur ( ant)
�.
X
w
_q
PS Form 3 11, December 1994
tozses fas•e ozza Domestic Return Receipt

Z/
State of North Carolina
.Department of Environment
'and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Gerald L. Anderson
PO Box 568
Bridgeton, NC 28519
Dear Mr. Anderson:
M1.1;4A
IT 0
A&
'MARI
NGD_E-N_R_,____._--
May 12, 2000 I i� ! MAY 3 1 2000
WASWNGTON REGIONAL OFFICE
MCI
Subject: Permit Modification -Name and
Ownership Change
Gerald L. Anderson, LLC
Permit No. NCG020342
(formerly Hare & Son. Landscaping Service
Inc.)
Craven County
In accordance with your request received January 24, 2000, the Division is forwarding the subject
permit. The changes in this permit are only with regard to a name and an ownership. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6,
1983.
This permit does not affect the legal requirement to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act, or any other Federal or Local government permit that may be required.
If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone
number [phone], extension 542.
Sincerely,
la�44W_l
Kerr T. Stevens
cc: Central Files
Washington Regional Office, Water Quality Section
Stormwater and General Permits Unit
Point Source Compliance Unit
1617 Mail Service Center Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
\-

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020342
STORMWATER AND PROCESS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Gerald L. Anderson, LLC
is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and
discharges associated with mine dewatering and process wastewater from a facility located at
Gerald L. Anderson, LLC
PO Box 12098
New Bern
Craven County
to receiving waters designated as an unnamed tributary to Upper Broad Creek in the Neuse River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, II1, IV,
V, VI and VII of General Permit No. NCGO20000 as attached.
This certificate of coverage shall become effective May 12, 2000.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 12, 2000.
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission

iT
GERALD L. ANDERSON
, LLC
Post Office Box 548
Bridgeton, NC 28519
April 11, 2000
CERRTTEFIED & RETURNED RECEIPT
FAXED
Mr. Bradley Bennett
State of North Carolina
Dept. of Environment, Health & Natural Resources
Div. of Environmental Management
PO Box 29535
Raleigh, NC 27626-0535
SUBJECT: GENERAL PERMIT #NCG020000
Ed Hare & Son Landscaping Service
COC NCG020342
Craven County
Dear Mr. Bennett:
[phone]
[phone]
L AN 1 2 2000 r.
Enclosed is a copy of my letter that was sent to your department on January 17, 2000. As
of this date, I have received no correspondence or answer from my letter on General
Permit # NCG020000.
Please advise me of your intentions concerning this matter.
If you need further information, please contact me at 1-800-45I-8296.
Sincerely,
Gerald L, Anderson
Enclosure
CC: Roger Thorpe �X .
Bill. Crew
Providing Quafity and Service

i

Posr. 0MCL- Box
EWdgetom NC2
L. AivDEFSCN, LLC
- lamLary 17 -2000
FST CLASS MAIL
FA:=
Mr aradleyr B ennett
State ofNorth Carolina
Dept ofEnvironmenr,
He�.h8e'* Natrsaisl�saurees
Pfr.Erom7S535
Ka.ieigtt NC ZT6Z6-0535-
STIBJEL'T � PERMIr � NCGOZ0000'
Fd Ham. & Sbrr LandscaWng. S emce
CO CiNCG020347-
Craven CbUMy-
Dear Siir-
(252) 633=5100.
(800) 4rx7'-62-%
Pfim=considerthis. as my notice that said permit be transferred to Geraid Anderson, LLC.
i her renewsi fee of 5400.00 was, paid irr June of i 99T and this assured continued coverage -
under the: ugpaeraLperrm
Me:letterthatl.havesm=that°the"certif=e-ofcoverage: is not transferable except arter
notice to the: D ivisiorr of: Envirorunenmi Management" .
usin�it-.r5-same_
permit. We are pumping water from the same snot Mr. Hare used. Also the discharge
,oes in the same holding pond, with the, same nixes and ditches in place - NOTHING IS
D=RENT. 1 just bought Mr. Hare Right's and permits to dig and discharge.
Your attention to this matter is greatly appreciated.
Si rely,
erald L.:�nderson
CC. Roger Thorpe
Bill Crew
°roviding Quality ana Service

Aember of
Craven i QUOT wMissioners
1979-1980 1_7
YC House of Rapreawtaum
1984-4998
Mr. Bill Crew
Division of Land Quality
943 Washington Square Mail
Washington, NC 27889
DearErd:
N
Aaaersaja
January 20, 2000
?.9. Box 568
Bndgetan. AC 2850
(.M) 683-6tOO
FAX [phone] f 9
BAN 2 1 2000
3
r
WASNINGCON REGIONAL OMU_
Ft Q
Please finrnish me with a copy of the mining.peratit for a lake dug on Two Lakes Trail of
Broad Creek Road. It: would be in one of the following names: (I) James Chance
Investment, ( 2) James Chancey personal or (3) James Chance Construction. I would also
like a copy of the dewatering permit for said mine.
Thank you for your assistance in this matter.
Sincerely,
d L. Anderson
CC: Roger Thorpe

GERALD L. ANDERSON, LLC
Post Office Box 548
Bridgeton, NC 28519
January 17, 2000
FIRST CLASS MAIL
FAXED
Mr, Bradley Bennett
State of North Carolina
Dept. of Environment,
Health & Natural Resources
Div. of Environmental Management
PO Box'29535
Raleigh, NC 27626-0535
SUBJECT: GENERAL PERMIT -4 NCG020000
Ed Hare & Son Landscaping Service
COC NCG020342,
Craven County
Dear Sir:''•
[phone]
[phone]
! JAN 2 1 2000 , !
�s
WASHINGTON RFEGID AI. OFFICE
DWO
Please iconsider. thisias my notice that said permit be transferred to Gerald Anderson, LLC
The renewal fee of $400.00 was paid in June of 1997 and this assured continued coverage
under the general permit.
The letter that t have states that "the certificate of coverage is not transferable except after
notice to the Division of Environmental Management".
tl at lhannnn "n -ken places cin— \/fr.. Ware was using this saT1'1P_..
Please -be aWaTi'-uia� iiv %aiui�.4� �.....,.. }..................._.. ._,.. ..
permit. We are pumping water from the same spot Mr. Hare used. Also the discharge
goes in the same holding pond, with the same pipes and ditches in place - NOT%i'TNG IS
DIFFERENT. I just bought Mr. Hare Right's and permits to dig and discharge.
Your attention to this matter is greatly appreciated.
Sincerely,
-._•�I ,.`r��:RV-1 � .•�. I r. � � .• -... �. �{ �. ..iff!'..''. i 'i_ +'fi? L''=".I;: :fi :�".•l:,i�'.^. .. r
arald;L•,.vAnderson;
CC:'. Roger Thorpe
Bill Crew
Providing Quality and Service

. .,r r �
..
r¢. �.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Hawes, Secretary
A. Preston Howard, Jr:, P.E, Director
May 20,1997
TOBY HARE
ED HARE & SON LANDSCAPING SER
P.O. BOX 12098
NEW BERM, NC 28562
Subject: NPDES Stormwater Permit Renewal
Permit.COC NCG020342
Craves County
%a- -
Your facility is, currently covered for stormwater discharge -under General PermitNCGO20000.
This permit expires on August 31, 1997. We are currently in the -process -of rewritting the
NCGO20000 permit and are scheduled to have the permit. reissued by the fall of 1997. Once the
permit is reissued your facility would bee eligible�for continued'coverage:
In order to assure your continued coverage- under the•general permit; you. must apply to the
Division of Water Quality (DWQ) for renewal of your permit coverage. Enclosed you.will find a
general permit renewal form. This form serves two purposes.. First, it is an application for
renewal of your permit. Second, it serves as an invoice for the $400.00 application processing
fee required.to process,your application request. To assure continued coverage -under the general
permit this form -must be completed and returned along -with the fee by 7 une 27, 1997'.
Failure to request renewal within this time period may result in a civil assessment of at least
$250.00. Larger penalties may be assessed depending on the delinquency of the request.
Discharge of stormwater from your facility without coverage under a. valid stormwater NPDES
r�rrryit wouid-cornstinite a :•'i-1atio n of NI ? 43-11 S 1-nnnri rnniri resin-t L accPcsTnentC Of civil
r
penalties of up to $10,000 per day.
If you have any questions regarding the permit renewal procedures please contact Robert
Tankard of the Washington Regional Office at [phone] or Aisha Lau of the Stormwater
Group at [phone] ext. 578.
Sincerely,
Bradley Bennett, Supervisor
Stormwater Group
cc: Central Files
Washington Regional Office
P-O. Box 29535. Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]

