Fax - 8/11/1993

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MESSAGE CONFIRMATION
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18031 08-121 09:44T-00�20'55 1 —70-4- 264 e6311 OK -15 NG -00 I

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Signed
N.C. Dept. of Environment, Health, and Natural Resources
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STATE OF NOR77I CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH,
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DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DMSION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
(919) 7334574
FAX NUMBER: 733-2876
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Mr. Bill H. Cecile,
Radford Quarries of
P.O. Box 1114
August 12, 1993
President
Boone, Inc.
North Wilkesboro, North Carolina 28659
RE: Bamboo Road Quarry
Watauga County
Dear Mr. Cecile:
The application for a mining permit for the Bamboo Road
Quarry in Watauga County has been found to meet the requirements
of G.S. 74-51 of The Mining Act of 1971. As your company has
recently submitted the required $12,500.00 reclamation bond
sufficient to cover this application, I am enclosing the mining
permit.
The conditions of Mining Permit No. 95-03 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 AmMst 12. 2003.
Please be advised that G.S. 74-65 states that the issuance
of a mining permit does not supersede local zoning regulations.
The responsibility of compliance with any applicable zoning
regulations lies with you.
As a reminder, your permitted acreage and the amount of land
you are allowed to disturb at any one time at this site are both
16.5 acres, as indicated in the supplemental information received
by the Department on August 2, 1993 and as indicated on the
revised Mine Map dated July 29, 1993.
Please be advised that no crushing or mine dewatering can be
conducted at this site without first obtaining appropriate air
quality and water quality permits for these activities,
respectively.

Mr. Cecile
Page 2
This office appreciates your cooperation in this matter.
Please review the permit carefully and notify this office at
[phone] of any objections or questions you may have
concerning the terms and conditions of the permit.
Sincerely,
Tracy E. Davis, E.I.T.
Mining Specialist
Land Quality Section
td
Enclosure
cc: Mr. Doug Miller
Ms. Sueanna Sumpter
Mr. Randal Marsh
Mr. Dave Paletta
Mr. Joe Napolean
Mr. Larry Brody

CDOIF T-.ALMI:3
IP IE IEZ M X rJV
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through
68, "The Mining Act of 1971,11 Mining Permit Rule 15A
NCAC 5 B, and other applicable laws, rules and
regulations
Permission is hereby granted to:
Radford Quarries of Boone, Inc.
Bamboo Road Quarry
Watauga County - Permit No. 95-03
for the operation of a
Crushed Stone Quarry
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: August 12, 2003

Page 2 of 11
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health 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 secu 1-'On'�tl
file with the Department, and may survive the expiratio
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.
As provided in G.S. 74-65, issuance of this mining permit does
not supersede local zoning regulations or the enforcement of
same. By way of illustration and not limitation, this permit
does not supersede local floodway regulations containing
requirements more stringent than those set forth herein. In the
event that compliance with such local zoning regulations requires
that the mining operation as proposed in the application and
approved by the Department be changed, the mine operator is
required to submit a request for modification of this permit and
to obtain approval from the Department prior to implementing such
changes.

Page 3 of 11
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
11, A. F
This permit shall be effective from the date of its issuance
until AmMst 12, 2003.
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:
1. Wastewater and Ouarry Dewatering
A. Any wastewater processing or mine dewatering shall be
in accordance with the permitting requirements and
rules promulgated and enforced by the N.C.
Environmental Management Commission. No dewatering
activities shall occur at the -mine site until a valid
NPDES permit has been issued by the Department.
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 Water
Quality Section, Division of Environmental Management,
to secure any necessary stormwater permits or other
approval documents.
2. Air Ouality and Dust Control
A. Any mining related process producing air contaminant
emissions including fugitive -dust shall be subject to
the permitting requirements and rules promulgated and
enforced by the N.C. Environmental Management
Commission. No crushing activities shall occur at the
mine site until a valid air quality permit has been
issuedby the Department.
B. During quarry operation, water trucks or other means
that may be necessary shall be utilized to prevent dust
from leaving the permitted area.

3.
4.
Page 4 of 11
Buffer Zones
A. Any mining activity affecting wetlands shall be 14L zv_�
accordance with the requirements and regulations
1,11Y
promulgated and enforced by the U.S. Army Corps f I
Engineers. [Jo 9 1 A F
B. Sufficient buffer (minimum of 50 feet undisturbed
measured from the edge of the normal high water level
of the South Fork New River) shall be maintained
between any affected land and any adjoining waterway to
prevent sedimentation of that waterway from erosion of
the affected land and to preserve the integrity of the
natural watercourse.
C. The buffer zones along all mining permit boundaries, as
indicated on the revised Mine Map dated July 29, 1993,
shall be maintained to prevent caving of any adjoining
property and to allow grading of the side slopes to the
required angle. These buffer zones, with the exception
of the installation of required sediment control
measures and earthen berms, shall remain undisturbed.
D. Any areas that have been previously affected within the
buffer zones noted in this permit shall be revegetated
and remain undisturbed to prevent offsite
sedimentation.
E. All mining permit boundaries (16.5 acres) shall be
clearly and permanently marked at the mine site on
minimum 50 foot intervals within 60 days of the
issuange of this pgrmit.
Erosion and Sediment Control
A. Adequate mechanical barriers including, but not limited
to diversions, earthen dikes, silt check dams, silt
retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance
and maintained throughout the life of the operation -and
until all disturbed areas upstream have been
permanently stabilized to prevent sediment from
discharging onto adjacent surface areas or into any
lake or natural watercourse in proximity to the
affected land.

Page 5 of 11
B. All permanent erosion and sedimentation control
measures indicated on the revised Mine Map dated July
29, 1993 shall be installed within 60 days of tw% &­*'
issuance of this Rermit and maintained to prevet.
offsite sedimentation. Temporary erosion and At
sedimentation control measures shall be install--- rA
immediately and maintained to prevent offsite
sedimentation until the permanent measures noted above
have been properly installed. An erosion and
sedimentation control plan(s) shall be submitted to the
Department for approval prior to any land disturbing
activities not indicated on the revised erosion control
plan or mine maps submitted with the approved
application for a mining permit. Such areas include,
but are not limited to, expansion outside of the
approved pit area as indicated by the two solid black
lines on the revised Mine Map dated July 29, 1993,
creek crossings, or expansion of overburden disposal
areas.
C. All surface water runoff from the affected areas at the
site shall be diverted into appropriate erosion and
sedimentation control measures to prevent offsite
sedimentation.
D. All sediment basins and rock check dams shall be
cleaned out and restored a minimum of once every six
(6) months, when they become one-half (1/2) full of
sediment, andafter every significant rainfall event.
5. Groundwater Protection
Groundwater monitoring wells shall be installed and
monitored as deemed appropriate by the department.
6. Graded Slopes and Fills,
A. 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 offsite damage because of siltation, shall be
planted or otherwise provided with groundcover, devices
or structures sufficient to restrain such erosion.
B. overburden cut slopes along the perimeter of any pit
expansions conducted after the date,of issuance of this
permit shall be graded to a minimum 2 horizontal to 1
vertical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum twenty (20)
foot wide horizontal safety bench shall be provided at
the top of the rock and at the toe of the overburden
slope.

Page 6 of 11
C. Any overburden cut slopes along the perimeter of the
existing pit area that were excavated prior to the date
of issuance of this permit shall be provided with the
slopes and safety benches required by Operating
Condition No. 6.B. above within me (1) yqar ofrgm
issuance of -this permit.
7. Surface Drainage
S.
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.
Blasting
The operator shall provide to the Department a copy of the
findings of any seismic studies conducted at this facility.
The operator shall make every reasonable effort to
incorporate the studies' recommendations into the production
blasting program.
The following blasting conditions shall be observed by the
operator to prevent hazard to persons and adjacent property
from thrown rock or vibrations:
A. In all blasting operations, except as hereinafter
otherwise provided, the maximum peak particle velocity
of any component of ground motion shall not exceed 1.0
inch per second at the immediate location of any
building outside of the permitted area regularly
occupied by human beings such as dwelling house,
church, school, public building, or commercial or
institutional building outside of the permitted area.
The gperator shall Wo -nit -or each blast with a
seigp2graph.
B. Airblast overpressure shall not exceed 128 decibels
linear (DBL) as measured at the immediate location of
any regularly occupied building outside of the
permitted area such as any dwelling house, church,
school, public building, or commercial or institutional
building.
C. The operator shall take all reasonable precautions to
insure that flyrock is not thrown beyond the permitted
boundaries. Should flyrock occur beyond the permitted
boundaries or the levels in Items A and B above are
exceeded, the operator shall report the incident to the
Department immediately and further use of explosive at
the site shall be immediately suspended until the
following actions have been taken:

a
Page 7 of 11
1. A thorough investigation as to the cause(s) of the
incident shall be conducted.
2. A satisfactory report detailing the investigation
shall be provided to the Department within 10 days
of the incident. Said report shall, at a minimum,
document the,cause(s) of the incident along with
technical and management actions that wi
taken to prevent further incidents. U P
The report shall meet with the approval of the
Department before blasting may resume at the site.
Failure to take corrective measures to prevent flyrock
and repeated instances of flyrock shall be considered a
violation of this permit.
D. The operator shall maintain records on each individual
blast describing: the total number of holes; pattern
of holes and delay of intervals; depth and size of
holes; type and total pounds of explosives; maximum
pounds per delay interval; amount of stemming and
burden for each hole; and blast location. Records of
all seismograph recordings made for each blast at the
site shall also be maintained. Records shall be
maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
E. The operator shall, when requested by the Department,
give 24 hour advance notice to the Land Quality section
prior to any blast during a period for which notice is
requested.
High Wall Barrier
A. A physical barrier consisting of a four (4) strand,
four (4) foot high barbed wire fence (with each strand
approximately one foot apart attached to 4 foot by 4
foot wood posts, or approved alternative, on 15 foot
spacings) shall be installed within one (1) "ar of the
issuance of this pgrmit in the location indicated on
the revised Mine Map dated July 29, 1993. Said fencing
shall be maintained at all times around the perimeter
of any highwall to prevent inadvertent public access.
Highly visible warning signs shall be attached to the
fence at 50 foot intervals.
B. The existing three (3) strand barbed wire fence,
located along the top edge of the current pit area,
shall be maintained until the fencing noted in
Operating Condition No. 9.A. above has been properly
installed as required by this permit.
C. A minimum 20 foot wide horizontal safety bench shall be
provided at the junction between the top of rock and
the toe of the overburden cut slope.

10.
11.
12.
13.
Page 8 of 11
Visual Screening
A. Existing vegetation shall be maintained between the
mine and public thoroughfares to screen the operation
from the public. Additional screening methods shall be
employed as deemed appropriate by the Department.
B. Appropriate tree plantings and landscaping shall be
implemented and maintained as shown on the revised Mine
Map dated July 29, 1993 to improve visual and noise
buffering. Said Rlantings shall be Drovided-within 90
days of the issuance of this permit.
Plan Modification
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.
Approval to implement such changes must be obtained from the
Department Rrior to on-site implementation of the revisions.
Refuse Disposal
A. No on-site disposal of refuse or other solid waste that
is generated outside of the mining permit area shall be
allowed within the boundaries of the mining permit area
unless authorization to conduct said disposal has first
been obtained from both the Division of Solid Waste
Management and the Land Quality Section, Department of
Environment, Health 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 Solid 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. The Surplus Material Storage Area shall be located in
the quarry excavation as indicated on the revised Mine
Map dated July 29, 1993. Said area shall be maintained
outside of the dewatering area.
Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February I of each year until
reclamation is completed and approved.

14.
15.
Page 9 of 11
Bonding
The security which was posted pursuant to N.C.G.S. 74-54 in
the form of a $12,500.00 Assignment of Savings Account is
sufficient to cover the operation as indicated on the
approved application. This security must remain in force
for this permit to be valid. The total I cted land shall
not exceed the bonded acreage. MI.
,65
Archaeological Resources �Fl
Authorized representatives of the Division of Archives and
History shall be granted access to the site to determine the
presence of significant archaeological resources.
16. Land Entry Agreement
An original and one copy of the completed Land Entry
Aareement forms sianed bv all owners of record of land uDon
which the mining permit area
to the Land Quality Section
the issuance of this permit,
is located shall be submitted
Central Office within 60 dAys, of

Page 10 of 11
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, 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 allow the quarry
excavation to fill with water, provide a permanent barricade
(fence or vegetated earthen berm) along the top of any
highwall, and grade and revegetate any areas in
unconsolidated material.

Page 11 of 11
2. The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. All areas of unconsolidated material such as overburden
or waste piles shall be graded to a minimum 2
horizontal to 1 vertical or flatter slope (unless
otherwise approved by the Department prior to final
sloping) and terraced as necessary to insure slope
stability.
B. Any settling ponds and sediment control basins shall be
backfilled, graded, and stabilized.
C. The processing, stockpile, and other disturbed areas
neighboring the mine excavation shall be leveled and
smoothed.
D. Compacted surfaces shall be aisced, subsoiled or
otherwise prepared before revegetation.
E. No contaminants shall be permanently disposed of at the
mine site. on-site disposal of waste shall be in
accordance with operating Conditions Nos. 12A, B and C.
F. The affected land shall be graded to prevent the
collection of noxious or foul water.
3. Revegetation Plan:
All disturbed areas shall be permanently revegetated
according to the Revegetation Plan approved by Mr. Allen L.
Childers, District Conservationist, USDA -SCS, on March 26,
1993 and the supplemental year-round seeding specifications
received by the Department on July 13, 1993.
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 th t of August, 1993.
By:. V T
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

P`i
NOTICE OF ISSUANCE OF F T
NINING PERMIT
You have previously expressed an interest and/or are listed
as an adjoining land owner in the application for a mining permit
filed by'Radford Quarries of Boone, Inc. to conduct mining
activities at the Bamboo Road Quarry in Watauga County. The
mining permit was issued on August 12, 1993.
A recent North Carolina Court of Appeals decision has held
that a person aggrieved by the issuance of a mining permit has
the right to initiate a contested case hearing in the Office of
Administrative Hearings pursuant to N.C.G.S. 150B-23 of the
Administrative Procedure Act (APA). Please be advised however,
that this Department disagrees with that ruling and has recently
filed documents in the Office of Administrative Hearings to limit
permit issuance challenges to a hearing on the record in superior
Court pursuant to N.C.G.S. 150B-43. A ruling on the Department's
request is still pending.
Despite our position on this issue, North Carolina law
requires us to inform you of your right to contest the issuance
of the permit. Unless the Court of Appeals' decision is changed,
you still have the right to seek a contested case hearing
pursuant to N.C.G.S. 150-23 of the APA. To preserve your right
to a hearing, you must file a petition for a contested case in
the Office of Administrative Hearings within sixty (60) days of
the mailing of this notice to you.
The address for filing the petition is The Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C.
27611-7447. Their telephone number is [phone].
This notice was mailed on August 13, 1993.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources