North Carolina Aggregates Association3700 National Drive, Suite 210, Raleigh, NC 27612

Phone: (919) 782-7055 l FAX: (919) 782-7060ncaa@ncaggregates.org l www.ncaggregates.org

Aggregate ReporterDecember 2014

NCAA Officers

PresidentSteve Bruce

Martin Marietta Aggregates

Vice President - EastTrent Sherrill

Wake Stone Corporation

Vice President - WestMark J. Koone

Thompson Contractors, Inc.

SecretaryScott DicksonHanson Aggregates

TreasurerTom Carroll

Vulcan Materials Company

Associate Member RepEldon Burgiss

James River Equipment

Past PresidentSam Bratton

Wake Stone Corporation

NCAA Committee Chairs

2015 ConventionTom Oxholm, ChairWake Stone Corporation

EnvironmentalJason Conner, ChairHedrick Industries, Inc.

Government AffairsSteve Reel, Chair

Martin Marietta Aggregates

Marketing & TechnicalKevin Vaughan, PE, Chair

Vulcan Materials Company

Safety & HealthBryan Moore, ChairVulcan Materials Company

General CounselMac Boxley

Boxley, Bolton & Garber

News Briefs… Vulcan Materials Company Receives Prestigious AwardVulcan Materials Company was awarded the prestigious Conservation Education Award at last month’s Wildlife Habitat Council’s (WHC) 26th Annual Symposium, Celebrating Corporate Conservation. Vulcan was recognized for its outstanding national legacy in the pursuit of excellence in wildlife habitat conservation education and outreach.

“It is a tremendous honor for our Company, and for our employees, to be recognized for our commitment to environmental education and sustainability. Many of our sites are located in and around areas with limited habitat for wildlife. By preserving portions of our land and establishing designated habitat areas, we provide sanctuaries for many plant and animal species,” said Tom Hill, President and CEO of Vulcan Materials Company.

The Conservation Education Award recognizes a corporation which has a history of striving for excellence in conservation education and outreach. The award honors an organization for its combined efforts in providing educational experiences and opportunities for personal contact with the natural world, benefiting both employees and the surrounding community. Nominees for the Conservation Education Award are selected from member corporations that submit applications for Corporate Lands for Learning certification or re-certification in a given year.

Margaret O’Gorman, President of the Wildlife Habitat Council, said in making the announcement, “We applaud Vulcan Materials Company for its outstanding commitment to establishing site-based education programs, linked soundly to habitat enhancement projects. This award is not for one specific program at one specific site. But rather, it honors the entire company for its collective efforts in providing quality and accessible education experiences and opportunities in the communities where Vulcan operates throughout the country.”

ABOUT THE WILDLIFE HABITAT COUNCIL: The Wildlife Habitat Council (WHC) is a nonprofit, non-lobbying organization dedicated to increasing the quality and amount of wildlife habitat on corporate, private and public lands. WHC devotes its resources to building partnerships with corporations and conservation groups to create solutions that balance the demands of economic growth with the requirements of a healthy, biodiverse and sustainable environment. WHC-assisted wildlife habitat and conservation education programs are found in 45 states, the District of Columbia and 12 other countries. www.wildlifehc.org

Source – Vulcan Materials Company Press Release~~~~~~~~~~~~~~~~~~

North Carolina Motor Fuels Tax to increase Jan 1Even though the price at the pump for gasoline has declined over the past few months, the motor fuels tax in North Carolina will increase from 36.5¢ to 37.5¢ starting Jan. 1. The average price for this base period was $2.88 per gallon. The new rate of 37.5¢ will remain until June 30, 2015. The motor fuels tax is adjusted every six months – on January 1 and July 1.

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Page 2 December 2014

Congress Passes FY 2015 Omnibus Funding Bill Over the weekend the Senate passed the $1.1 trillion FY 2015 spending bill by a vote of 56-40. Last Thursday, the House barely approved the bill by a vote of 219-206. The bill is now headed to the President for his signature. The massive omnibus spending measure would fund most agencies through September 30, 2015, with the exception made for the Department of Homeland Security, which will continue on FY 2014 spending levels through the end of February.

Highlights of the transportation, EPA, and MSHA portions of the bill.

Transportation: With highway funding in doubt beyond next spring, appropriators simply froze spending at 2014 levels for transportation. The Federal-aid for Highways remains at $40.256 billion, with about $17.8 billion in discretionary appropriations for the Department of Transportation, which is almost identical to last year’s. No new funding mechanisms were explored. This will set up the debate over highway funding in the new Congress.

EPA & Army Corp of Engineers: The EPA’s budget saw a reduction of $61 million – total budget is $8.2 billion, while the Army Corps of Engineers’ will increase by $922 million. There was no policy rider included to stop or delay EPA’s proposed rule-making on Waters of the United States, which would expand EPA jurisdiction to the detriment of aggregates producers and the economy as a whole. If this rider was included, the President threatened to veto the entire spending bill.

MSHA & State Grants program: MSHA’s new budget will be the same as FY 2014 - $375.8 million. The State Grants Program will also be funded through the new spending plan at the current level of $8.441 million. The Administration has continued over the past few years to eliminate this program, but with Congress’s help the program is still receiving the funding as required in The Mine Act.

Source - NSSGA ~~~~~~~~~~~~~~~~~~

December 6 – National Miners Day Hundreds of products that make our lives easier — from electronics to cookware to electricity to toothpaste — began as ore mined from the ground. Each day, nearly 375,000 miners extract minerals from the earth - including coal, gold, copper, silver, granite, limestone, salt and gravel. On December 6, America acknowledged the men and women who’s truly hard work impacts the quality of our lives by commemorating National Miners Day. Designated by Congressional resolution in 2009 to honor the contributions and sacrifices of miners, both past and present, the date honors 362 miners lost in 1907 in Monongah, WV., in the worst industrial mine accident in American history. “Miners and mining are vital to our economy,” said Assistant Secretary of Labor for MSHA Joe Main. “But even more, they are a key part of our nation’s identity, representing fortitude, determination and spirit.”

Source - MSHA

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114th CongressThe Republicans recently announced their members on the Transportation and Infrastructure Committee. And once again, North Carolina will have two members of our delegation on the T&I Committee - Representative Mark Meadows and Rep-elect David Rouzer.

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Legislative Breakfast - February 25, 2015NCAA will be hosting a Legislative Breakfast at the General Assembly Cafeteria on Wednesday, February 25 from 7:00am to 8:00am. We will be inviting all Legislators to the breakfast, so this will be a good opportunity to discuss issues with your representative and senator. We plan to have leadership from NCDOT and NCDENR speaking at the event.

After the breakfast you may want to meet with other members of the General Assembly, so please contact their office to schedule a meeting. Since the legislators will have many people wanting to speak with them, it is important to schedule a time to meet. If you have any questions about setting up a meeting, please contact the association office.

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Upcoming SeminarsPlease mark your calendars - NCAA will be offering several seminars during the month of February.

Part 50 Overview – Investigating and ReportingFebruary 10 – DoubleTree Brownstone, Raleigh, NCFebruary 12 – Crowne Plaza, Hickory, NCThe workshop conducted by Alice Blanton with MSHA’s EFS/Small Mines Services will highlight the purpose, scope, reporting, investigating, overview of the regulations, and MSHA’s auditing authority. Matt Korn with Phillips & Fisher will review recent judicial rulings concerning Part 50. See pages 3-5 for more information and registration form.

MSHA Legal SeminarFebruary 24 – Paragon Bank, Raleigh, NCFebruary 27 – Foothills Higher Education Center, Morganton, NC The seminar will be conducted by Bob Beatty and Jason Nutzman with Dinsmore. They will cover the regulatory enforcement structure; pre-enforcement awareness training; gravity, negligence, and unwarrantable failure, MSHA’s proposed changes to the civil penalties, and traveling with the inspectors. This seminar is designed for management, front-line supervisors, superintendents, foremen, and anyone who walks with the inspector during the inspections. See page 6-7 for registration form.

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NCAA would like to express our condolences to the family of Roland Massey, Safety and Health Committee Chair. After a four year battle with pancreatic cancer, Roland lost his battle on November 23.

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Page 3 December 2014

PART 50 OVeRViewinvestigate/Report

Presentatons

by

Alice BlantonEducational Field & Small Mine Services Training Specialist

DOL-MSHA-ePD&

Attorney Matthew KornFisher & Phillips, LLP

February 10, 2015DoubleTree by Hilton Raleigh Brownstone

Raleigh, North Carolina

February 12, 2015Crowne Plaza Hickory

Hickory, North Carolina

February 10, 2015 DoubleTree by Hilton Raleigh Brownstone

1707 Hillsborough StreetRaleigh, NC

February 12, 2015Crowne Plaza Hickory1385 Lenoir-Rhyne Blvd, SE

Hickory, NC

Pre-Registration is requiredReGiSTRATiON DeADLiNe

Monday, January 19, 2015SPACE IS LIMITED - Register Early

Registration fee: $75

Dates & Locations:February 10, 2015 - DoubleTree by Hilton Raleigh BrownstoneFebruary 12, 2015 - Crowne Plaza, Hickory Registration: 8:30 am - 9:00 amSeminar: 9:00 am - 5:00 pm

Cancellations: NO ReFUNDS AFTeR January 19 Substitutions will be accepted.

The registration fee includes: Continental breakfast, lunch, coffee service, breaks and handouts.

I would like to attend:

February 10, 2015 DoubleTree by Hilton Raleigh Brownstone1707 Hillsborough StreetRaleigh, NC 27605

Room Rate for the night of February 9 - $109 + applicable taxes Call (919) 828-0811 or (800) 331-7919 -

February 12, 2015 Crowne Plaza Hickory1385 Lenoir-Rhyne Blvd., SEHickory, NC

Room Rate for the night of February 11 - $92 + applicable taxes Call (828) 323-1000 -

ReFeReNCe: NC Aggregates MSHA Part 50 Training

q MailPlease include credit card information with signature OR check made payable to NCAA and mail completed form to:

NC Aggregates Association 3700 National Drive, Suite 210 Raleigh, NC 27612

q FaxFax completed form. Please include credit card information and signature.

Fax No: (919) 782-7060

q E-MailE-mail completed form. Please include credit card information and signature.

E-mail: diane@ncaggregates.org

PAYMENT: Please printPayment by: Check payable to NCAA ( ) MasterCard ( ) VISA ( ) Amount $ Credit Card # - - - Expiration Date: Security Code (three-digit code on back of the card) Name as it appears on card: Signature: Billing Address for card: City: State Zip Code E-mail address for credit card receipt

If you have any questions or need registration information call Diane at the North Carolina Aggregates Association - (919) 782-7055

Name: Title: Company: Mailing Address: City: State: Zip: Phone: Cell Phone: E-mail: Fax: Special needs i.e. vegetarian, food allergies, handicap access, etc.:

PART 50 OVeRViewinvestigate/Report

Registration FormRegistration Deadline

January 19, 2015

February 10, 2015DoubleTree by Hilton Raleigh Brownstone

1707 Hillsborough StreetRaleigh, North Carolina

(919) 828-0811

PARKiNG: Complimentary

DiReCTiONS: From west of Raleigh: Take I-40 E/I-85 N Take the slight right onto I-40 E Take exit 289 to merge onto Wade Ave/Wade Avenue toward I-440/US-1 NContinue to follow Wade AveTurn right onto Dixie Trail Turn left onto Hillsborough St At the traffic circle, continue straight to stay on Hillsborough StDestination will be on the right

From east of Raleigh: Take I-40 W Take exit 298B for S Saunders St N toward Raleigh/Downtown Turn right onto S Saunders St Slight right onto McDowell St Turn left onto Hillsborough St At the traffic circle, continue straight to stay on Hillsborough StDestination will be on the left

Accommodations for the night of February 9, 2015 Standard Rooms - $109.00 + applicable taxes

Check-in time is 3:00 pm and Check-out time is 11:00 amRoom Cancellation must be done 72 hours in advance.

Part 50 OverviewGeneral information

NC Aggregates Association3700 National Drive, Suite 210, Raleigh, NC 27612

Phone: 919.782.7055 Fax: 919.782.7060E-mail: ncaa@ncaggregates.org

Presenter: Alice i. BlantonMs. Blanton has 26 years of service with MSHA having served the mining industry through positions ranging from office assistant, laboratory technician, coal underground inspector, accident investigator, family liaison, training specialist, and current position of training specialist supervisory with Educational Field and Small Mine Services located in Barbourville, KY.

Alice’s presentation will highlight 30 CFR, Part 50. Topics will include the purpose and scope, reporting and investigating….(WHY?), overview of the regulations, MSHA auditing authority, and recent case law summaries.

Presenter: Attorney Matthew Korn Matthew Korn is an associate in the Columbia office. He represents employers in all areas of labor and employment law. Matthew’s background includes significant experience in health and safety litigation with the federal government. Prior to joining the firm, Matthew worked for the U.S. Department of Labor, where he litigated mine safety and health cases before the Federal Mine Safety and Health Review Commission.

Matthew will be presenting on the legal aspects of Part 50, including: Commission case law regarding injury reporting; Current status of the law regarding Part 50 audits; and Reporting requirements for temporary employees and contractors.

February 12, 2015Crowne Plaza Hickory

1385 Lenoir-Rhyne Blvd, SEHickory, NC 28602

(828) 323-1000

PARKiNG: Complimentary

DiReCTiONS: Crowne Plaza Hickory is just off I-40

From i-40 w: Exit 125, turn left then left again at the 2nd traffic light.

From i-40 e: Exit 125, then bare right at light hotel on left.

The meeting will be in the hotel. We are currently scheduled in the Crowne/Embassy section of the Ballroom.

Accommodations for the night of February 11, 2015 Standard Rooms - $92.00 + applicable taxes

Check-in time is 3:00 pm and Check-out time is 12 noon

Guest rooms include complimentary high-speed wireless internet access, a desk, an easy chair, and CD player.

ReFeReNCe: When making your reservation, please reference NC Aggregates MSHA Part 50 Training

Room rates apply to reservations made by January 19

ACCOMMODATIONS

Page 5 December 2014

MSHA Legal SeminarFebruary 24 & 27, 2015

Registration FormRegistration Deadline

February 10, 2015

February 24, 2015 Paragon Commercial Bank

3535 Glenwood Ave. Raleigh, NC

February 27, 2015 Foothills Higher education Center

2128 South Sterling StreetMorganton, North Carolina

Pre-Registration is requiredSPACE IS LIMITED - Register Early

Registration fee NCAA Member: $25 Non-Member: $35

Dates & Locations:Feb 24, 2015 - Raleigh - Paragon Commercial BankFeb 27, 2015 - Morganton - Foothills Higher Education Center

Cancellations: NO ReFUNDS AFTeR February 10 Substitutions will be accepted.

Your registration is not guaranteed until NCAA receives this completed form with payment. You will receive an e-mail confirmation when your registration is complete.

If you have any questions, please call the NCAA Office at: (919) 782-7055.

I would like to attend:

February 24, 2015 Paragon Commercial Bank3535 Glenwood Ave. Raleigh, North CarolinaRegistration: 12:30 p.m. - 1:00 p.m.Seminar: 1:00 p.m. - 4:30 p.m.

February 27, 2015 Foothills Higher education Center 2128 South Sterling StreetMorganton, North CarolinaRegistration: 8:00 a.m. - 8:30 a.m.Seminar: 8:30 a.m. - Noon

Beverages and snacks will be provided

q MailPlease include credit card information with signature OR check made payable to NCAA and mail completed form to:

NC Aggregates Association 3700 National Drive, Suite 210 Raleigh, NC 27612

q FaxFax completed form. Please include credit card information and signature.

Fax No: (919) 782-7060

q E-MailE-mail completed form. Please include credit card information and signature.

