Mining Permit # 53-20 - Mellott Trucking & Supply Company, Inc.

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Govei nm
MICHAEL S. REGAN
Secretary
WILLIAM E. TOBY VINSON, JR.
Interim Director
February 12, 2018 n
CERTIFIED MAIL "-E
.3 2018
RETURN RECEIPT REQUESTED
7017 0190 0000 9562 5301 E O RCE
4 UFF P RMI1T
NOTICE OF VIOLATION OF THE MINING ACT OF 1971
Mr. C. A. Mellott
Mellott Trucking and Supply Company, Inc.
PO Box 336
Carrborro, North Carolina 27510
RE: Expired Mining Permit No. 53-20
Lee -hell Pit
Lee County
Cape Fear River Basin
Dear Mr. Mellott:
This is to advise that you and your firm are in violation of Reclamation Condition No. 4 of
Mining Permit No. 53-20 for failure to complete final reclamation at the Lee -hell Pit in Lee County
within 2 years of completion or termination of mining. Under North Carolina General Statute
(G.S.) 74-49 (17), minin4 terminated at this site by operation of law on November 8, 2014, when
Permit No. 53-20 expired. In accordance with the permit, final reclamation should have thus been
completed by November 8, 2016. A site visit by personnel of the Department on January 24,
2018, revealed no reclamation efforts and that the site remained virtually unchanged since mining
operations began. Expiration of the permit only precludes further mining operations; reclamation
requirements continue to remain in effect. Section 74-56 of the Mining Act of 1971 mandates
initiation of bond forfeiture proceedings for failure to reclaim in accordance with the reclamation
plan. Also, civil penalties of up to $500.00 per day for each day of the violation may be assessed
under G.S. 74-64.
Additionally, you are also in violation of G.S. 74-50 for operating a mine without a permit.
As noted above, Mining Permit No. 53-20 expired on November 8, 2014, and has not been
renewed. Under G.S. 74-64, the penalty for operating a mine without a permit is a civil penalty of
up to $5,000.00 per day for each day of the violation.
State of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources
Raleigh Regional Office 1 1628 Mail Service Center I Raleigh, NC 27609
919 791 4200

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Page 2
Because you are in violation of the Mining Act of 1971, you are directed to immediately halt
all mining operations at the above-mentioned site until you have applied for and obtained a valid
mining permit from this Department. Please contact this office immediately at Land Quality
Section, 1612 Mail Service Center, Raleigh, NC 27699-1612, [phone] to indicate your
intention to comply with the Act. Only the issuance of a mining permit, and not the mere submittal
of an application, will enable you to lawfully resume mining operations. You are required to submit
an application for a new mining permit and it must be approved before you may continue mining.
You may elect to close and completely reclaim the mine and not apply for a new permit.
To correct the current violations and bring the site into compliance, you must take the
following corrective actions within the time specified:
(A) If you desire to continue mining operations at the site, you must:
(1) Complete and file an original and 5 (five) copies of an application form for a
new mining permit for this site along with the required corresponding mine
maps. The appropriate mining permit application processing fee is also
required. The application for a mining permit, The Mining Act of 1971, the
Administrative Rules, and other forms may be downloaded by visiting:
http://portal.ncdenr.org/web/Ir/mining, the web page for the Division of Land
Resources' Mining Program. No raining operations may be conducted
until a mining permit is issued for this site.
This corrective action must be completed WITHIN 30 DAYS OF RECEIPT
OF THIS NOTICE OF VIOLATION.
(B) If you desire to permanently close the mine, you must:
(1) Contact Ms. Judy Wehner, Assistant State Mining Specialist, in writing at the
letterhead address to confirm that you intend to complete final reclamation of
the mine site and provide a reasonable timeframe for both initiation and
completion of the reclamation of all affected areas at the mine site according
to the Reclamation Conditions of expired Mining Permit No. 53-20.
This corrective action must be completed WITHIN 30 DAYS OF RECEIPT
OF THIS NOTICE OF VIOLATION.
A penalty may be assessed for violations committed prior to your receipt of this Notice. A
penalty may also be assessed for violations committed after receipt of this Notice. The amount of
the penalty shall be up to $5,000.00 a day for mining without a permit and $500.00 a day for
failure to reclaim the site in a timely manner and as per the reclamation conditions of the permit.

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Should you fail to comply with the terms of this Notice within the prescribed time frames, additional
enforcement action may be taken. Such action may result in the issuance of an injunction,
initiation of bond forfeiture proceedings or the imposition of a criminal penalty.
The responsibility for understanding and complying with the requirements of the Act rests
upon the individuals and firms who are subject to its requirements. The responsibility also rests
with you for notifying this office of your plans to correct the violations.
The subject site will not be considered in compliance with the Act until you have obtained a
valid mining permit and/or satisfactorily completed the required reclamation work.
Please do not hesitate to contact either Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone] or me at [phone] regarding any questions you might have on
this matter.
Sincerely,
William H. Denton, IV, PE
Regional Engineer
DEMLR
W HD/kms
Enclosures: Mining Inspection Report dated January 24, 2018
cc: Ms. Judy Wehner, Assistant State Mining Specialist
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North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE
N UNPERMITTED MINE SITE
1. MINE NAME: Lee-Mell Pit 2. MINE LOCATION: Black's Chapel Road
3. COUNTY: Lee 4. RIVER BASIN: Cape Fear 5. CASE:
6. OPERATOR: C. A. Mellott
7. ADDRESS: PO Box 336 Carrboro, NC 27510
8. MINING PERMIT #: 53-20 ❑ N/A 9. PERMIT EXPIRATION DATE: November 8, 2014 ❑ N/A
10. PERSON(S) CONTACTED AT SITE: No one
11. PICTURES? N Yes ❑ No TAKEN BY: Kimberly Summers
12. TYPE OF INSPECTION:
❑ A. Initial Inspection (Unpermitted Mine Sites)
1. Size of affected land: ac. (attach sketch map)
2. Dow was this area measured? Measured by:
® B. Routine Inspection (Permitted Mine Sites)
❑ C. follow-up Inspection
13. Date of last inspection: 07/08/96
14. Any mining since that date? N Yes ❑ No If yes, cite evidence of such mining activity:
From adjacent property, inspectors observed rmning equipment and bare slopes (see picture.)
15. Was mine operating at time of inspection? ® Yes ❑ No If yes, explain: see above
16.' Is the mine in compliance with the Operating Conditions of the Permit? Ll Yes
❑ No N N/A If no, explain: Operating permit expired on November 8 2014
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes N No ❑ N/A
If no, explain: Per Reclamation Condition #4 final reclamation including revegetation, has not been completed
within two years of completion or termination of mining
18. Is there any off-site damage? A. ❑ Yes B. ❑ No C. N None observed
If A, describe the type and severity of the damage:
If B or C, is there potential for offsite damage? U Yes U No Explain: This was not a full on-site
inspection Potential offsite damage should be evaluated during follow-up inspection.
19. Corrective measures needed and/or taken: Submit application for a mimng permit or reclaim site
20. Other recommendations and comments: Mining activities at the Lee-Mell Pit were observed during
inspection of adjacent separately permitted mine At the time inspectors in the field were unsure if Lee -Melt was a
permitted mine Conf=ed previous pe=t number and perrmt expiration after return to the office.
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed N N/A
22. Follow-up inspection needed? N Yes U No Proposed date March 30, 20
23. No. of additional pages of Inspection Report (picture)
24. Copy of Report sent to operator with NOV
INSPECTED BY: Kimberly Summers and Sally Castle DATE: January 24, 2018
Telephone No: (919)-791-4200
Copy to file Copy to operator Copy to Mining Specialist