20230324_Resubmittal_Letter

RAFTING AND DESIGN O
SERVICES,INC.
6728 Carbonton Road
Sanford, NC 27330
[phone]
March 21, 2023
Mr. Adam Parr
NC Department of Environmental Quality
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Reference: Butler Mine-Mine Permit Plans Resubmittal
Dear Mr. Parr;
Please find attached the resubmittal for the above referenced project addressing comments
received on the February 23, 2023. Responses will be noted in Green. Please review the following
responses to comments:
1.N.C.G.S. §74-49 defines"affected land"as the surface are of land that is mined,the surface area of
land associated with a mining activity so that soil is exposed to accelerated erosion,the surface area of
land on which overburden and waste is deposited,and the surface area of land used for processing or
treatment plant, stockpiles,nonpublic roads, and settling ponds. Please clearly indicate and label on
the mine map that the haul road to the nearest public road is included in the Mine permit boundary.
The mine permit boundary has been adjusted to include the access easement that goes to the
subject property. Attached with this submittal is the land entry agreement from the property
owner where the easement exists. The tables and callouts in the plan set as well as the mine
permit application has been updated to reflect the area of the easement within the permit
boundary.
2. Please provide a color copy of the complete wetlands delineation from Davey Resource Group dated
August 29,2022.
The full color copy for the Delineation done on August 29, 2022 has been attached with this
submittal.
3. The Future Pit expansion appears to occur in wetlands. Please provide proof of 401/404 permits or
provide correspondence from Division of Water Resources(DWR) and US Army Corp of Engineers
(USACE)that these permits are not required. If the intent is not to mine this area until future permits
are secured,you must remove this area from the mine map and affected area tables. Proposed future
expansion after appropriate permitting will need to be handled through a mine permit modification.
The future pit has been removed from the plans and will be permitted along with a mine
modification in the future, once the proposed pit area has been excavated.

4. Please clarify your statement in the O&M plan on sheet C 17,where you state existing mining footprint
has been mined since 2014. This is an application for a new permit,where not mining has occurred in
the past.Aerial Imagery from September 2021 show the site was undisturbed. Statements about past
mining activities not having an impact on wetlands are not accurate, since no mining has occurred.
This was a typo. The text block for the O&M plan on C17 has been updated.
5. Please clarify if Pit Sump#1 or#2,referenced in the O&M plan, are the same as Sediment Basin#1 &
#2. If these are different Erosion and Sediment Control(E&SC)measures,please clearly identify and
label on the mine map Pit Sump#1 and#1
Pit sumps 1 & 2 refer to the excavation phases and their respective sediment basins. As the
excavation area is dug out, the sediment pond will be expanded to eventually encompass its
entire Excavation Phase area. This will allow the water from future phases to be pumped to the
previously mined pit area, as well as begin the reclamation process as the pit is mined in its
respective phases.
6. Please clarify your responses in the application to your proposed dewatering plan.Your response to
questions C.1, C.3.C, state there will be no dewatering. Your responses to questions C.3.B,C.3.C,and
C.3.1) state there will be dewatering.
Upon review, the answers have been changed to reflect that there will be dewatering during
excavation, but there will be no discharge. After initial construction. The only discharging of
water within the pit area will be during the initial construction of the pit, where the berms are
being constructed. When the perimeter pit berms are constructed, there will be no discharge.
7. Please clarify your responses in your NOI for your NPDES permit with regard to dewatering. Question
24 states there will be no dewatering. Question 25 states there will be no dewatering within 400' of
wetlands. Question 32 states no dewatering.
This was a mischaracterization of the words dewatering and discharge. There will be dewatering
as the water accrued in the pit will be pumped to previously mined pits area to hold the water,
but no discharge once the initial berms are constructed. The answers in the NPDES permit
application have been changed to reflect this.

8. Please clarify your response in your NOI for your NPDES permit with regard to wastewater. Question
33, states there will be no washing of materials. Question 34 states there will be no discharge of process
wastewater.Your responses to C.3.A and C.3.B of the mine permit application state there will be
washing and discharging of process water.
The answers to above referenced questions have been updated to reflect what will be
happening with the wastewater. All wastewater from washing of materials will be contained
within the perimeter berm system, therefore no water will be discharged into State waters once
perimeter berm construction is complete.
The proposed operator of this mine has been using this pumping sequence and recirculation
plan on a different operation (Northwest Mine-Permit No. 10-82) without any impacts to the
seasonal hydrology and vegetation viability of the wetlands surrounding the mine.
In order to clarify the affected acreages in the Mine Permit Application and the Plan set,
Sediment Ponds & Stockpiles occur within the Mine Excavation, therefore they are included
within the Mine Excavation Affected Acreage for the bond amount. In the table for #2 on page
4, Tailings/Sediment Ponds &Stockpiles are accurate, but again, they are not used in the sum for
Total Affected Acreage since they occur within the Mine Excavation area.
Sincerely,
Drafting and Design Services, Inc.
Michael Thomas Blakley