'State. of North Carolina.
Departrrrent7 of Environment,
Healtfr and- Natura[ Resources
Division of Environmental Management
James: B'. Hunt-, Jr., Govemor
Jonathan B. Howes-, Secretary
A. Preston Howard, Jr., P.E, Director,
.Tune 28, 1996
Toby Haste
Ed Hama & Som..Landscaping: Sez
P:O. Bbx.12098;
NewBean; NC 28562
00% 000ft allow
>EE"r1%JF=1
Subject: G-eneraLPermit:No: NCG020000
FAMm=A3bmran1iscapung; Sex
(MCLaCGOZOT4Z
CiavemCounty:
Dear Toby Hare:
In accordance -with -your application fordischarge permitrecei.ved.on-April 25, 1996, we are -forwarding
herewith the subject- certificate of coverage to discharge underthe subject- state- - NPDES genera[ permit. This
permit is. issued pursuant to the requirements of North Carolina General Statute.14-3-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental, Protection agency dated
December 6. 1983.
If any parts, measurement, frequencies or sampling requirements contained in this permit are
unacceptable to you, you, have the right to request an individual permit by submitting an individual permit
application_ Unless such demand' is- made, this .certificate -of coverage shall be final and binding.
P1��taice:n.ocice--th=thiscertificateof coverage is.not transferable:exceptafter.notice to the Division
Of Envu�IIaTi iiw xinita eu"i�Il i�Lir`x�iirii Of,��.'u-vuo=Linental ivanagement-may-requu- -rnodii iaiion or
........ntin znc! :eissuanc.8 r)f the ; er iftcate of cnverage.
i riffs permit does not affect the iegai requirements to obtain other permits wr icn may oe required by tits
Division of Environmental Management or permits required by the Division or Land Resources. Coastal
Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any question concerning this permit. please contact MS. A1SHA LAU at telephone number
919/733-5083.
Sincerely,
�-
A. Preston Howard. Jr. P.E.
cc: Washington Regional Office
EPA
N.u. tiox z9o:35, Haieigh, North Caroiina i eiepnone y i�-7J-3 a 1= FAX �.- i 1 JJ-G •�O
An Equai Opportunity Affirmative Action Empioyer 5090 recycteol 1010 oost-consumer waoer

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH. AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
LN t ; : i 1 1
STORMWATER. MINE DEWATERING, AND/OR OVERFLOW FROM
PROCESS WATER RECYCLE SYSTEMS DISCHARGES
In compliance°witlrthe provision of North. Carolina.General Statute 141-215.1, otherlawfui standards and
regulations promulgated and adopted by the North'Carolina Envimmnental Management -Commission, and the -
Federal Water Pollution Control Act, as amended,
Ed Hare & Son .inc-
is hereby authorized. to construct and operaw-a.treatment-system-for mine dewatering and/or recycle systems process
wastewater overflow with- the discharges of treated wastewater and discharge stormwater from a facility located at
7.C: Holton Sand Pit
Broad Creek Road
New Bem
Craven County
to receiving waters designated as an unnamed tributary to Upper Broad Creels, a class SC SW NSW stream in the
Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, III
and IV of General Permit No. NCG020000 as attached.
-ri.r..f�,�y4,P nFn�,rPrMrtO Cn!fIt I1PI`�m PFFF` ji�P �,inP 7Q S�O�i
This Certificate of Coverage shall remain in effect for the duration of the Generai Permit.
Signed this day June ` 3. 1996-
. 3l4y j
rA. Preston Howard. Jr.. P.E.. Director
Division of Environmental Management
By Authority of the Envtronmentai Management Commission