E-mail: diane@ncaggregates.org

PAYMENT: Please printPayment by: Check payable to NCAA ( ) MasterCard ( ) VISA ( ) Amount $ Credit Card # - - - Expiration Date: Security Code (three-digit code on back of the card) Name as it appears on card: Signature: Billing Address for card: City: State Zip Code E-mail address for credit card receipt

If you have any questions or need registration information call Diane at the North Carolina Aggregates Association - (919) 782-7055

Name: Title: Company: Mailing Address: City: State: Zip: Phone: Cell Phone: E-mail: Fax: Special needs i.e. vegetarian, food allergies, handicap access, etc.:

Page 6 December 2014

Robert Huston Beatty, Jr.Bob Beatty is a Partner in the Natural Resources Practice Group. Bob represents mine operators in the coal and metal/non-metal sectors of the mining industry in mine safety and health regulatory matters before federal and state administrative agencies, federal courts, and state courts. He also provides pre-enforcement consulting services, including comprehensive training for mine managers and safety professionals.

Prior to joining Dinsmore, Bob spent time as an underground coal miner, and served as a Presidential appointee, twice confirmed by the U.S. Senate, as a member of the Federal Mine Safety and Health Review Commission. He also served as the Administrator of Legal Services for the West Virginia Office of Miners’ Health Safety and Training.

MSHA Legal SeminarFebruary 24 & 27, 2015

NC Aggregates Association3700 National Drive, Suite 210, Raleigh, NC 27612

Phone: 919.782.7055 Fax: 919.782.7060E-mail: ncaa@ncaggregates.org

Who Should Attend:The legal seminar is designed for upper management employees, front-line supervisors, superintendents and foreman who travel with MSHA inspectors, participate in the plan approval process, and who deal with any MSHA related issue on a day-to-day basis. The goal of the seminar is to provide attendees the necessary information and education to be prepared to handle many MSHA related mattersCourse Summary:Background of the Regulatory Enforcement Scheme Pre-Enforcement Awareness TrainingGravity, Negligence and Unwarrantable Failure Traveling with Inspectors MSHA’s Proposed Changes to Civil Penalties

PReSeNTeRS

From Areas west of Raleigh Take I-40 E toward Raleigh.Merge onto Wade Ave via EXIT 289 toward I-440/US-1 N.Merge onto I-440 E/US-1 N toward Wake Forest/Rocky Mount/Wilson.Merge onto Glenwood Ave/US-70 E/NC-50 S via EXIT 7Paragon Commercial Bank will be on the right.

Jason M. NutzmanJason Nutzman is a Partner in the Labor & Employment Department and Mine Safety & Health Practice Group. Jason represents clients before the Federal Mine Safety and Health Review Commission in accident investigations, special investigations, and discrimination investigations conducted by the Department of Labor with respect to the Mine Safety and Health Act.

In his practice, he works with human resource managers and in-house counsel providing employment advice and litigation support to employers. Jason also provides employment counseling to employers from the beginning of the employment relationship through termination and employment advice covering all types of discrimination and wrongful discharge, FMLA, ADA, ADEA and FLSA issues, and non-compete agreements. Jason is also experienced in representing clients regarding labor issues, including dealing with unions during a labor campaign and assisting management with a unionized workforce.

From Areas east of Raleigh Take I-40 W Merge onto I-440 E via EXIT 301.Merge onto US-70 E/NC-50 S/Glenwood Ave via EXIT 7A.Paragon Commercial Bank will be on the right

DiReCTiONSParagon Commercial Bank - February 24, 2015

3535 Glenwood AveRaleigh, North Carolina

Foothills Higher education Center - February 27, 2015 2128 South Sterling StreetMorganton, North Carolina

From Areas west of RaleighTake I-40 ETake the NC-18 exit, EXIT 105, toward MORGANTON DOWNTOWN/Shelby.Turn right onto S Sterling St/NC-18.2128 S STERLING ST is on the left.

From Areas east of Raleigh Take I-40 W Keep left to take I-40 W toward Winston-Salem/StatesvilleTake the NC-18 exit, EXIT 105, toward MORGANTON DOWN-TOWN/ShelbyTurn right onto NC-18/S Sterling St2128 S STERLING ST is on the left.

Page 7 December 2014

Page 8 December 2014

TeNTATiVe SCHeDULeTuesday, June 232:00 – 4:30 PM Executive Comm Meeting 4:30 – 5:30 PM Convention Comm Meetingwednesday, June 241:00 – 6:00 PM Registration 3:00 – 4:00 PM Board of Directors Meeting4:15 – 4:45 PM Associate Members Meeting6:00 - 9:00 PM Welcome Reception Includes: Heavy hors d’oeuvres & Falconry Demonstration9:00 PM – Midnight Hospitality Suite Thursday, June 257:30 AM – 12:00 PM Registration 7:30 – 8:45 AM Breakfast Buffet9:00 – 11:30 AM General Session Speakers: Attorney General Roy Cooper Michael Johnson, President & CEO, NSSGA Mark Vitner, Economist, Wells Fargo11:30 AM – 12:30 PM Lunch Buffet12:30 PM Golf Tournament - The Meadows - Shot Gun Start12:30 – 5:30 PM Free Time 5:00 – 6:15 PM Hospitality Suite6:30 - 7:45 PM President’s Reception 7:45 – 11:00 PM Surf & Turf Dinner Dance Coat & Tie required

The Embers featuring Craig Woolard11:00 PM – Midnight Hospitality SuiteFriday, June 268:00 - 10: 30 AM Celebration Breakfast Mentalist/Magician Dick Steiner

Door prizes galore~~~~~~~~~~~~~~~~

50th Annual Convention

June 24-26, 2015

We hope that you will plan to attend the 2015 Annual Convention Celebrating 50 Years at The Greenbrier June 24-26, 2015.

You can make your hotel reservation now by calling (855) 666-6202 or you can book your room by clicking HERE. (54% of the rooms have already been booked) Reference: NC Aggregates Association.

Please note: All reservations must be accompanied by a deposit of one night’s room charge and cancellations must be in writing at least three (3) days in advance of scheduled arrival. (40% of our room block has already been booked)

ROOM TYPeS

Standard or Run of House - $249(no guarantee of what type of room you will get)

intermediate - $299

Superior - $349

Junior Suites - $399

Spring Row Cottages - $439

Multi Bedroom Cottages (2, 3 & 4 Bedroom Cottages)Muti-Bedroom Cottages are available. Each has a porch, fireplace, and parlor. Each bedroom has it own bathroom. Rates for the cottages are $249++ per bedroom in the cottage. Great for families and groups that want to be together.

Page 9 December 2014

2014 CalendarDecember 24-26 Christmas Holiday - Office Closed

2015 CalendarJanuary 1 New Year’s Day - Office Closed

January 14 General Assembly begins Long Session

January 28 environmental Committee Meeting Greensboro

January 29 Safety & Health Committee Greensboro

February 10 Part 50 Training Raleigh

February 12 Part 50 Training Hickory

February 24 MSHA Legal Seminar Raleigh

February 25 Legislative Breakfast Raleigh

February 27 MSHA Legal Seminar Morganton

March 15-19 NSSGA Convention & AGG 1 Baltimore, MD

March 25 Safety & Health Committee Meeting

March 26-27 Mine Safety & Health Conference Asheville The Crowne Plaza

April 15 environmental Committee Meeting

June 24-26 NCAA 50th Annual Convention white Sulphur Springs, wV The Greenbrier

NSSGA Convention and AGG 1Baltimore, MD

March 15 – 19, 2015The AGG1 Academy is the one place to go to learn about virtually every aspect of the aggregates industry. The practical knowledge you’ll gain and proven techniques you’ll learn about will enable you to manage your operation more effectively, efficiently and profitably.

The AGG1 Academy offers classes in five topic tracks so you can create a custom education experience that’s tailored to your unique needs. Click each track icon below to discover education sessions in your areas of interest, or browse the full AGG1 Academy program.

All members registering to attend should enter the source code NSSGA08 and register today at www.agg1.org.

Page 10 December 2014

NCAA Associate Members

jacksonlewis

Page 11 December 2014

NCAA Associate Members