19-25 Mining Permit Brickhaven_20150901

AW-EN R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 1, 2015
Mr. Charles Price
Green Meadow, LLC
12601 Plantside Drive
Louisville, Kentucky 40299
RE: Mining Permit No. 19-25
Brickhaven No. 2 Mine Tract "A"
Chatham County
Cape Fear River Basin
Dear Mr. Price:
Donald R. van der Vaart
Secretary
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the affected acreage at this site to 268 acres as
indicated on the Erosion and Sediment Control Plan — Phase 2 Plan 2, Sheet 02C-09 last
revised July 14, 2015. The modification includes the addition of a rail spur in the northwestern
corner of the site and includes the installation and maintenance of all associated erosion and
sediment control measures. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 1C, 2B, 3E, 4D, 4E, 6 and 10B.
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 301 acres and the amount of land
you are approved to disturb is 268 acres.
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htto://portal,ncdenr.org/web/Ir/
Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Mr. Price
Page Two
Please review the modified permit and contact Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
eF
Boyer, PE
ning Specialist
ality Section
JSB/jw
Enclosures
cc: Mr. John Holley, PE, DEMLR Raleigh Regional Office Supervisor
Mr. Bradley Bennett, DEMLR Stormwater Permitting Supervisor
Mr. Ed Mussler, PE, Division of Waste Management Permitting Supervisor
Mr. Jay Zimmerman, PG, Director, Division of Water Resources
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND 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:
Green Meadow, LLC
Brickhaven No. 2 Mine Tract "A"
Chatham County - Permit No. 19-25
for the operation of a
Clay 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: June 5, 2025

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.
Modifications
October 5, 1995: This permit has been modified to increase the affected acreage from 17
acres to 83.5 acres, approve the pit expansion and the upgrading of the associated sediment
and erosion control measures as per the Mine Site Map dated August 27, 1995, and allow
modification to the spray irrigation system as approved by the Division of Water Quality.
August 2, 1996: This permit has been modified to change the corporate name from Cherokee
Sanford Group, Inc. to Cherokee Sanford Group, LLC.
September 24, 1998: This permit has been modified to allow the temporary use (two year
approval) of Photafloc polymer for enhanced sediment control experimentation purposes, with
stipulations as outlined in the approval letter.

Page 3
November 4, 1999: This permit has been modified to increase the affected acreage at the site
to 337 acres as indicated on the mine map dated September 9, 1999. This modification also
includes the revised erosion and sediment control plan dated September 22, 1999 and allows
the use of Calgon Catr-Floc DL for flocculation of fine particles in the basins onsite.
April 6, 2005: This permit has been modified to change the corporate name from Cherokee
Sanford Group, LLC to General Shale Brick, Inc.
October 10, 2007: This permit has been modified to increase the permitted acreage to 648.65
acres and the affected acreage at this site to 590.89 acres as indicated on the Mine Details
Map last revised April 23, 2007. The modification includes the addition of several tracts to the
east and south of the existing permit boundaries. In addition, the modification includes
expansion of the mine excavation area into said tracts and installation and includes the
maintenance of all associated erosion and sediment control measures.
October 20, 2014: This permit has been modified to establish the permitted acreage as 301
acres and the affected acreage at this site as 270.16 acres as indicated on the Tract "A"
Overall Site Topography Map dated September 3, 2014. Mining Permit No. 19-08 has been
split into two separate mining permits, Brickhaven No.2 Mine Tract "A" (mining permit No. 19-
25) and Brickhaven No. 2 Mine Tract "B" (Mining Permit No. 19-08).
January 23, 2015: This permit has been transferred in its entirety from General Shale Brick,
Inc. to Green Meadow, LLC.
April 23, 2015: This permit has been modified to replace the flocculant currently permitted with
FLOC-UL8 and GT Clear, manufactured by Green Technologies, to improve settling efficiency
of suspended solids in the mine discharge water at this site provided these products are used
in accordance with the manufacturer's instructions as outlined in the letter and supplemental
information received by the Land Quality Section on April 10, 2015.
June 5, 2015: This permit has been modified to redesign the erosion and sedimentation
control measures throughout the site and reduce the affected acreage to 267 acres as
indicated on the Mine Maps last revised December 31, 2014. The modification also includes
changing the method for reclaiming the mine by constructing structural fill using Coal
Combustion Byproducts (CCBs) in accordance with the provisions of the Coal Ash
Management Act of 2014 and the terms and conditions of Permit to Construct and Operate
Brickhaven No. 2 Mine Tract "A" Mine Structural Fill Permit No. 1910-STRUC-2015 issued by
the Division of Waste Management on June 5, 2015.
September 1, 2015: This permit has been modified to increase the affected acreage at this
site to 268 acres as indicated on the Erosion and Sediment Control Plan — Phase 2 Plan 2,
Sheet 02C-09 last revised July 14, 2015. The modification includes the addition of a rail spur
in the northwestern corner of the site and includes the installation and maintenance of all
associated erosion and sediment control measures.

Page 4
Expiration Date
This permit shall be effective from the date of its issuance until June 5, 2025.
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. GS 74-51 (d) (3)
B. Any approvals or permits required to collect, handle, and properly dispose of any
water contacting Coal Combustion Byproducts (GCBs) shall be obtained prior to
any placement of CCBs within the mining permit boundary. GS 74-51 (d) (3)
C. Any water that comes into contact with CCBs in the rail unloading area shall be
collected and treated as indicated on the Erosion and Sediment Control Plan —
Phase 2 Plan 2, Sheet 02C-09 last revised July 14, 2015 and the supplemental
information received by the Land Quality Section on July 16, 2015. The permittee
shall submit a copy of its rail unloading operation and maintenance procedures to
the Land Quality Section prior to delivery of coal ash by rail to the site. GS 74-51
(d) (3)
D. Any stormwater runoff from the affected areas at the site shall be managed in
accordance with any applicable permit requirements and regulations
promulgated by the Environmental Management Commission. It shall be the
permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits, permit modifications, or other approval
documents. The terms and conditions of NPDES General Permit No.
NCG020354 last revised December 16, 2014 shall be followed. GS 74-51 (d) (3)
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality. GS 74-51
(d) (3)
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area from any onsite
roads, coal ash structural fill cells, rail unloading areas and any other land
disturbing activities at the site. GS 74-51 (d) (3)

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A. Sufficient buffer 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. GS 74-51 (d) (2)
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. GS 74-51 (d) (2)
C. Buffers shall be maintained as indicated on the Mine Maps last revised
December 31, 2014. GS 74-51 (d) (2)
D. No land disturbing activities shall be allowed within 50 feet of any wetland or
waterway until proof has been submitted to the Land Quality Section that all
necessary permits/certifications have been obtained from the US Army Corps of
Engineers and the Division of Water Resources. GS 74-51 (d) (2)
E. No land disturbing activities associated with the installation of the railroad spur
shall be allowed within 50 feet of any wetland or waterway until proof has been
submitted to the Land Quality Section that all necessary permits/certifications
have been obtained from the US Army Corps of Engineers and the Division of
Water Resources. GS 74-51 (d) (2)
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. GS 74-51 (d) (6)
B. In order to improve settling efficiency of suspended solids in the mine discharge
water at this site, the operator shall use the flocculants FLOC-UL8 and GT Clear,
manufactured by Green Technologies, provided these products are used in
accordance with the manufacturer's instructions as outlined in the letter and
supplemental information received by the Land Quality Section on April 10, 2015.
GS 74-51 (d) (6)
C. All mining activities and any land disturbing activities conducted within the mining
permit boundary associated with the construction of the Coal Combustion
Byproducts (CCBs) structural fill, including the installation and maintenance of all
associated erosion and sediment control measures, shall be conducted as
indicated on the Mine Maps last revised December 31, 2014 and the
supplemental information received by the Land Quality Section on November 21,
2014, January 6, 2015 and March 17, 2015. GS 74-51 (d) (1-7)

