NCG520074_Permit (Issuance)_20060929

Mr. Joel J. Greene
Carl Rose and Sons, Inc.
217 Asphalt Trail
Elkin, North Carolina 28621
Dear Mr. Greene:
Michael F. Easley, Govemor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
September 29, 2006
Subject: General Permit No. NCG520000
Certificate of Coverage NCG520074
Dale Rose Pit
Yadkin County
General Permit Coverage : In accordance with your application for discharge, the Division is 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 Statue 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
May 9, 1994 (or as subsequently amended).
The following information is included with your permit package:
• A copy of the Certificate of Coverage for your treatment facility
• A copy of General Wastewater Discharge Permit NCG520000
• A copy of a Technical Bulletin for General Sand Mining Discharge Permit NCG520000
If any parts, measurement frequencies or sampling requirements contained in this general 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, the 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.
NPDES Permit Contact. If you have any questions concerning the requirements of this permit, please
contact Toya Fields at telephone number 919-733-5083, extension 551.
Sincerely,
IF
(7214-CW7(limek,:P.E.
cc: Central Files
NPDES General Permit Files
Winston-Salem Regional Office, Surface Water Protection Section
Technical Assistance and Certification
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://www.ncwaterquality.org
An Equal Opporlunity/Aftirmative Action Employer
One
NorthCarolina
JVaturally

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
CERTIFICATE OF COVERAGE NCG520000
GENERAL PERMIT NO. NCG520074
TO DISCHARGE
SAND DREDGING WASTEWATER
AND SIMILAR WASTEWATERS UNDER THE
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,
Carl Rose and Sons, Inc.
is hereby authorized to operate a treatment system consisting of a settling basin and discharge
channel with the discharge of treated wastewater from a facility located at
Dale Rose Pit
4940 Lynn Road
Elkin
Yadkin County •
to receiving waters designated as the Yadkin River, a C water, in the Yadkin 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 NCG520000 as attached.
This Certificate of Coverage shall become effective September 29, 2006.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day September 29, 2006.
re^- Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
2

Dale Rose Pit — NCG520074
USGS Quad Name: Elkin North
Receiving Stream: Yadkin River
Stream Class: C
Subbasin: Yadkin Pee Dee - 03 07 02
Lat.: 36'16'12"
Long.:80'46'46"
Not to SCALE

NC DENR - DIVISON OF WATER QUALITY 2B .0300
.0309 YADKIN RIVER BASIN
Classification
Name of Stream Description Class Date Index No.
Swan Creek
West Swan Creek
West Swan Creek
East Swan Creek
Little Elkin Creek
LitLe Elkin Creek
YADKIN RIVER
YADKIN RIVER
Elkin Creek (River)
Grassy Fork
Grassy Creek
Long Branch
Elkin Creek (River)
Elkin Reservoir
Elkin Creek (River)
Sandyberry Creek
Jonesville Creek
Cobb Creek
Seaverdam Creek
From source to Yadkin River WS-IV 08/03/92 12-51
From source to a point 0.4 C 08/01/98 12-51-1-(1)
mile upstream of Wilkes
County SR 2303
From a point 0.4 mile WS-IV 08/01/98 12-51-1-(2)
upstream of Wilkes County
SR 2303 to Swan Creek
From source to Swan Creek WS-IV 08/03/92 12-51-2
From source to a point 0.2 C 08/01/98 12-52-(1)
mile downstream of Wilkes
County SR 1929
From a point 0.2 mile WS-IV 08/01/98 12-52-(2)
downstream of Wilkes County
SR 1929 to Yadkin River
From a point 0.9 mile WS-IV;CA 08/03/92 12-(52.5)
upstream of the to mouth of
Elkin Creek (River) to
point 0.3 mile upstream of
the mouth of Elkin Creek
(Town of Jonesville water
supply intake)
From a point 0.3 mile C 08/01/98 12-(53)
upstream of the mouth to
Elkin Creek (River) to a
point 0.3 mile upstream of
Ararat River
From source to Long Branch WS-II;HQW 08/03/92 12-54-(0.5)
From source to Elkin Creek WS-II;HQW 08/03/92 12-54-1
(River)
From source to Elkin creek WS-II;HQW 08/03/92 12-54-2
(River)
From source to Elkin Creek WS-II;HQW 08/03/92 12-54-3
(River)
From Long Branch to Elkin WS-II;HQW,CA 08/03/92 12-54-(3.5)
Water Supply Intake
Entire reservoir and WS-II;HQW,CA 08/03/92 12-54-4
connecting stream to Elkin
Creek (River)
From Elkin Water Supply C 08/03/92 12-54-(4.5)
Intake to Yadkin River
From source to Yadkin River C 04/06/55 12-55
From source to Sandyberry C 04/06/55 12-55-1
Creek
From source to Jonesville C 04/06/55 12-55-1-1
Creek
From source to Jonesville C 04/06/55 12-55-1-2
Creek
10

Re: NCG520074- Dale Rose Pit
Subject: Re: NCG520074- Dale Rose Pit
From: Sue White <[e-mail]>
Date: Thu, 28 Sep 2006 11:38:43 -0400
To: Toya Fields <[e-mail]>
Great! Thanks Toya!
Sue White
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
"Adventure in itself is Worthwhile"
-Amelia Earhart-
On 9/28/2006 11:21 AM, Toya Fields wrote:
I can use this as a staff report! Enjoy your vacation. Talk to you later,
Toya
Sue White wrote:
1 of 3 9/28/2006 1:50 PM

Re: NCG520074- Dale Rose Pit
Hi Toya! Site visit has been done. This is a previously permitted site that they let the permit
lapse because they are not using this site and haven't in a while. They needed larger production
numbers so they applied for another permit. Site has no issues and I would say go ahead and
issue the permit. If they start up production at this site again it will be the first of the year at
least. I am out of the office from 17 minutes ago until next Friday 10/6 on vacation and in the
field so it will be then before I can write up the staff report.
Sue White
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107 ik J.)
Voice: [phone]
FAX: [phone]/
"Adventure in itself is Worthwhile"
-Amelia Earhart-
On 9/21/2006 11:17 AM, Toya Fields wrote:
Hi Sue, thanks for the update!
Sue White wrote:
Toya:
I have not forgotten you. I am fighting several fires on my desk and am planning on
going to this site on Monday. Again, sorry for the delay.
Sue White
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
"Adventure in itself is Worthwhile"
-Amelia Earhart-
On 7/13/2006 3:54 PM, Toya Fields wrote:
2 of 3 9/28/2006 1:50 PM

Re: NCG520074- Dale Rose Pit
Hi Sue,
Did you ever send a staff report for this sand dredging operation? We got about 4
in at the same time and I think I was the only one that didn't get a staff report. It
may have gotten mixed up in the other paperwork. The company name was Carl
Rose and Sons and this is the Dale Rose Pit in Yadkin County.
Thanks!
Toya
Sue White <[e-mail]>
WSRO
NC DENR
3 of 3 9/28/2006 1:50 PM

Attn: Dawn Jeffries
Environmental Engineer
Eastern NPDES Program
Subject: Re: Application for storm water permit COC# NCG 520077
Dear Mrs. Jeffries,
In response to your request dated January 31, 2006 please consider the following:
Due to the way river sand is mined and the proximity of the sand mining areas in relation
to subsurface drainage systems, makes it virtually impossible to consider this type of
drainage.
There could be some rare cases in which an existing storm drainage system could be used
but all the applications that I have requested are not situated in proximity or feasibility to
consider using existing an or new subsurface drainage.
We are open to any and all suggestions in this matter and would consider meeting on site
to look over the proposed drainage as designed on the submitted plans.
Please contact me at with any suggestions or proposal on this matter.
Sincerely,
Joel J. Greene
Carl Rose and Sons, Inc
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Re: Application for storm water permit COC# NCG520077
Subject: Re: Application for storm water permit COC# NCG520077
Date: Tue, 31 Jan 2006 08:44:33 -0500
From: Dawn Jeffries <[e-mail]>
Organization: NC DENR DWQ
To: [e-mail]
Mr. Green,
For the application I received (Suncrest Pit) to discharge water from a mining
pit, I still need a brief analysis as to why it is not technically and/or
economically feasible to dispose of wastewater from this operation by means
other than discharge to surface waters.
Normally, the requestor considers other alternatives such as connection to an
existing nearby treatment facility or sewer line and land application such as
subsurface systems or drip irrigation/spray irrigation systems. For
connection, is there a line within five miles that could be tied into? If so,
how would the cost compare to direct discharge? For land application, can the
soils in the area handle such an application of water? If so, how do the
costs associated with accomplishing this compare to direct discharge?
I understand that you also have applications in for similar operations at Huie
Pit, Park Pit, and Dale Rose Pit. If you would like to submit one analysis
that covers all four sites, I will be happy to pass along the information to
the permit writer in each case. Or if you prefer to deal with each location
separately, I can put you in touch with the appropriate person.
Thanks for the e-mail,
Dawn Jeffries
crs6 wrote:
> Please e-mail me all information needed to complete my
> innitial quest for the storm water permit. 1 know you
> called me an the telephone but I since lost that information.
> I apologize but I,ve been extremely busy the pest couple of weeks.
> I would greatly appriciate any help with matter.
> Joel LT Greene
> Carl Rose and Sons, Inc
> P.O. Box 786
> Elkin NC 28621
> ---
> [This E-mail scanned for viruses by River City Online using Declude Virus]
Dawn Jeffries
Environmental Engineer
Eastern NPDES Program
919-733-5083, ext. 595
919-733-0719 (FAX)
1 nf 1
2/1/2006 11:25 AM

ATA
NCDENR
Pions CAROLINA Dersananr or
DIVIROMMENT AMO Mum- Room=
NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG520000: in -stream sand mining wastewater, associated stormwater and similar wastewaters
(Please print or type) JAN - 9 2006
Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCG520000
FOR AGENCY USE ONLY
Date Received
Year
Month
,
Day
aco6
6/
_
eif
Certiftcate of Coveraize
4(11&151p.loloffit/
Check #
Amount
rewr
‘1),P0
Penult Ass=
..---
aua/ -V
• MY ,J.4.1.1,10.1,11 • 'e
1) Mailing address of owner/operator:
(1ARL Ro 5E A Kit) SoisS., Ns C..
Company Name:
Contact Person:
Street Address:
City:
Telephone No.:
2) Location of facia
Facility Name:
Contact Person:
Street Address:
City:
County:
Telephone No.:
"SoeL. GRZSi-ie
4 A S P ur
C..t-tvtv State: 14 C., ZIP Code: a tail
336 2.35 750(4 Fax: 33(a 421S 2.S'o 1
SoStf.. P:T
egkRE.G
4#94/0 L)A.41 Dat
30Asetap.ve
33c. 935 ISeg. .• Fax: 33(0 83S" 2S4
State: zac ZIP Code: 2 Wolfs.
3) Permit Contact (complete this section ff permit contact is different from facility contact) :
Contact Person: 5 A
8treet Address:
City: State: ZIP Code:
County:
Telephone No.: Fax:
4) Physical location information:
..•1 copy of an USGS quad map or county map with the facility clearly located on the map IS REQUIRED to
be submitted with this application.
Please provide a narrative description of how to get to the facility (use street names, state road numbers,
and distance and direction from a roadway intersection): No pt Iberett..5e.4,Tiaa or Ikumx
,41.20 coax") LA/ No DI. Ta A C.c.Cs, 9.4^iIDS tuaz T . tiwo ot Ls A")
1,140350 1696144311 .
5) This NPDES permit application applies to which of the following:
Illsiew or Proposed 0 Modification
Please describe the modification:
0 Renewal
Please specify existing permit number and original issue date:
Pagel of 4
'Atil.TIvrollr4V-stut,27 . 1
I900Z 9 0 NV1 I
a glADRIOE
ty producing discharge:
SINU-214-080102

NCG520000 N.0.1.
6) Does this facility have any other NPDES permits, including stormwater general permits?
El Yes
If yes, list the permit numbers for this facility:
7) Description of Discharge:
a) VVill stormwater also be discharged? Falls 0 No
If yes, does stormwater drain to a settling pond prior to discharge? o No
b) Is the sand washed or rinsed on the bank after removal from the stream? 13 Yes ell;
c) Is the discharge directly to the receiving water? 431res tj A0
If no, submit a site map with the pathway to the potential receiving waters dearly marked. This
includes tracing the pathway of the storm sewer to the discharge point, if the storm sewer is the only
viable means of discharge.
d) Number of discharge points (ditches, pipes, channels, etc. that convey wastewater from the property):
.M•••••••..•
e) Volume of discharge per each discharge point (in GPD):
0 Please describe the type of process the sand dredging wastewater Is being discharged from, be
specific. PUrn PE4 ,ANO ca(i) ippeo 3.4A..e) • is Pt..eso on 0.0...x eFlitv
A.C!4qLtdcaP...a ZeIA..) aro SOTTLI L Apia? IJitelle. Lags p.irti
?Act v.)
g) Is there any treatment being applied to the wastewater before discharge (check the type of treatment
in use).
agettling pond 0 Lagoon 0 Other 0None
(Please describe "Other")
h) How much of the volume discharged is treated (state In percent)?
i) If any box in item (e) above, other than none, was checked, please include design specifics (i.e.,
design volume, retention time, surface area, etc.) with submittal package. Existing treatment facilities
should be described In detail. Design criteria and/ operational data (including calculations) should be
provided to ensure that the facility can comply with the requirements of the General Permit. The
treatment shall be sufficient to meet with the limits set by the general permits. The trapping efficiency
should be greater than 75%. The surface area should be as large as possible to insure sedimentation
occurs. To secure optimum efficlency the flow length of the basin to the basin width should have a
ratio of 4:1
Note: Construction of any wastewater treatment facilities requires submission of three (3) sets of
plans and specifications along with the 'application. Design of treatment facilities must comply
with requirements of 15A NCAC 2H .0138. If construction applies to this discharge, include
the three sets of plans and specifications with this application.
8) Discharge Frequency:
a) The-discharge-isa. 0-eonfinttous gl<nterrnittent-laSeasonat
i) If the discharge is intermittent, describe when the discharge will occur:
Oi3tAi 1:0•12Ahst, ma/ ? 6.t.Anop3 S
ii) If seasonal check the month(s) the discharge occurs: 0 Jan. 0 Feb. 0 Mar. 0 Apr.
0 May 0 Jun. 0 Jul. 0 Aug. 0 Sept. 0 Oct. 0 Nov. 0 Dec.
Page 2 of 4
SWU-214.080102

NCG520000 N.0.1.
b) Please check the days distharge occurs:
Sat. El Sun. ErMon. Erfue. grWed. prihu. ri Fri.
9) Receiving waters:
a) What is the name of the body or bodies of water.(creek, stream, river, lake, etc.) that the facility
wastewater discharges end up in? If the site wastewater discharges to a separate storm sewer
syttem (4S), name the operator of the 48 (e.g. City of Raleigh). YADVA....1.)ti
b) Stream Classification (WS-IV, C, etc.):
10) Alternatives to Direct Discharge: All
Address the feasibility of implementing tech of the following non -discharge aftemafives
a) Connection to a Regional Sewer Collection System
b) Subsurface disposal (including nitrification field, infiltration gallery, injection wells, etc.)
c) Spray irrigation
The alternatives to discharge analysis should include boring logs and/or other information Indicating that a
subsurface system is neither feasible nor practical as well as written confirmation indicating that
connection to a POTVV is not an option. It should also include a present value of costs analysis as outlined
in the Division's "Guidance For the Evaluation of Wastewater Disposal Alternatives".
11) Additional Application Requirements:
For new or proposed discharges, the following information must be included in triplicate with this
application or it will be retumed as incomplete.
vac 7.5 minute series USGS topographic map (or a photocopied portion thereof) with discharge location
z clearly indicated.
&,‘) Site map, If the discharge is not directly to a stream, the pathway to the receiving stream must be
clearly indicated. This include.s tracing the pathway of a storm sewer to its discharge point;
A.) If this application is being submitted by a consulting engineer (or engineering firm), include
documentation from the applicant showing that the engineer (Or firm) submitting the applidation has
been designated an authorized Representative of the applicant.
Final plans for the treatment system (if applicable). The plans must be signed and sealed by a North
TV Carolina registered Professional Engineer and stamped -"Final Design -Not released for construction".
eta) Final specifications for all major treatment components (if applicable). The specifications must be
signed and sealed by a North Carolina registered Professional Engineer and shall include a narrative
description of the treatment system to be constructed.
I certify that I am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing: "3CL5. fiesx,
Title: P% Mt.St) 6c44t.wit
)t-N1-9‘- A- 2-24:iC.
(Signature of Applicant) (Date Signed)
Page 3 of 4
SWU-214-080102

NCG52000 N.0.1.
North Carolina General Statute 143-215.6 b 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 under Article 21 or regulations of
the Environmental Management Commission implementing that Article, or who falsifies, tampers with or
knowingly renders inaccurate any recording or monitoring device. or method required to be operated or
maintained under Article 21 or regulations of the Environmental Management Commission implementing
that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by
Imprisonment not to exceed six months, or by both. (18 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 both, for a similar offense.)
Notice of Intent must be accompanied by a check or money order for $80.00 made payable to:
NCDENR
Mail three (3) copies of the entire package to:
Stomnwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Final Checklist
This application will be returned as incomplete unless all of the following items have been
included:
rheck for $80 made payable to NCDENR
in --Copies of county map or USGS quad sheet with location of facility clearly marked on map
rei<opies of this completed application and all supporting documents
ti? A3 3 sets of plans and specifications signed and sealed by a North Carolina P.E. (if applicable) .
/0 Alternatives analysis including present value of costs for all alternatives
Note
The submission of this document does not guarantee the issuance of an NPDES permit
Page 4 of 4
SWU-214-080102

1518
7000 FEET
LOMETER
4 7'30"
i 519
520
• INTERIOR —GEOLOGICAL SURVEY. RESTON. VIRGINLAI-1894
521 522000m.E.
ROAD CLASSIFICATION
MILE
•* Primary highway, * Light -duty road, hard or
hard surface improved surface
QUADRANGLE LOCATION
Secondary highway,
hard surface .
0 Interstate Route
Unimproved road
U. S. Route State Route
17'30"
4016
015
014
4012000ral.
Revisions shown in purple compiled in cooperation with
Copyright (C) 1997, Maptech, Inc.
PT Term T•TrIPTI4 KT C

ZIA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Acting Director and State Geologist William G. Ross Jr., Secretary
June 2, 2006
Mr. Joel J. Greene
Carl Rose and Sons, Inc.
PO Box 786
Elkin, North Carolina 28621
RE: Dale Rose Sand Mine
Yadkin County
Yadkin River Basin
Dear Mr. Greene:
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already
has a blanket bond sufficient to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 99-08 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on June 2, 2008. G.S. 74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the
enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or
county or by any agency or department of the State of North Carolina.
A continuing concern about instream mining has been expressed by the wildlife
agencies. The stream bank disturbance from dragline operations causes particular
concern because of the potential for erosion and sedimentation and ecological impacts
because of the removal of riparian vegetation. The request for a mining permit that
includes use of a dragline is being renewed for a period of only two years. During this
two year period, efforts must be made to restore a vegetated buffer as required in
operating condition #8 where the riverbank has been disturbed. Because of the
streambank destructive nature of dragline instream mining, it is highly recommended
that dragline activities be phased out during the life of this permit, as instream dragline
operation may not be permitted in the future. Also, please note mining is confined to
the permit boundary in the Yadkin River.
As a reminder, your permitted acreage and affected acreage for this site are both 4.999
acres, as indicated on the mine map last revised March 21, 2006.
Geological Survey • Land Quality • Geodetic Survey
Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-3833 k FAX: [phone] k Internet: www.dlrenr. state.nc.us/dIr.htm
An Equal Opportunity \Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Greene
Page Two
Please review the permit and contact Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone] of any objection or questions concerning the terms of the permit.
Sincerely,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. Matt Gantt, PE
Ms. Shannon Deaton -WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Carl Rose and Sons, Inc.
Dale Rose Sand Mine
Yadkin County - Permit No.99-08
for the operation of a
Sand Dredging and Dipping Operation
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: June 2, 2008

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However; completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until June 2, 2008.
. Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:

Page 3
OPERATING CONDITIONS:
1. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contaminant emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary.
shall be utilized to prevent dust from leaving the permitted area. ,
3. The channel of the waterway shall not be constricted or widened.
4. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall
be in accordance with the requirements and regulations promulgated and enforced by
the N. C. Environmental Management Commission.
5. The following conditions shall apply to the operation of the hydraulic dredge only:
A. The following steps shall be taken at this mine site to ensure safety to boaters
and others who may use the section of the river covered by this mining permit:
1. Signs shall be placed on the easterly bank of the river at the upstream
extremity and the downstream extremity of dredging operations warning river
traffic of the dredging operation.

Page 4
2. The dredge shall operate in the river only during daylight hours. When the
dredge is in operation in the river, the dredge shall at no time be operating
closer than 15 feet to either bank. The dredge shall face upstream, the
direction from which most all river traffic would approach the dredge. When
river traffic approaches, the operator shall cease pumping and idle. If river
traffic is headed around the westerly side of the dredge, the operator shall
wait to resume operations until the river traffic passes. If the boater is
headed towards the easterly side of the river, the side where the pontoon
supported pipeline is located, the operator shall exit the pilot house and flag
traffic around to the westerly side of the river.
3. The cables extending from the dredge to the bank shall be up and out of the
water at all times except possibly when one cable is slackened in anticipation
of moving the dredge using the opposite winch. This technique shall not be
undertaken when there is river traffic in the area. With the cables extending
upwards to the river bank, the cables shall be at least eight (8) feet above the
water level and easily avoidable by river traffic. Highly visible markers shall
be used to mark the cables.
4. If an anchor system set in the middle of the river is utilized, the.cables
extending from the dredge to the anchor system shall extend parallel with the
flow of the river and shall be under water to a depth of at least three feet at
the anchor. A buoy shall be used to mark the location of the anchor.
5. No dredging operations shall be performed at any time when the level of the
river exceeds three feet above normal river level.
6. When the dredge is moored at the side of the river, all piping and portions of
the dredge shall be tied off such that no part of the dredge or equipment
extends out from the bank by more than 15 feet.
B. Any boat ramp shall be stabilized with vegetation and rip -rap or large pieces of
concrete, such as lengths of broken curb and gutter, to prevent erosion and
sedimentation problems from occurring at said boat ramp.
6. The following conditions shall apply to the operation of a dragline only:
A. A two foot high vegetated berm (minimum 2:1 sideslopes) shall be maintained
between the stockpile areas and the top of the river bank to prevent over wash
and to divert runoff to stabilized rip -rap and gravel filters outlets located at every
natural point of drainage along said berm.
B. All riprap and gravel filter outlets shall extend down the riverbank to the normal
water level of the river to prevent scour and erosion of the riverbank at said
outlets.

Page 5
C. The lengths and widths of all vegetative buffer zones and periodic access points
along the river shall be maintained as indicated on the mine map last revised
March 21, 2006. All stabilizing roots and stumps shall not be removed or
otherwise disturbed at all access areas.
D. To ensure safety to boaters and others who may use the section of the river
covered by this mining permit, signs shall be placed on the bank of the river at
the upstream extremity and the downstream extremity of dipping operations
warning river traffic of said operation.
E. No mining shall occur in the Yadkin River between May 1 and June 30 to protect
fish spawning activities in the vicinity of the mining area.
F. As river traffic approaches, dragline operation in the curve of the river shall stop
and allow the traffic to safely pass before dipping is resumed.
7. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface.areas or into any lake or
natural watercourse in proximity to the affected land.
B. All surface water runoff from the processing, stockpile and wastepiles at the site
shall be diverted to the existing sediment basins/pits or other appropriate erosion
and sedimentation control structures.
C. All mining activities, including the installation and maintenance of all sediment
and erosion control measures, shall be conducted as indicated on the mine map
last revised March 21, 2006 and the supplemental information received by the
Land Quality Section on January 28, 2006, February 21, 2006 and April 4, 2006.
8. A. Riparian vegetation shall be planted immediately to stabilize any exposed
riverbanks to prevent continued erosion of said riverbanks.
B. A minimum 25 foot wide undisturbed buffer shall be maintained along the
riverbank, except in those minimal areas where access during the operation is
essential (i.e. boat ramps, discharge pipes, etc.). At such access points, all
stabilizing roots and stumps shall not be removed or otherwise disturbed on the
riverbank.
9. All affected area boundaries on land (2.024 acres) shall be permanently marked at the
site on 100-foot intervals unless the line of sight allows for larger spacing intervals.

Page 6
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
12. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.

Page 7
13. Sufficient buffer (minimum of 15 feet) shall be maintained between any mining activity
and any mining permit boundary, right-of-way, bridge abatement or other structure to
protect adjacent property.
14. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
15. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $66,000.00
blanket bond, (of which $8,200.00 is required for this site), is sufficient to cover the
operation as indicated in the approved application. This security must remain in force
for this permit to be valid. The total affected land shall not exceed the bonded acreage.
16. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
17. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

Page 8
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to grade and revegetate the disturbed land areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The channel banks shall be restored to as near the natural condition as possible.

Page 9
B. The processing plant, dredge, dredge pipes and sediment basin pipes shall be
removed from the site upon termination of mining activities prior to final grading
and seeding of the affected area.
C. The processing, stockpile, haul road, waste areas and other disturbed areas
shall be graded and stabilized.
D. All sediment basins shall be backfilled, leveled, and stabilized.
E. Compacted surfaces shall be disked, subsoiled or otherwise prepared before
revegetation.
F. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 11A
through D.
G. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan approved by Mr. James K. Smith of Foothills Forestry and Surveying
on November 22, 2005 and as follows:
All disturbed river banks shall be planted with riparian vegetation. It is suggested that
reed canary grass be sown at a rate of 15 lbs. per acre with a mixture of small trees
(dogwood, willow, alder and button bush) and large trees (red maple, green ash,
sycamore, cottonwood, bald cypress, river birch and catalpa).
In addition, the following wildlife beneficial plant species shall be added to the seeding
mixture where feasible at this site:
Early spring:
Switch grass:
VA 70 shrub lespedeza:
Fall:
Orchard grass:
White clover:
8 lbs/acre
20 lbs/acre
18 lbs/acre
5 lbs/acre
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.

. Page 1 0
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two (2) years of completion or termination of
mining.
Permit issued this 2nd day of June 2006.
By:
Jam4 D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Department of Environment and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application for a mining permit filed by Carl Rose and Sons, Inc. to conduct mining
activities off SR 1364 in Yadkin County. The mining permit (no. 99-08) was issued on June 2,
2006.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty (60)
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 150B-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
iThis notice was mailed on "2 0 (0 .
es D. Simons
'rector
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
Bre da Harris
Mining Program Secretary