Mate of North Carolina
6
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bi11 Holman, Secretary
Kerr T. Stevens, Director
December 17, 1999
TOBY HARE
HARE & SON LANDSCAPING SERVICE INC
P.O. BOX 12098
NEW BERN, NC 28562
LT1.1;WA
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
� Ili
1.J u DEC 1 5 1999
0AgwI-JGTa0J REGIONAL OrFICE
Subject: Reissue - NPDES Storm water Permit DWQ
Hare & Son Landscaping Service -Inc
COC Number NCG020342
Craven County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG020000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
* A copy of general stormwater permit NCO020000
* Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form
* A copy of a Technical Bulletin on this permit which outlines permit components and
addresses frequently asked questions
* A Certificate of Coverage for your facility
* DWQ fee schedule
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or
decree.
Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective
January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit.
You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter.
If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater
and General Permits Unit at [phone], ext. 584
Sincerely,
for Kerr T. Stevens
Director, Division of Water Quality
cc: Central Files
Washington Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020342
STORMWATER AND PROCESS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
HARE & SON LANDSCAPING SERVICE INC
is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and
discharges associated with mine dewatering and process wastewater from a facility located at
HARE & SON LANDSCAPING SERVICE INC
P.O. BOX 12098
NEW BERN
CRAVEN COUNTY
to receiving waters designated as a UT of Upper Broad Creek in the Neuse River Basin in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, III, IV, V, and VI of
General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective December 17, 1999.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day December 17, 1999.
".
for Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 28, 1996
Tina Anderson
Anderson Sand & Gravel
223 N Cardinal Lane
Wilmington , NC 23405
A F:.'
DEHNR
Subject: General Permit No. NCG020000
Anderson Sand & Gravel
COC NCG020343
Craven County
Dear Tina Anderson
RECEtvF-D
"SHINGTON OFFICE
NOV 0 1 1996
D. L M,
In accordance with your application for discharge permit received on May 15, 1996, we are forwarding
herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of
the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management
Act or any other federal or Local governmental permit that may be required.
If you have any question concerning this permit, please contact MR. ANTONIO EVANS at telephone
number 919/733-5683.
cc: Wa`sliirigton Rcbioi�al Of1ic
1? 1'A
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
OWNAL SIGNED BY
BRA€1LEY BENNETT
A. Preston Howard, Jr. P.E.
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020343
STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM
PROCESS WA"rER RECYCLE SYSTEMS DISCHARGES
NATIONAL -POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Anderson Sand and Gravel
is hereby authorized to construct and operate or continue operation of a treatment system for mine dewatering and/or
recycle systems process wastewater overflow with the discharges of treated wastewater and/or construct and discharge
stormwater from a facility located at
Anderson Sand and Gravel
221 Spruill 'town Rd.
Craven County
to receiving waters designated as an unnamed tributary to Bear Branch , Class C Sw NSW in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, III
and IV of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective October 29, 1996.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day October 28, 1996.
OFMNAL SIGNED BY
OR4[ H BENNETf
A. Preston Howard, Jr.. P.E., Director
Division of Water Quality
By Authority of' the Environmental Management Commission

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J1T
Stat6 f North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Toby Hare
Ed Hare & Son Landscaping Ser
P.O. 13ox 12098
NewBern, NC 28562
Dear Toby Hare:
.010%- Axpn%ft _070ftt
EHNF1
{
WASH NGTONEOFFICE
JUL 0 1 1996
June 28, 1996
06 L 114,
Subject: General Permit No. NCG020000
Ed Hare & Son Landscaping Ser
COC NCG020342
Craven County
In accordance with your application for discharge permit received on April 25, 1996, we are forwarding
herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmentai Management, The Division of Environmental Management may require modification or
:rvncation incd reissimnr:c of the certificate of cow rage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal
Area Management Act or any other- Federal or Local governmental permit that may be required.
If you have any question concerning this permit, please contact MS. AISHA LAU at telephone number
919/733-5083.
Sincerely, BR1G*1AL JIP� BY
BRADLEY BEHN FT
A. Preston Howard, Jr. P.E.
\cc:`Washington Regional Office
EPA
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020342
STORM WATER, MINE DEWATER1NG, AND/OR OVERFLOW FROM
PROCESS WATER RECYCLE SYSTEMS DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Ed Hare & Son Inc.
is hereby authorized to construct and operate a treatment system for mine dewatering and/or recycle systems process
wastewater overflow with the discharges of treated wastewater and discharge storniwater from a facility located at
J.C. Holton Sand Pit
Broad Creek Road
New Bern
Craven County
to receiving waters designated as an unnamed tributary to Upper Broad Creek, a class SC SW NSW stream in the
Neuse River Basin
in accordance with the effluent limitations, monitoring requirements. and other conditions set forth in Parts 1, 11, II1
and IV of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective Junc 28, 1996.
This Certificate of Coverage shaii remain in effect for the duration of the General Permit.
Signed this day June 28, 1996.
OWGIi�iFl L SIGRED BY
BRADLEY BENNE n'
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