D. All land activities associated with the installation of the rail spur, including the
installation and maintenance of all associated erosion and sediment control
measures, shall be conducted as indicated on the Erosion and Sediment Control
Plan — Phase 2 Plan 2, Sheet 02C-09 last revised July 14, 2015 and the
supplemental information received by the Land Quality Section on July 16, 2015.
The permittee shall submit a copy of its rail unloading operation and maintenance
procedures to the Land Quality Section prior to delivery of coal ash by rail to the
site. GS 74-51 (d) (1-7)
E. No blasting activities shall be conducted within the mining permit boundary. GS
74-51 (d) (4)
Groundwater monitoring and sampling prior to, during and post -disposal of Coal
Combustion Byproducts (CCBs) into the mined pits shall be implemented as outlined in
the Coal Ash Management Act and per the plan prepared for and approved by the
Division of Waste Management through Permit to Construct and Operate Brickhaven
No. 2 Mine Tract "A" Mine Structural Fill Permit No. 1910-STRUC-2015 issued on June
5, 2015. GS 74-51 (d) (2 and 3)
All affected area boundaries (268 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals. GS 74-51
(d) (4)
7. The angle for graded slopes and fills shall be no greater than the angle that 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. GS 74-51 (d)
(4)
8. 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. GS
74-51 (d) (2)
9. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public. GS
74-51 (d) (4)
10. A. Sufficient buffer shall be maintained between any excavation and any mining
permit boundary to protect adjacent property. GS 74-51 (d) (4)
B. Buffers shall be maintained as indicated on the Mine Maps last revised
December 31, 2014 and as indicated on the Erosion and Sediment Control Plan
— Phase 2 Plan 2, Sheet 02C-09 last revised July 14, 2015. GS 74-51 (d) (4)

Page 7
11. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained
around the perimeter of any highwall. GS 74-51 (d) (4)
12. A. The on -site disposal of Coal Combustion Byproducts (GCBs) as structural fill
within the mining permit boundary shall be conducted in accordance with the
Coal Ash Management Act and Permit to Construct and Operate Brickhaven No.
2 Mine Tract "A" Mine Structural Fill Permit No. 1910-STRUC-2015 issued by the
Division of Waste Management on June 5, 2015. GS 74-51 (d) (7)
B. Notwithstanding the above condition, 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. GS 74-51 (d) (7)
C. 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. GS
74-51 (d) (7)
D. For the purposes of this permit, the Division of Energy, Mineral and Land
Resources considers the following materials to be "mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
GS 74-51 (d) (7)
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
E. If mining refuse is to be permanently disposed within the mining permit boundary,
the following information must be provided to and approved by the Division of
Energy, Mineral, and Land Resources prior to commencement of such disposal:
GS 74-51 (d) (7)
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;

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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.
13. 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.
GS 74-55
14. 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. GS 74-52 (a)
15. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$500,000.00 blanket bond, 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. GS 74-54
16. 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. GS-74-50 (b3) (7)
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. GS-70-3

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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 be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
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.
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 backfill the mine excavation with Coal Combustion Byproducts (CCBs) in
accordance with the Coal Ash Management Act and Permit to Construct and Operate
Brickhaven No. 2 Mine Tract "A" Mine Structural Fill Permit No. 1910-STRUC-2015
issued by the Division of Waste Management on June 5, 2015. In addition, any
disturbed areas shall be regraded and revegetated as indicated on the Reclamation
Plan, Sheet 03C-02, dated November 2014. GS 74-53
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows: GS 74-53

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A. All the final perimeter side slopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.
B. Any settling ponds or sediment basins shall be backfilled and stabilized.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. Materials not specifically approved within this mining permit shall not be
permanently disposed of at the mine site. On -site disposal of Coal Combustion
Byproducts (CCBs) and mining refuse shall be conducted in accordance with
Operating Condition Nos. 11Athrough 11E.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the Seeding
Plan submitted on the Erosion and Sedimentation Control Details, Sheet 3 of 3, last
revised December 31, 2014. GS 74-53
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass. GS 74-51 (d)
(2)
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. GS
74-51 (d) (2)
4. Reclamation Plan:
A. 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. GS 74-53

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B. Specific reclamation phases and schedules shall be followed as described in the
Reclamation Timeline, Section C, submitted with the supplemental information
received by the Land Quality Section on January 6, 2015 as follows: GS 74-53
Acres
Estimated Completion
Phase 1 (Cells1 and 2)
62.5
December 2019
Phase 2 (Cells 3 and 4)
47.5
July 2021
Phase 3 (Cell 5)
34.8
August 2022
This permit, issued to Cherokee Brick Company on August 30, 1985, transferred to
Cherokee Sanford Group on November 4, 1988, simultaneously renewed and modified
October 5, 1995, modified August 2, 1996, September 24, 1998, November 4, 1999,
and April 6, 2005, renewed September 15, 2005, modified October 10, 2007 and
October 20, 2014, transferred to Green Meadow LLC January 23, 2015, modified April
23, 2015 and renewed and modified June 5, 2015, is hereby modified this 1gt day of
September, 2015 pursuant to G.S. 74-52.
-10
Tracy E. 6avis, PE, CPM, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources