Keller Mining_NOV_20181026

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR RECEIVED
InteAm.Director
October 26, 2018 OCT 3 0 20Ij
DENR-LAND QUALITY
CERTIFIED MAIL STORMWATER PERMITTING
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT
Keller Mining, Incorporated
Attention: Joseph Keller, CEO
5830 Wright Road
Kannapolis, North Carolina 28081
Joseph Keller, Landowner
5830 Wright Road
Kannapolis, North Carolina 28081
Dear Mr. Keller:
7016 1370 0000 2595 9034
7016 1370 0000 2595 9041
This is to inform you that you and/or your firm are/is violating the Mining Act of 1971 by
operating a mine without a permit as required by North Carolina General Statutes (hereinafter
NCGS) 74-46, et seq., as amended.
On October 10, 2018 personnel of this office inspected a mining operation being undertaken
on 5830 and 5910 Wright Road, Kannapolis, Rowan County. Personnel of this office have also
determined that you and/or your firm are the operator of this mine. The area affected at the site by
mining -related activities was measured to be approximately 6 acres in size.
Pursuant to G.S. 74-50 of the Mining Act of 1971, no operator shall engage in mining
without first obtaining a mining permit and also posting a bond to ensure that the site is reclaimed.
Mining is defined by NCGS 74-49 as:
The breaking of the surface in order to facilitate or accomplish the extraction or
removal of minerals, ores, or other solid matter;
Any activity or process constituting all or part of a process for the extraction or
removal of minerals, ores, soils, and other solid matter from its original location;
and/or
OpfNiL M F.Moms,L11 aJflr�
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carotin 27699-1612
919.707.9200

Notice of Violation
Joseph Keller
October 26, 2018
Page 2 of 3
The preparation, washing, cleaning, or other treatment of minerals, ores, or other
solid matter so as to make them suitable for commercial, industrial, or construction
use.
"Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock metallic
ore, and any other solid material or substance of commercial value found in natural
deposits on or in the earth (NCGS 74-49(6)).
Because you are in violation of The Mining Act of 1971 you are directed to immediately halt the
above -mentioned mining operation until you have obtained a valid mining permit from this Department.
Please contact this office immediately at (Mooresville Regional Office 610 East Center Avenue, Suite
301, Mooresville, NC 28115, 704-663-1699) to indicate your intention to comply with the Act. In
addition, you must take the following corrective actions to bring this site into compliance:
1. Within thirty (30) days of your receipt of this Notice, 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 and reclamation plan. The appropriate mining permit
application processing fee is also required. The application fora mining permit, The
Mining Act of 1971, the Administrative Rules, and other forms may be downloaded by
visiting the web page for the Division of Energy, Mineral and Land Resources' Mining
Program:https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-permits/mining-pr gram No mining
operations may be conducted until a mining permit is issued for this site.
2. In the event that your application for a permit is approved, you must post a reclamation
bond or other form of security acceptable to the Department to ensure that the affected
area will be reclaimed when your mining operation has terminated. The bond does not
have to be submitted concurrent with the application for a permit.
3. Pending the decision to approve or deny your application for a permit, you must take the
following corrective actions to restore or repair any damage that has resulted from your
unlawful mining activity:
a. Install silt fence to enclose disturbed areas on site and prevent sediment from,
eroding into the creek.
b. Stabilize all disturbed areas and stockpiles with seed and straw.
Or
4. a. As an alternative to filing a mining permit application, you must immediately
initiate reclamation of all affected acreage at this site. Such activities include
temporary erosion and sedimentation control measures, temporary groundcover,

Notice of Violation
Joseph Keller
October 26, 2018
Page 3 of 3
and any other temporary activities to stabilize the site until a reclamation plan is
submitted to and approved by the Department.
b. In addition, within 30 days of your receipt of this Notice, you must submit a plan
detailing the intended reclamation of all affected acreage at this site, including a
specific schedule for completion of this work.
Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to
$5,000.00 per day for each day of a continuing 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. 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 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 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 Mr. Michael L. Peveler or me regarding any questions
you might have on this matter.
Sincerely,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Enclosure: Inspection Report
cc: David Miller, PE, State Mining Specialist
Annette Lucas, PE, State Stormwater Program Manager i
MLP/THE/cys

North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE ® UN -PERMITTED MINE SITE
1. MINE NAME: Keller Mining, Ig ncorporated 2. MINE LOCATION: 5830 and 5910 Wright Road
3. COUNTY: Rowan 4. RIVER BASIN: Yadkin - Pee Dee 5. CASE:
6. OPERATOR: Joseph Keller
7. ADDRESS: 5830 Wright Road, Kannapolis North Carolina 28081
8. MINING PERMIT #: ® N/A 9. PERMIT EXPIRATION DATE: ® N/A
10. PERSON(S) CONTACTED AT SITE: No one was available
11. PICTURES? ® Yes ❑ No TAKEN BY: Michael Peveler
12. TYPE OF INSPECTION:
® A. Initial Inspection (Unpermitted Mine Sites)
1. Size of affected land: Approximately 6 acres
2. How was this area measured? Goog_le Imaggy —Measured by: Michael Peveler
❑ B. Routine Inspection (Permitted Mine Sites)
❑ C. Follow-up Inspection
13. Date of last inspection: N/A
14. Any mining since that date? ❑ Yes ❑ No If yes, cite evidence of such mining activity:
N/A
15. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain:
Mine was not in operation at the time of Inspection
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No ® NIA
If no, explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® N/A
If no, explain:
18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. ® None observed
If A, describe the type and severity of the damage:
If B or C, is there potential for offsite damage? ® Yes ❑ No Explain: If the site is not protected by
erosion control measures, there is a potential of sediment goingin the creek
19. Corrective measures needed and/or taken: Please submit an application for a mining permit, including
a reclamation plan, within 30 days of your receipt of this inspection letter, or you must immediately initiate
reclamation of this site. No further mining activities shall be performed until a mining permit has been obtained.
20. Other recommendations and comments: Application forms and checklists, and the North Carolina Mining
Act of 1971 can be found on our website:
httas://dea.nc.gov/about/divisions/energy-mineral-land-resources/energy-m ineraI-land-permits/mining-program
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed ® N/A
22. Follow-up inspection needed? ® Yes ❑ No Proposed date 1/31/2019
23. No. of additional pages of Inspection Report 24. Copy of Report sent to operator With NOV.
INSPECTED BY: Michael Peveler & KennyLl ffelyn __ DATE 10/10/2018
Telephone No: 704-663-1699
Copy to file Copy to operator Copy to Mining Specialist