NCG020683_COMPLETE FILE - HISTORICAL_20110513 (2)

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STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ � � I l b `" l �
YYYYMMDD

MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Morgan 1 . Garner
Garner Construction Co.
5970 Highway 70
Newport, NC 28570
Dear Permittee:
Division of Water Quality
Coleen H. Sullins
Dee Freeman
Director Secretary
May 13, 2011
Subject: NPDES Stormwater Permit Coverage Renewal
Nine Foot Mine #2
COC Number NCG020683
Carteret County
In response to your renewal application for continued coverage under Stormwater General Permit NC6020000
received April 28, 201 1; the Division of Water Quality (DWQ) is forwarding herewith the reissued Certificate of
Coverage and 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 October 15, 2007 (or as subsequently amended.)
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of the stormwater General Permit
• A copy of a Technical Bulletin for the General Permit
• Five copies of the Discharge Monitoring Report (DMR) Form
• Five copies of the Annual Discharge Monitoring Report Form (if applicable)
• Five copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to
stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to
familiarize yourself with all changes in the reissued permit. Significant changes to the General Permit are
outlined in the attached Technical Bulletin.
Your coverage under the General Permit is transferable only through the specific action of DWQ.
This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor
does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law,
rule, standard, ordinance, order, judgment, or decree.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Localion: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX: 91M07-64941 Customer Service: 1-877-623-6748
Internet: www.nwaterquality.org
An Equal Opportunity 1 ANrmahe Action Employer
Nne
orthCaf-olina
Natumlly

If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at
919-807-6300.
Sincerely,
ORIGINAL SIGNED B)
KEN PICKLE
for Coleen 1-1. Sullins
cc: DWQ Central Files
Stormwater Permitting Unit Files
Wilmington Regional Office, Linda Willis

STATE OF NORTH CAROL WA
DEPARTMENTOF ENVIRONMENTAND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020683
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,
Garner Construction Co.
is hereby authorized to discharge storrnwater from a facility located at
Nine Foot Road Mine 42
Nine Foot Road
Newport
Carteret County
to receiving waters designated as Newport River, a class C waterbody in the White Oak River Basin in
accordance with the ef'lluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, III, IV, V, and VI of the General Permit as attached.
This certificate of coverage shall become effective May 13, 2011.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 13, 2011.
ORIGINAL SIGNED B)
KEN PICKLE
for Coleen 1-1. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit coverage
Nationas ldiutant Dirge Elimination System i MCG020 93
Stormwater General Permit NCGO80000
Please compiete tt'+e informatk')n in the space provided and return the completed renewal form to the address indicated
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S�l�[[ 1�C.1Qk1L413 It �• Addrlez to h permit correspondence will be madw
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Stormwrter Permitting unit
1617 Mail -Service Center'
Rale;gh, North Carolina 27699-1617

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 1, 2011
Morgan L. Garner
Garner Construction Co.
5970 Highway 70
Newport, NC 28570
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
Nine Foot Mine 42
COC Number NCG020683
Carteret County
Dear Mr. Garner:
In response to a request from your consultant, James C. Izzel and the DWQ Wilmington Regional Office, please fill
out the attached Renewal Application Form for NCG020683. Please return an original of the attached form by
April 1, 2011.
If you have any questions contact Jennifer Jones in the DWQ Stormwater Permitting Unit at 919-807-6379.
Sincerely,
Jennifer Jones
Environmental Engineer
DWQ Stormwater Permitting Group
cc: DWQ Central Files
Stormwater Permitting Unit Files
Wilmington Regional Office, Linda Willis
James C. Izzel, Jr. P.G., Carolina Geological Services, Inc., P.O. Box 429, Garner, NC 27529
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] % FAX: [phone] Customer Service. 1-877-623-6748
Internet: www.acwaterquality.org
One .
NorthCarolina
An Equal OpportunifylAffrmaWeAction Employer

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-v'?,tAAWli I
CAROLINA GEOLOGICAL SERVICES, INC.
March 29, 2011
Mr, Bradley Bennett
NCDENR, Div. of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: NPDES General Stormwater Permit #NCG020683
Dear Mr. Bennett:
I am writing on behalf of Garner Construction Company of Newport, NC. Due to an
oversight or misunderstanding, one of their NPDES General Stormwater Permits
(mining) was not renewed a few months ago. I am referring to General Stormwater
Permit # NCG020683, Nine Foot Mine #2, Carteret County. Ms. Linda Willis of the
Wilmington Regional Office recently inspected the site and informed the owners that the
permit needed to be renewed. In my subsequent correspondence with her, she suggested
that I contact you to find out what the owners needed to do to complete the renewal. It is
my understanding that the site is in complete compliance with the requirements of the
permit.
Please let me know what we need to do to renew this permit.
;Cly,�
.lames C. Izzel, Jr. PG
Carolina Geological Services, Inc.
cc: Garner Construction Co.
MAR 3 1 2011
P.O. Box 429, GARNER, NC 27529 (91 9)779-0017 FAX: [phone]
OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC

Jones, Jennifer
From: Willis, Linda
Sent: Thursday, March 31, 2011 6:18 PM
To: Jones, Jennifer
Subject: RE NCG020683 - Nine Foot Mine #2
They never turned in any monitoring reports until their most recent inspection. I'll recommend renewal as they are
now on board with our requirements. Thanks for asking,
Linda
From: Jones, Jennifer
Sent: Thursday, March 31, 2011 4:49 PM
To: Willis, Linda
Subject: FW: NCG020683 - Nine Foot Mine #2
Hey Linda,
I am going to work with them regarding reissuing the mining permit. Do you have any comments about that — i.e. am I
ok to go ahead with that, is this mine in compliance?
Thanks!
Jen
Jennifer Jones
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N, Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Website: htt ortal.ncdenr,or web w ws su
"*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third
parties."
From: Bennett, Bradley
Sent: Thursday, March 24, 2011 10:22 AM
To: Jones, Jennifer
Subject: FW: NCG020683
Jen,
This is a random renewal. Could you work with Mr. Izzell to get them renewed. I think you were able to get all the files
from Cory. If not, let me know. Also, could you let Linda Willis know you have this one.
C
Thanks
1

500K 15 0 6 mn0356
BOOK
01506
START PAGE
0356
END PAGE
0357
INSTRUMENT #
02763
EXCISE TAX
(None)
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $0 • BB
Parcel Identifier No.
Mail/Box to: �►
This instrument was prepared by: Wade Barber, PLLC, PO Box 1755, Pittsboro, NC 27312
Brief description for the Index:
THIS DEED made this 23rgay of March , 20 10, by and between 3M COMPANY, a Delaware Corporation, with an
address of Real Estate Department, 3M Center, Building 224-5N-60, St. Paul, Minnesota 55144-1000, hereinafter referred to as
"Grantor"; and TOWN OF PITrSBORO, a municipal corporation of the State of North Carolina, with an address of Post Office Box
759, Pittsboro, North Carolina 27312, hereinafter referred to as "Grantee';
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
Center Township, Chatham County, North Carolina and more particularly described as follows:
TRACT # 1:
That certain parcel or tract of land lying and being in Center Township, Chatham County, North Carolina. Bounded
on the south by Minnesota Mining and Manufacturing Company (DB 452 PG 428), on the east by US Hwy. 15-501,
on the north by Frank Blackwelder (DR 922 PG 107), on the west by Charles Cicero (DB 915 PG 272), Susan
Burgess (DB 853 PG 751), Lynn Clegg (DB GK PG 422), Joseph Karsten (DB 672 PG 524) and being more
particularly described as follows tolwit:
BEGINNING at a new iron rod, (said rod being located N 05014' l4" E 1315.74' from NC Grid monument "Brace"
having grid coordinates ofN=699,536.0713', E=1,946,809.6003' NAD83) in the western right-of-way of US Hwy.
15-501 and running thence as a new line leaving said highway N 89041'56" W 1069.26' to an existing iron rod in
Lynn Clegg's (DB GK PG 422) eastern line; thence as said line and beyond N 00'08'08" W 474.60' to an existing
iron pipe, Joseph Karsten's (DB 672 PG 524) northeast comer; thence N 00°08'41" W 297.78' to an existing iron
pipe, Susan Burgess' (DB 853 PG 751) southeast comer; thence as Burgess' eastem line N 00009' 13" W 135.54' to
an existing iron rod in a small creek, Charles Cicero's (DB 913 PG 272) southeast corner, thence as C icero's eastern
line N 00°2539" W 171.53' to an existing iron pipe, the northwest comer of the original tract of which this is apart-,
thence as the northern line of said tract and Frank Blackwelder's (DB 922 PG 107) southern line N 87013'04" E
99.79' to an existing iron pipe; thence continuing with Blackwelder's southern line N 88033'22" E 1120.58' to an
existing iron pipe in the western right-of-way of US Hwy.15-501; thence as said right-of-way the following calls and
distances: S 07a47'26" W 120.08', S 07011'04" W 60.13', S 07°32'32" W 248.15', S 07°27'21" W 699.43' to the
BEGINNING, containing 28.86 acres, more or less, and being a portion of that tract of land described in Deed Book
452 Page 428, Chatham County Registry.
100054465.DOCI NC Bar Association Form No. 7 0 1977,2002
Printed by Agreement with the NC Bar Association • 1991

Jones, Jennifer
From:
Bennett, Bradley
Sent:
Thursday, March 24, 2011 10:22 AM
To:
Jones, Jennifer
Subject:
FW: NCG020683
Jen,
This is a random renewal. Could you work with Mr. Izzell to get them renewed. I think you were able to get all the files
from Cory. If not, let me know. Also, could you let Linda Willis know you have this one.
Thanks {�
Bradley Bennett
Stormwater Permitting Unit
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
Fax:[phone]
Email: brad ley.bennett a ncdenr. ov (New Email Address)
Web: htti)://aortal.ncdenr.ora/web/wci/ws/su
Email correspondence to and from this address may be subject to the North Carohna'Public Records Lain and may be disclosed to third
parties.
From: james izzell fmailto:[e-mail]
Sent: Thursday, March 24, 2011 10:19 AM
To: Bennett, Bradley; gmurdoch46@vahoo,com
Subject: NCG020683 J-a
Mr. Bennett;
I am writing on behalf of Garner Construction Company of Newport, NC. Due to an oversight or misunderstanding, one
of their NPDES General Stormwater Permits (mining) was not renewed a few months ago. I am referring to General
Stormwater Permit # NCG020683, Nine Foot Mine #2, Carteret County. Ms. Linda Willis of the Wilmington Regional
Office recently inspected the site and informed the owners that the permit needed to be renewed. In my subsequest
correspondence with her, she suggested that I contact you to find out what the owners needed to do to complete the
renewal. It is my understanding that the site is in complete compliance with the requirements of the permit.
Please let me know what we need to do to renew this permit.
thank you,
James Izzell
Carolina Geological Services, Inc.
919-779-0017