UNITED STATES
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State of North Carolina
Department of. Environment,
Health and Natural Resources
Division of Environmental Management WASHINGTON OFFICE
James B. Hunt, Jr., Governor MAY S 1 1995
Jonathan B. Howes, Secretary D. E M.
A. Preston Howard, Jr., P.E., Director
May 26, 1995
Gerald Anderson
Gerald L Anderson,Llc
P.O. Box 568
Bridgeton; NC 28519
Subject: General Permit No. NCG020000
Gerald L Anderson,Llc
COC NCG020300
Craven County
Dear Gerald Anderson
In accordance with your application for discharge permit received on April 17, 1995, we are forwarding
herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .l and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmental Management. The Division of Environmental Management may require modification or
revocation and reissuance of the certificate of coverage.
per-mit does not affect the legal requirements to obtain outer pe mints h"'ch gray 5e requimu by u c
Division of Environmental Management or permits required by the Division of Land Resources, Coastal
Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any question concerning this permit, please contact MR. BILL MILLS at telephone number
919/733-5083.
cc:� ington-Regional•Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
:01L�11s i?. ilI'tI'l
A. Preston Howard, Jr. P.E.
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG02000Q
CERTIFICATE OF COVERAGE NO, NCG020300
STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM
PROCESS WATER RECYCLE SYSTEMS DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In comp lance with tt:e provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Gerald L. Anderson, LLC
is hereby authorized to discharge mine dewatering and stormwater from a facility located at
Gerald L. Anderson, LLC Mine
Vanceboro
Craven County
to receiving waters designated as an unnamed tributary to Swift Creek in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III
and IV of General Permit No. NCG020000 as attached.
This Certificate of Coverage shall become effective May 26, 1995.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 26, 1995.
A. Preston Howard, Jr., P.E., Director '
Division of Environmental Management
By Authority of the Environmental Management Commission

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MAY-09-1995 15:26 FROM DEM WATER QUALITY SECTION TO WARP P,01i05
State of North Carolina
f Department of Environment,
Health and Natural Resources s
James 5. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
Steven J. Levitos, Deputy Socrotory E> E M Ft
Division of Environmental Management
Water Quality Section
P.O. Box 29535
Raleigh, N.C. 276264Q535
FAK(919) 733-9919
i FAX TO: 'A?o64- ", -,Ara -- LZaa I FAX NUMBER:
FROM: -j l` [( A
PHONE: [phone]
NO. OF PAGES INCLUDING THIS SHEEP:
a� 9� 'k le4 `fidi$
rn Coo
0
An Equal O000rtuntty Affirmative Action Employer

MAY-09-1995 15:27 FROM DEN WATER QUALITY SECTION TO
WARO P.02/05
DATE RECEIVED
NOTICE OF INTENT RECUESTING COVERAGE UNDER THE
MINING ACTIVITIES GENERAL NPDES PERMIT NOG020000
Complete this Notice of Intent (Npl) and mail. to the following address
North Carolina Divlslon of Environmental Management
Water Ouality Section. NPIDES Group,
P.O- Box 2205
10"''°'4�{3r1 3� Raleigh, North Carolina, 27926-DS35
1 The NO] must toe a=rnpanied with a general permit filing fee of $40100. The check should i>e
made out to the North Carolina Department of Environment, Health, and Na u ai Resources.
Faeiljbt Q cIIerLOp&rn1or
Name: GMRALD L. AMERSMLLC
Address: P.O. BOX 568
City: BRIDQMQL_ State: ..rNC —
Zip: 28519 PhOna: 919 1 633-2830 W
y'
Address; U.S HIGHWAY 17
. Ctly: vAriczo State: r , rp:_'
. h County: _CRAVEN _ phone r 9191 633-2830
Physical Location Intofmatiom
(Street address, slate road number, distance and direction from roadway Interseation, =d
attach a Copy of a county mW or U5GS quad with the Wartion of the facility marked on the map.)
1 .5 MILES 97X1TM%W OF TOM OF VANCEWM AT ONG U.S. HIGMAY 17
[Agency tme only: titude 35-1 5-00 Longitude
ITDI 02 PAGE I

MAY-09-1995 15:27 FROM
UEM WATER QUALITY SECTION TO
WARD P.03i05
f
'..Ty06'of minerals mined at this faaity;
SAND
Standard Induatrlal Classification (SIC CODE): ,_ _ (for activity for which the facility is
primarily . engaged)
MIS is an ` existing facility or a x proposed facility.
If proposed, date operation is to begin
Discharges are to
(name of receiving waters or, if to a separate
storm sewer System, name of the separate storm sewer system) SWM CREEK
A. Does this facility have any NPDES Permits? —yes? fro If yes, NPDr:S No.
D. Are vehicle maintenance activities occurring on site? _ yes X no
C. Are mitre dewafering discharges omrring? x yes Ito
p. Are discharges of overflows from process wastewater treatment systems oaeurrMng? ,,,yes xno
if yes. complete the following on the wastewater treatment system:
1. Please describe the type of process used to treat and/or recycle the process
wastewater. Give design specifics (i.e. design volume, retention time, surface area,
etc.). Existing treatment facilities should be described In detail and design criteria or
operational data should be provided (including calculations) to ensure that the facility
can comply with requirements of the General Permit.
R
NOTE: Construction of any wastewater treatment facilities. require submission of three (3) .
sets of plans and specifications along with their application. Design of treatment
facilities must comply with requirements 15A NCAC 2H .0138. It conctruction of
wastewater treatment facilities applies to the discharge of process wastewater,
Include three sets -of plans and specifications with this application.
2. Does this facility employ chemical additives to fiacculale su"rided wilds? _yes x no
If yes, please state the name, manufacturer and the quantify of average daily usage of
the chemical additive
3. Does this facttrty overflow only during rainfall events exceeding the 10"year, 24•hour
rainfall event? files X no
E. Doea this facility -employ any best management practices for storrnwater control? x yas _no
I< yes, please describe
N01 02
PAGE 2

MAY-09-1995 15:28 FROM DEN WATER QUALITY SECTION TO
WARO P.04/05
F. Number of discharge points
Mime Dewaiering �,2 Stormwaler
Process Wastewater Overflowt t) ;
Pleasa provide short narrative description of discharges
wAsHERYsue 'm sE rmn )`'=. WATER FRCM SEDIMEW PDND WIM ' aE DISCHAR=
TO SWI-n cam.
1 hereby request coverage under the referer4ed General Permit. I understand that coverage
under this permit will constitute the permit requirements for the discharges) and is
enforceable in the same manner as an Individual permit.
1 agme to abide by the following as a part of coverage under this General Permit:
1. 1 agree tp abide by tM approved 4dtining Pennit for this raining activity. ( A copy of the valid mining
permit must be attached to this roquost.
Y. I agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPOEG permit specirwAtlr issued therefore.
3. l agree that bulk storage o1 petroleum pmd=% and other chemicals than have adequfto proteetion so
as to oattaiA all spills on the site.
4. 1 agree that solid wastes wttl be disposed of to w4ordance with N.G. statutes. and rules governing
solid waste disposal.
S. 1 agree that maintenance activities for vehicles and heavy equipment will be perlorrnad ao as to not
result In contamination of the surfaw or ground waters.
I agree to abide by ft provisions as bored above and rrcogh4o that the provisions are to be Considered
as enforceable requiremertits of the General Permit.
I tertity that i am famillar with the inrormslion contained in the apptieuion wW that to tyro best of my
know artd belief such information is true, complets. and adcumts.
FARM 114 1995 w�
owrEt
date
name of person signing abovo (printed or typed) title
North Carolina General Statute 143-215.61B (1) provides that; Any person who knowingly
makes any false statement, representatlon, or certir-%ation in any application, retard, report,
Eelan or other document filed or required to be maintained tinder Article 21 or regulations of the
nvironmental Management Commission Implementing that Article, or who falsifies, tampers
with or knowingly renders inaccurate any reoording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implsrnantrng that Article, shall bo guilty or a misdemeanor punishable by a fine
not to exceed $10,000, or by imprisonment not to exceed sit months, or by Moth. (163 U.S.C-
Section 1001 provides a punishment by a fine of not more than ;$10,0D4 or imprisonment not
more than 6 years, or both, for similar offam.)

MAY-09-1995 15:28 FROM DEN WATER QUALITY SECTION TO WARO P.05/05
oo
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TOTAL P.05

_0-96 MON 2:031 PM AvCCCOP° NEW EERN
w,
State of North Carolina I
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James U. Hunt, Jr.; Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P-E., Director
Mr. Toby Hare
Fd Hare & Sons Inc.
P.O. Box 12098
Nwe Bern, NC 28562
Dear Mr. Hare:
FAX NO, 9193335030
A
li 0 2
IDEmEw F1
May 13, 1996
Subject: NPDP-S Stormwatcr Pcrmit Application
.i.C, Holton Saud Pit
NCGO20342
Craven County
' F, 2
Your general stormwater permit application was received by fts office on April 25,1996.
The applicatior ooackage that was submitted was insufficient. The following information is
required before your permit can be processed.
- A. copy of one of the following; a USGS quad, city or county map that shows major
roads and bodies of water with your facility cleariy marked and labeled.
- A copy of your valid mining penTU for tMs facility.
It is requested that the above information be submitted by May 31, 1996 or your permit
application will be returned to you. If your application is returned you will be in violation of
current NPDES regulatory requirements. Please reference the number NCGO20342 when mailing
or faxing this information to this office.
If you have any questions please feel free to contact me at [phone], extension 578.
Sincerely,
A /-, /-e 4
Aisha H. Lau
Pern iN and Engineering Branch
P.O. Cox 29535, Ralolrlh, North Carolina 27629-0535 Tolephone 919-733.5083 FAX [phone]
An Equal Oppertun;ty Affirmative Acfion Employer 50% realcled/ 10% post•consurner paper

M
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 21, 1995
Gerald Anderson
Gerald L Anderson, Llc Mine
P.Q. Box 568
Bridgeton, NC 28519
4••
ID FE I F z1
RECEIVED
WASHINGTON OFFICE
Alan 2 6 1995
D. E. M.
Subject: General Permit No. NCG020000
Gerald L Anderson, Llc Mine
COC NCG020296
Craven County
Dear Gerald Anderson :
In accordance with your application for discharge permit received on March 17, 1995, we are
forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmental Management. The Division of Environmental Management may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal
Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any question concerning this permit, please contact MR.ANTONIOEVANS at telephone
number 919/733-5083.
cc: Washington Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely, t;.
�if2inal Sig Ied ;ir
A. Preston Howard, Jr. P.E.
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020296
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Gerald L. Anderson, LLC Mine
is hereby authorized to discharge stormwater from a facility located at
Gerald L. Anderson, L'LC Mine
Brices Creek Road (SR 1004)
New Bern, NC
Craven County
to receiving waters designated as Hoods Creek in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III
and IV of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective April 21, 1995.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 21, 1995.
s..�id' —1
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NOTICE OF INTENT REQUESTING COVERAGE UNDER THE
MINING ACTIVITIES GENERAL NPDES PERMIT NCG020000
Complete this Notice of intent (N01) and; mail to the ,allowing address
North Carolina Division of Erivironrnentat Management
Water Ouality Section, NPDES Group,
P.O- BOX 28535
Raleigh, North Carolina, 27626-0535
7t-- NO[ must be aaoompanied with a general permit filing fee of S40Q.00. Tie check should be
made out to the North Carolina Department of Environment, Health, and Natural Resources_
Facili"wnQr/0 r�}g, ator I13fo[Mgtion.,
Hams; Gerald L. Anderson, LLC__ . _.
Address: P.O. Box 568
Ghy: w
Bridgeton
S'.ate:
NC
-
ZIP-
28519
Phone: t
919 ) 633-2830
Facility Leca ibn information_
Name; _ _Gerald L. Anderson, LLC Mine ._
Address: Brices Creek .Road (SR 1004 )
City: „ New R-rn _-- _ State: NC Zip: 28562
County: Qzdypj3 phone f 919 ] 633-2830
Physi ;al Lo^.ation information: `
(Stree', address, stale road number, distance and direction from roadway intersection, Bald
ana& a copy of a county map or USGS quad wlth the iocaVon of the face ity marked on the map.)
200 feet._ Lhwest from intersection of SR 1004 and SR 1143
JAVency use only: Latitude 35 03' 00" Longitude _7r07' 30"
NID: 02 PAGE

Type of minerals mined at this facility:
Topsoil, -Sand, Limestone-
Standard Industrial Classification MC CODE): (for activity for which the facility is
primarily engaged)
This is an _ existing facility or a x - proposed facility.
if proposed, date operation Is to bsgin _ 1 /95^
Discharges are to floods Creek, Brices Creels
(name of receiving waters at, if to a separate
storm sewer system, name of the separate storm sewer system)
A- Does this facility have any WDES Permits? —yes Inc If yes, NPDES No.
S. Are yehicie maintenance activities occurring on site? _ yes x no
C. Are mine dewatering discharges occurring? _ yes X no
D. Are discharges of overflows from process wastewater treatment systems occurring? ,-_yesX no
If yes, complete the following ion the wastewater treatment system:
1. Please describe the type of process used to treat and/or recycle the process
wastewater. Give design specifics (i.e. design volume, retention time, surface area,
otc.). Existing treatment facilities should be described In detail and design crderia or
operational date should be provided (including calculations) to ensure that the facility
can comply with requirements of the General Permit.
NOTE: Construction of any wastewater treatment facilities require submission of three (3)
sets of plans and specifications along with their application. Design of treatment
facilities must dornply with requirements 15A NCAC 2N .0138. if cons"ction of
wastewater treatment facilities applies to the discharge of process wastewater,
include three sets of plans and specifications with this appTcation.
2. Does this facility employ chemical eft5ves to flocculate suspended solids? _yes _no
If yes, please state the name, manufacturer and the quantity of average daffy usage of.
the chemical additive.-
3. Does this facility overflow only during rainfall events exceeding the 10-year. 24-hour
E. Does this facility employ any best Management practices for slormwater control?X yes _no
If yes, please describe _
NO_ C2 FAGZ' 2

F. Number of dscharge points
Mina D8watering 0 Stormwater 1
Procass Wastewater Overflows 0 ;
Please provide short narrative descriptlon of discharges eme na disc e of stormwater
to Hoods Creek wetland area -
I hereby request coverage tinder the referenced General Permit. I understand that coverage
under this permit will constitute the permit requirements for the discharge(s) and is
enforceable in the same manner as an.indrridust permit.
l agree to abide by the following as a part of covarage under this General Permit:
1. 1 agree to abide by the approved Kning Nrm' for this ruining activity. ( A copy of the valid mining
permit must be attached Io this request.
2. 1 agree to not, discharge any sanitary wastuwate- from this mining activity except under the
provisions of another NPIDES Permit cpecificaliv issued therefore.
3. l agree that bulk etoraeo of petroleum products and other chemicals shall have adequate protection so
as to contain all cplflr. on the alas.
4. l agree that solid wastes will be disposed of in a=rdance with N.C. statutes and rules goveming
solid waste disposal.
5. 1 agme that maintenanos activities for vehiclas and heavy equipment wilt be performed so as to not
result in contamination of the surface or ground waters.
I a;roe to abide by the provisions as Baled above and recognize that the provisions are to be considered
as enforrsabia requirements of the Genera) Permit
I certify that I am familiar with the information contained in the application and that tc the bast of my
know' and belief such information is trio, complete, and accurate.
sign to
Gerald L. Anderson, LLC Owner
name of person signing above {printed or typed) titla
North Carolina General Statute 143-216.6E (i1 provides that: Any person who knowingly
makes any false statement, representation, or certification in any application. record, report,
plan or other document filed or required to be maintained ursder Arlicie 21 or regulations of the
Environmental Manctoement Commission Implernenling that Artide, or who falsNies, tampers
wit'I or knowingly renders inaccurate any recording or monitoring device or method required to
DE up_rated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, small be guilty of a misdemeanor punishable by a fine
not to exceed $10,000, or by imprisonment not to ex:xed six months, or by bolh. ;1e U.S.C.
Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not
more than 5 years, or boat, for similar offense.;
NO- 102 PAGE 3

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AREA DIAGRAM
page 1 of 1
Show afl surrounding buildings and roads within 1500 feet of the equipment covered by this application. Att. h a site diagram identify•
ing each emission source kocation(s), property. boundaries and building (structure) dimensions (height, width, ar length).
iS00 feet
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INSTRUCTIONS
DESCRIPTION
], indicate location and type of building by the use of small
(1) 1DEa aC—F—
numbered circles with the decription below.
(2) brj�lc�
2. Show roads as lines representing the road edges. Indicate
(3)
(4)
street names and highway numbers.
(5)
3. Show wooded or cleared area by approximate boundary
(b)
lines and the words "woods", "cleared", "cornfield", etc.
(7)
(9)
(10)
Example:
(1) Chur;h
(2) Residence