Permit No.
(to be provided byoDo Q)arFq pG
APA �
NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
INFILTRATION TRENCH SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part IIl) must be printed, filled out and submitted along with all of the required information.
I. PROJECT INFORMATION
Project name
Piedmont Triad Ambulance & Rescue
Contact person
H. hack Summey, Jr., PE
Phone number
336-32M902
Date
2/1912010
Drainage area number
4
II. DESIGN INFORMATION
Site Characteristics
Drainage area
2,351.00 ft2
Impervious area
1,990.00 f{2
Percent impervious
84.6% %
Design rainfall depth
1.00 in
Peak Flow Calculations
1-yr, 24-hr rainfall depth
1-yr, 24-hr intensity
Are -development 1-yr, 24-hr discharge
Post -development 1-yr, 24-hr discharge
Pre/Post 1-yr, 24-hr peak flow control
Storage Volume: Non -SA Waters
Minimum volume required
Volume provided
Storage Volume: SA Waters
1.5" runoff volume
Pre -development 1-yr, 24-hr runoff volume
Post -development 1-yr, 24-hr runoff volume
Minimum volume required
Volume provided
Soils Report Summary
Soil type
Infiltration rate
SHWT elevation
Trench Design Parameters
Drawdown time
Perforated pipe diameter
Perforated pipe length
Number of laterals
Stone type (if used)
Stone void ratio
Stone is free of fines?
2.79 in
0.12 inlhr
0.00 felsec
0.01 ft3lsec
0.00 ft31se�
ft3 ' OK for non -SR waters
ft3
ft3
ft3
ft3
ft3
Sandy Clay Loam
2.50 inlhr
94.20 fmsl
3- days OK
0.00 in
0.00 ft
u
57
0.4
y (Y or N) OK
Form SW401-Infiltration Trench-Rev.4 Parts I. & 11. Design Summary, Page 1 of 2

Mr. James Izzell
Carolina Geological Services, Inc.
P.O. Box 429
Garner, NC 27529
Dear Mr. Izzell,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Frivironment and NaArraI Resources
Alan W. Klimek, P,F. DireCor
Division of Water Quality
October 24, 2006
OCT. 3 0 loos !
The Division is in receipt of your correspondence and revised Operation and Monitoring Plan
dated October 4, 2006 for the Nine Foot Road Mine #2. 1 have provided the same listed items of concern
from the Division's correspondence on August 28, 2006 as a point of reference in responding to your
revised plan and comments. Next to each bulleted item I have attempted to match your response to
each, as I understand them from your recent correspondence.
How were the wetland boundaries determined?
Cover letter/O & M Plan states: The boundaries had been delineated on two separate occasions by
qualified wetlands consultants using the Us Army Corps of Engineers Wetland Delineation standards.
Division Response: Since Mr. Suggs with U.S. Army Corps of Engineer referenced the utilization of a
consultant to determine wetland boundaries, the Division will accept a letter (to be included in your O & M
Plan) from the consultants indicating that they possess the qualified skills to determine the boundaries as
detailed in the U.S. Army Corps of Engineers Wetland Delineation Manual (January 1987).
On July 17, 2006, you advised me by phone that you had not walked any of the ditches that are
proposed for use in mine dewatering. Determine the distances each ditch extends into the wetland
and the distance from each ditch to the Newport River. Please correct the site map accordingly.
Describe how the ditches end. Do they gradually disappear or do they end abruptly? Describe how
the discharge to each ditch will accomplish sheet flow to all the adjacent wetlands located around the
perimeter of the mine. Describe how the ditches will maintain hydrology for the adjacent wetlands
located north of the mine site.
Cover letter/O & M Plan states: In the original plan, we proposed to discharge water from the basin into
existing ditches. A field observation showed that there was some connectivity and it was very difficult to
determine where the ditches actually end and the natural swales begin. Therefore, we have redesigned
the plan to construct new ditches parallel to the edge of the pond and at last 25 feet from the wetlands
that will serve to recharge the groundwater. Water pumped from the pond will first pass through the
basin, then flood these ditches before passing into the existing ditches utilizing existing drainages.
Division Response: You are required to maintain a 50-foot buffer between land disturbances and the
wetland boundaries. The ditches (within the mine pit boundaries) must be at least 50 feet (not 25) from
any wetlands (per your mining permit). The mine site map indicates the ditches are approximately 50 feet
from the wetlands boundaries except for one area on the north side of the mine. Please ensure that a 50-
foot buffer between any land disturbance and the wetlands is maintained. The boundaries need to be
flagged in order for mining operation personnel digging the ditches to know where those boundaries are
so that a 50-foot buffer can be met. The flags should be maintained throughout the life of the mining
activity. The map shows a direct connection with the proposed ditch to an existing ditch. There should
be no connection between the ditches. Existing ditches should only receive mine dewatering wastewater
by sheet flow rather than from a point source discharge (as specified in writing in your revised plan).
Npnt hCttt�lina
,lVali ma!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Internet: jmw.ncvvatcrqualit}_org Fax [phone]
An Equal OpportunilylAffirmalive Action Employer— 50% Recycled110% Post Consumer Paper

Page three
NCG020683
Should any point source discharge develop from storm water runoff, check dams will be required and the
discharge will be monitored according to Section B of NCG020000. Should any point source discharge to
the wetlands or the existing ditches develop due to dewatering activities, a check dam will be required
and the discharge shall be monitored in accordance with Section C of NCG020000. Should check dams
be required, their locations should be identified on the site map.
Your 0 & M Plan should include the volume of water the settling basin can hold and the amount and
the rate and duration of discharge anticipated from the settling basin. You mentioned 12,000 gallons
per day in an email to Mr. Ed Beck. Provide the calculations (including any assumptions) justifying
that estimate and include them in the Plan.
Cover Letter/0 & M Plan states: It should be emphasized that this is a "wet mining" operation, The
"mining area" will actually consist of a deep -water pond with a floating dredge that pumps sand from the
bottom of the water. The pond will never be "de -watered" since it is necessary to retain a high level of
water within the pond to float the dredge boat. The mining permit issued by the LQS gives details of the
sediment basin to be utilized for any discharge of water. The initial pond development requires some
storm water and groundwater to be pumped out of the pond area to maintain a dry working area. As soon
as the pond is developed to a depth sufficient for floating the dredge boat, it will be allowed to fill with
water and the dredging operation will begin. In order to assure that adjacent wetlands are not affected
during times of pumping, a perimeter "moat" will be excavated between the pond and the wetlands. This
will consist of a ditch 12 feet wide, 4 feet deep and will extend around the northern and southern sides of
the pond, between the pond and the wetlands.
Division Response: This response refers to DLQ plans, which DWQ does not have. The site map
accompanying your cover letter and O & M Plan shows a picture of a pond but is not to scale and
therefore inadequate for determining volume from the diagram. The picture at the upper left hand corner
indicates a rock dam structure with a volume of 7200 cubic feet or approximately 50,000 gallons. Your
site map shows two basins if both are designed according to the diagram, affords storage of 100,000
gallons total. Utilizing the proposed ditches to receive wastewater pumped from the settling basins
provides a better method of introducing wastewater to the surrounding wetlands. It should afford better
settling time and lower velocity for the discharge if/when introduced to the wetlands. Crude calculations
from the design of the ditches suggest they should be able to gold (roughly) 90,000 gallons of water.
Once full, if the proposed ditches can distribute water by sheet flow, they would discharge less than an
inch of water per day along 1900 feet (estimated from the 0 & M map where 1"=100'). Please take time
to read the water quality standards as they pertain to wetlands. The water quality standards for wetlands
can be found in the North Carolina Administrative Code 15 A NCAC 02B.0231. When you read these
standards you will realize there is more to wetlands protection than just hydrology. I have attached a
copy of those standards for your reference and convenience.
The map shows one settling basin east of the ditch that cuts through the narrowest portion of the
mine site. During a visit to the mine, a settling pond was seen located West of the ditch. Will this.
pond remain on site? Will it be used as a settling basin as well? If it will be used as a settling basin
please include it on the site map.
Division Response: The map provided with the revised 0 & M Plan shows two settling basins used to
recharge the proposed ditches. I will assume the design for both are the same as those provided on the
map.
The 0 & M Plan requires detailed plans to maintain the surrounding hydrology and the respective
monitoring to demonstrate compliance. The Plan states that a series of 6 shallow monitoring wells
will be installed at the site, located 25 feet within the wetlands and spaced no greater than 300 feet
apart. Please include the locations of wells on the site map in order that their locations can be seen
relative to the adjacent wetlands bordering the mine site.
0 & M Plan (Monitoring) states: The primary purpose of the piezometers is to assure that the hydrology of
the wetlands is maintained by observing that -the site is "inundated or saturated for at least 5 % of the

Page three
NCG020683
growing season in most years as described by the Army Corps of Engineers. O & M Plan provided on
July 17, 2006 indicates monitoring of the wells will be conducted monthly. Wells will be constructed of 2"
diameter PVC, with standard slotted sections and casing. Total depth will extend to approximately 5 feet
below existing static water level, and the screened interval will be sealed from surface water by a
bentonite plug. Overall condition of the wetland plants and soil conditions will be monitored on a monthly
basis.
Division Response: The map provided with the revised O & M Plan shows the locations of each
monitoring well. Monitoring wells should be in place before any dewatering from the site occurs. Prior to
dewatering, the hydrology of the surrounding wetlands should be established based upon data collected
from the monitoring wells prior to dewatering. Data from the level of water in the monitoring wells must
be well documented and available for review by Division Representatives upon inspection.
The Plan states that the monitoring wells will be 5 feet below the static water level. It states also that
if the well levels drop 3 feet or more, all dewatering in the excavation will be suspended until
groundwater levels have recovered to natural levels. Be advised, to protect a wetland means to
protect its hydrology. A drop of 3 feet in the water table could be detrimental to the wetlands. The
seasonal high water table in the wetlands must be determined either by a registered soil scientist or
through long term monitoring. Those levels should be documented and used as a benchmark to
maintain throughout the wet and growing season. Monitoring the overall condition of the vegetation
while mining activities occur would be beneficial. Should impacts in the adjacent wetlands occur,
what contingency backup plan will you utilize?
O & M plan (July 2006) states that if any significant impact is noted in the existing plants or soil
conditions, dewatering activity will be suspended until recovery is noted
Division Response: Division concurs that discontinuing dewatering until recovery is noted is appropriate.
Likewise, inundation of the wetlands from dewatering and not from natural conditions (heavy rain,
Newport River flooding, and seasonal fluctuations in the groundwater table) will be considered an impact
and dewatering activities will have to cease until natural conditions return.
• The Plan states that the monitoring wells will be monitored once per month. This may be adequate,
however, should monitoring suggest significant changes in the wetland hydrology, more frequent
monitoring will be required.
O & M plan (July 2006) states that if any significant impact is noted in the existing plants or soil
conditions, dewatering activity will be suspended until recovery is noted
Division Response: Immediately discontinuing the activity causing the impact is acceptable and does not
require more frequent monitoring.
The NCG020000 Permit also specifies analytical and qualitative monitoring for storm water discharges
from land disturbance and process areas, effluent limitations and monitoring requirements for mine dewatering
wastewater and process wastewater and monitoring requirements for wastewater from sand and or gravel mining.
Your plan did not include any of this information. Please revise your plan to include the sampling/monitoring
requirements as specified in the NCG020000 permit.

Page three
NCG020683
The Division will give approval for mining activities to be conducted prior to a complete O & M Plan with
the understanding that your O & M Plan will be revised to include all the pertinent components and that upon
inspection by Division Representatives, the permittee will produce a complete and satisfactory O & M plan
including all analytical and qualitative monitoring data and records required by the plan and the NCG020000
permit. Any areas that are deficient will be considered a violation to the NCG020000 Permit. Should you require
any additional help, please do not hesitate to contact me at 910-796-7343.
Sincerely,
Linda Willis
Environmental Engineer
Surface Water Protection Section
Division of Water Quality
Cc: Ed Beck, Regional Supervisor, Surface Water Protection Section, WiRO
Bethany Georgoulias, Stormwater Permitting Unit, DWO, Raleigh
Mr. Garner (5970 Highway 70, Newport NC 28570)

Nine Foot Mine NCG020683
Subject: Nine Foot Mine NCG020683
From: Linda Willis <Linda.Will is a ncmail.net>
Date: Wed, 25 Oct 2006 16:12:10 -0400
To: [e-mail]
ncniail.net
Bethany,
We're giving the go ahead to proceed with mining activities. WE've gone back and
forth twice with them and they are not turning in what I would expect. Thier plan is
better than what it was and does not appear that it will have any impacts to
wetlands. I responded in writing, which you'll get a copy of, that they can proceed
but when we do a site inspection, a complete 0 & M Plan including all our points of
concern must be on site, available for Division Reps to review and implemented.
Just FYI
Have a good one
Linda
Linda Willis <linda.willis a,ncmail.net>
Environmental Engineer I
Surface Water Protection Section
Division Of Water Quality
`.. _........... __.........................._..__...._.._..._......._._................._...._......_...._....._..._..................
of 1 10/25/2006 4:33 PM

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0 �
Mr. James Izzell
Carolina Geological Services, Inc.
P.O. Box 429
Garner, NC 27529
Dear Mr. Izzell,
Michael F. Easlev, Governor
Williarn G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
\ Division of Water Quality
August 28, 2006
<10 0h'
The following correspondence is in response to your letter, dated August 151h, to Mr. Ed Beck. Your
comment regarding my disappointment with the U.S. Army Corps of Engineer's position was
misrepresented. The information you relayed to the Division as a result of the ACOE site visit was simply
that there were no wetlands within the boundary of the existing farm fields. During our phone
conversation on July 21, 1 asked that the Corp verify the wetland boundary you had identified on your site
map. My disappointment was that the boundary of the wetlands was not verified as a result of the ACOE
site visit. You stated I had missed an appointment with Mr. Garner on August 1 P. I had made no
appointment with Mr. Garner or yourself on August 1 f n. I stated I would try to make it to the mine that
day after a visit at another mine site in Pender County. I had relayed that information to you with the
hope you could meet me at the site. You indicated you would be on vacation and therefore would not be
available. You did not convey to me that you would attempt to set an appointment with Mr. Garner on
August 11th in my behalf.
You and I spoke on the phone on July 19, 2006 at which time you indicated you were very familiar with
the requirements of the NCG020000 permit. Your letter to Ed Beck relays frustration concerning the
requirements of Part Ill, Section C. 1. (page 5 of 9) which requires an Operations and Monitoring Plan be
secured, implemented and approved by the Division prior to any mine dewatering. The permit text does
not provide specifics since each O & M Plan is entirely site specific. The only specifics provided in the
permit text are as.follows:
• Monitoring strategies to demonstrate the effect of pumping and, as necessary, establish
the pumping regime necessary to reduce impacts.
• Detailed plans to maintain the surrounding hydrology and the respective monitoring to
demonstrate compliance.
In response to your request, the following list of concerns/topics (which may not be all inclusive) are
offered in order to provide guidance for developing an O & M Plan for Nine Foot Road Mine #2:
Flow were the wetland boundaries determined?
On July 17, 2006, you advised me by phone that you had not walked any of the ditches
that are proposed for use in mine dewatering. Determine the distances each ditch
extends into the wetland and the distance from each ditch to the Newport River. Please
correct the site map accordingly. Describe how the ditches end. Do they gradually
disappear or do they end abruptly? Describe how the discharge to each ditch will
accomplish sheet flow to all the adjacent wetlands located around the perimeter of the
mine. Describe how the ditches will maintain hydrology for the adjacent wetlands
located north of the mine site.
rN ['thc',rolma
,Jl atura!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Interact: v,-ww.ncwater aq ality.org Fax [phone]
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Page three
NCG020683
• Your O & M Plan should include the volume of water the settling basin can hold and the
amount and the rate and duration of discharge anticipated from the settling basin. You
mentioned 12,000 gallons per day in an email to Mr. Ed Beck. Provide the calculations
(including any assumptions) justifying that estimate and include them in the Plan.
• The map shows one settling basin east of the ditch that cuts through the narrowest
portion of the mine site. During a visit to the mine, a settling pond was seen located West
of the ditch. Will this pond remain on site? Will it be used as a settling basin as well? If
it will be used as a settling basin please include it on the site map.
• The O & M Plan requires detailed plans to maintain the surrounding hydrology and the
respective monitoring to demonstrate compliance. The Plan states that a series of 6
shallow monitoring wells will be installed at the site, located 25 feet within the wetlands
and spaced no greater than 300 feet apart. Please include the locations of wells on the
site map in order that their locations can be seen relative to the adjacent wetlands
bordering the mine site.
• The Plan states that the monitoring wells will be 5 feet below the static water level. It
states also that if the well levels drop 3 feet or more, all dewatering in the excavation will
be suspended until groundwater levels have recovered to natural levels. Be advised, to
protect a wetland means to protect it's hydrology. A drop of 3 feet in the water table
could be detrimental to the wetlands. The seasonal high water table in the wetlands must
be determined either by a registered soil scientist or through long term monitoring. Those
levels should be documented and used as a benchmark to maintain throughout the wet
and growing season. Monitoring the overall condition of the vegetation while mining
activities occur would be beneficial. Should impacts in the adjacent wetlands occur, what
contingency backup plan will you utilize?
• The Plan states that the monitoring wells will be monitored once per month. This may be
adequate, however, should monitoring suggest significant changes in the wetland
hydrology, more frequent monitoring will be required.
The Mining permit No 16-61 requires a 50 foot buffer from mine site to the adjacent wetlands.
The map submitted with the NOI indicates a 25 foot buffer to wetland boundaries. Once the wetland
boundary is determined, the site map should be modified to show a 50 foot boundary between the mine
site and the adjacent wetlands.
I sincerely hope this correspondence provides you enough guidance to understand the type of contents
an O & M Plan should provide. Should you require any additional help, please do not hesitate to contact
me at 910-796-7343.
Sincerely,
VI/
Linda Willis
Environmental Engineer
Surface Water Protection Section
Division of Water Quality
Cc: Eck Beck, Regional Supervisor, Surface Water Protection Section, W1R0
'Bethany Georgoulias, Stormwater Permitting Unit, DWQ, Raleigh
Mr. Garner (5970 Highway 70, Newport NC 28570)

Re: Garner Construction NCG020683 & O&Ms in general
Subject: Re: Garner Construction NCG020683 & O&Ms in general
From: Bethany Georgoulias<[e-mail]>
Date: Mon, 21 Aug 2006 08:38:20 -0400
To: Linda Willis <Linda.Will is@ncmai1,net>
CC: Ed Beck <[e-mail]>, Bradley Bennett <[e-mail]>
Linda,
We issued this one back at the end of June (see attached letter). When I talked with
you about this one (6/27/06), you'd been out to the site and knew they'd need an 0&M
plan, but you'd consulted with Ed who advised there was no reason to hold up issuing
the permit because the 0&M would still be required before operation commenced. I have
a note that WiRO was going to convey that to the engineer. I also put that
information in the cover letter. We received a site plan of sorts -- it's hand drawn
but is to scale (it's large, so I'll have figure out how to copy it for you); the
mining permit was issued back in November of last year, but I don't have the
application.
Your question is one that keeps coming up, though, and I'm not sure how to address
it. we usually do not require the 0&M or BMPs plan before issuing the permit, and to
my knowledge, the regions have always been the ones to review and approve 0&M plans.
Shelter Creek is my first experience requesting one up front, and we don't have a lot
of details about what should be in those, unfortunately. I'm hearing from you that
you'd like the Central Office to be more involved with those reviews prior to permit
issuance. This is probably something that Ed and Bradley (and maybe Al Hodge, too)
should discuss so Central Office staff understand if the ROs need us to be doing more
before issuing NCG02s with this requirement.
I assume Mr. Izzell is waiting on approval of the O&M plan --the company should have
received the permit already.
-BG
Linda Willis wrote:
Bethany,
I had a conversation with their engineer, James Izzell. He is complaining that he
has turned in all that is required of him'and we're still holding up his permit. I
see the NCG was given. I can't seem to find a copy of the permit, did we get a
copy here in the Region? What kind of information did you get from them on the 0 &
M and BMP plan? I will draft a letter based on the information I have. . . I don't
have a site map etc. . I saw one that was attached to the mining permit
application, but we don't keep any of that information, it goes back to Land
Quality. Can you let me know what you've received and if you have reviewed it
yet. We need to put our heads together on this one too. We really need some more
specifics of what is needed for the 0.& M, I know it's site specific but there has
to be more details we can give than the vague language stated in the permit text on
the web.
Thanks
Linda
Bethany Georgoulias
Environmental Engineer
NC DENR DWQ
Stormwater Permitting Unit
[phone], ext. 529
[e-mail]
NCG020683_permit.pdil� Content -Type: application/pdf
I of 2 8/21/2006 8:39 AM

Re: Garner Construction NCG020683 & 0&Ms in general
Content -Encoding: base64
oft 8/21/2006 8:39 AM

Aja
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources_ _
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
Mr. Morgan L. Garner
Garner Construction Company
5970 Highway 70
Newport, North Carolina 28570
July 12, 2006
RE: Permit No. 16-61
Nine Foot Road Mine No. 2
Carteret County / White Oak River Basin
Dear Mr. Garner:
Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
NICOJO(v83
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to allow dewatering activities at the site as indicated on the
mine map received by the Land Quality Section on June 30, 2006 and in the supplemental
information received by the Land Quality Section on June 8, 2006. Please note that any
necessary permits required by the Division of Water Quality must be obtained prior to starting
dewatering activities.
Please attach this approval letter to your existing mining permit for future reference.
The expiration date, mine name and permit number on the permit document shall remain the
same as before this modification.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 47 acres and the amount of land_
you are approved to disturb is 13.8 acres.
Please advise this office at [phone] should you have any questions concerning
this matter.
Sin rely,
-- - -- - - to d R. Williams, PG; CPG- CPM" - - --
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. Dan Sams, PE
Mr. Bradley Bennett-DWQ, w/enclosures
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper

Michael F. Easley, Governor
,4�oF INA.
June 30, 2006
Morgan Garner
Garner Construction Company
5970 Highway 70
Newport, NC-28570
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of.Water Quality
Subject: General Permit No. NCG020000
Nine Foot Road Mine #2
COC NCG020683
Carteret County
Dear Mr. Garner:
In accordance with your application for a discharge permit received on June 7, 2006, 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 May 9, 1994 (or as subsequently amended).
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.
Please be aware that mine dewatering at your site has the potential to impact adjacent
wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found
in Section C, Part 1 of your permit (Part III Page 5 of 9). You must have an approved
Operation and Monitorine Plan before mine dewaterine discharizes occur at vour facility.
Discharging mine dewatering wastewater without Plan approval will be subject to enforcement
action. An Operation and Monitoring Planforyour facility must be submitted to the Wilmington
Regional Office within 60 days of your receipt of this permit. Contact Ed Beck at the
Wilmington Regional Office at [phone] for more information about the approval
process
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.
No Carolina
�turally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterguality.ors Location: 512 N. Salisbury Sc Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmalive Action Employer — 50% RMded110% Post Consumer Paper

If you have any questions concerning this permit, please contact Bethany Georgoulias at
telephone number [phone] ext. 529.
Sincerely,
ORIGINAL SIGNED BY
Alan W. Klimek, P.E.
cc: Wilmington Regional Office
Central Files
Stormwater Permitting Unit Files

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020683
STORMWATER, MINE DEWATERING, 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,
Garner Construction Company
is hereby authorized to construct and operate dewatering treatment systems, and is hereby
authorized to discharge stormwater and discharges associated with mine dewatering from a
facility located at
Nine Foot Road Mine #2
On SR 1124, 1.25 miles east of US Highway 70
Carteret County
to receiving waters designated as the Newport River, class C water, in the White Oak River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III, IV, V, VI and VII of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective June 30, 2006,
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day June 30, 2006.
ORIGINAL SIGNED BY
KEN PICKLE
for Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

BE
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Latitude: 34'47'34" NCG020683
Longitude: 76'53'45" Nine Foot Road
County: Carteret Mine #2
Stream Class: C
Receiving Stream: Newport River
Subbasin: 03-05-03 (White Oak River Basin)
Facility '
Location
r. .
Cff0tfA J1 ICALI1:r4,eae

NCG020683 June 23, 2006
B. Georgoulias
Garner Construction —Nine Foot Road Mine #2
rev. 6/27/06
Summary
This facility submitted a Notice of Intent to be covered under General Permit NCG020000 (Mineral
& Mining Industry). The stormwater and mine dewatering discharge drains to the Newport River
(Class C) through wetlands, in the White Oak River Basin. This facility is located in Carteret
County, handled by the Wilmington Regional Office.
Application review
a) The permit application has been signed and sufficiently completed. Yes.
With the NOI, the applicant submitted a copy of the mining permit, issued in
November 2005.
b) The SIC code accurately describes this facility's activities and is covered by this general
permit. Yes. SIC: 144x (Sand and Gravel Mining)
c) Does this facility have other permits? Mining Permit from DLR.
d) Hazardous Waste Activities? No.
e) DLR Mining Permit status requested: N/A. DLR copies SPU on final permit issuance
letters.
Mining Permit Issued: 11/17/05 (verified 6/23 in IBEAM)
f1 Regional Office input requested: 6/23/2006 (WiRO contact E. Beck).
RO Approval received: 6/27/2006
Application indicates potential wetlands impact. Linda Willis visited the site
(original site probably built in the wetlands; this one adjacent). She recommended a
401 certification and NCG02 (had not had one b/c assumption was no dewatering
meant no permit requirement...) Site already has network of ditches that convey
stormwater and may introduce turbid water into wetlands; site also requires wetland
delineation and an O&M plan before dewatering may occur. After consulting with
Ed Beck, no reason to hold up issuing the permit, but satisfactory O&M plan must be
submitted before dewatering allowed (WiRO will convey to engineer).
g) Is an AtC Required? No. No significant clay mining or recycle system for dewatering
discharges, so no AtC review/approval required.
h) Special Notes: Site map notes that excess stormwater or groundwater will be pumped
out of the mining areas and through an added basin prior to any discharge.
Discharges should average less than 12,000 gallons per day.
i) Application approved? Yes.
Phone logs
6/26/06: James Isell (Consultant to applicant) phoned regarding status. Pending WiRO approval.
Phone call from Linda Willis (WiRO) re: visit and status 6/27/06.

Re: Nine Foot Mine #2 - Carteret
A Z
Subject: Re: Nine Foot Mine 92 - Carteret
From: Ed Beck <[e-mail]>
Date: Fri, 23 Jun 2006 13:46:35 -0400
To: Bethany Georgoulias <Bethany. Geo rgo ul ias@ncmai 1. net>
CC: Linda Willis <[e-mail]>
Bethany
We will review it and respond to you with comments. We had a bad compliance history
with Morgan Garner in the past when he operated a sludge disposal site. We will be
very cautious and get everything we need up front.
Ed
Bethany Georgoulias wrote:
Hi Ed,
We've received an NOI from Garner Construction for Nine Foot Mine #2 Mine in
Newport (Carteret County) for coverage of their sand mine under NCG02 (Mining 5W/WW
permit). The site (sched. to start April 2006?) will discharge stormwater and
mining dewatering water into the Newport River (Class C segment) through a settling
basin, *and into wetlands* adjacent to the river. The Mining Permit (16-61) was
issued from DLR back in November 2005,
The NOI is attached; however, there is a larger map that I couldn't scan -- it will
be on it's way to you via interoffice mail. .At the bottom of the map, a note says
"Modification Request, June 2006: Excess stormwater or groundwater will be pumped
out of the mining area. A basin has been added within the previously approved
mining area. The only discharge of any water will be by pumping through this
basin. Discharges will average less than 12,000 gallons per day. All stormwater
will be contained within the mining area until it is pumped out."
Does the Wilmington Regional Office have any.concerns about issuing this facility a
COC for this general permit? Obviously, there are potential impacts to wetlands,
so I'm not sure if the Region has already been working with this permittee
regarding an Operation and Monitoring plan. Normally if we don't receive any
objections, we'll issue the COC in 30 days, but I'll wait to hear from you on this
one given the wetlands issues.
Thanks,
BG
1 of 1 6/23/2006 1:49 PM

NC®ENR=
North Carolina Department of Environment and Natural Resources
Division of Land Resources
. Land Quality Section_ -
James D. Simons, PG, PE
Director and State Geologist
November 17, 2005
Mr. Morgan L. Garner
Garner Construction Co.
5970 Highway 70
Newport, NC 28570
RE: Nine Foot Road Mine Number 2
Carteret County
White Oak River Basin
Dear Mr. Garner:
Michael F. Easley, Govemor
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The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 16-61 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 November 17. 2015. 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.
As a reminder, your permitted acreage at this site is 47 acres and the amount of land
you are approved to disturb is 13.8 acres.
Please review the permit and contact Kristin Hicklin, Assistant State Mining Specialist,
at [phone] of any objection or questions concerning the terms of the permit.
Sincerely,
AloydaR. Williams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRWIkh
Enclosures
CC' Mr. Dan Sams, PE
Ms. Shannon Deaton -WRC, w/enclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carclina, 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recyclec', ;o99 Pest Consumer Paper

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:
Garner Construction Co.
Nine Foot Road Mine Number 2
Carteret County - Permit No. 16-61
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: November 17 2015

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 November 17, 2015.

Page 3
Conditions
This permit shall be,subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
- - the following conditions and limitations: -- - --- - - - - _ - -
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Division of Water Quality to secure any necessary stormwater permits or other
approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements acid rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, -water trucks or other means that may be necessary -
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4, A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
C. Mining activities shall be conducted as indicated on the mine map dated July 25,
2005 and received by the Land Quality Section on September 27, 2005.
D. No mine dewatering activities shall occur at this site.

Page 4
5. All affected area boundaries (13.8 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9: Sufficient buffer, as indicated on the mine map dated July 25, 2005 and received by the
Land Quality Section on September 27, 2005, shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5, steel reinforced air hoses
6. drill steel

Page 5
D. If mining refuse is to be permanently disposed within the mining permit boundary,
the following information must be provided to and approved by the Division of
Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to on -
site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of an
$11,500.00 Assignment of Savings Account, is sufficient to cover the operation as
indicated in the approved application. This security must remain in force for this permit
to be valid. The total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

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

Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 1OD.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Reve etation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan prepared by Mr. James Izzell, PG, of Carolina Geological Services,
Inc. dated July 25, 2005.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
Permit issued this 17'h day of November 2005.
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the 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 Garner Construction Company to conduct mining
activities off SR 1124 (Nine Foot Road) in Carteret County. The mining permit (no. 16-61) was
issued on November 17, 2005.
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. T
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 15013-23. 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 Cleric 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.
/4 1
Jamef D. Simons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on l D
i
i
Brenda Harris
Mining Program Secretary

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,j Compoct rnotviais in lft. lifts by construction trnific.
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remain within the mining area. Sand will be pumped onto the Phnt and Process Area
shown, with all excess water draining back into the mining pond. A perimeter berm will
surround the mining area and the plant and process area to furthe- prevent any offsite
sedimentation. At the conclusion of mining, any areas that are atove water level will be
graded to a 3:1 slope or flatter and seeded according to schedule. All slopes under water
level will be at 2:1 or at a stable angle of repose.
Modification Request, June 2006: Excess stormwater or groundwater will be pumped
out of the mining area. A basin has been added within the previou,ly approved mining
area. The only discharge of any water will be by pumping through this basin. Discharges
will average less than 12,000 gallons per day. All stormwater will )e contained within
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