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HomeMy WebLinkAbout01_20190807 ADI Response 6-19-2019 - letter CAROLINA GEOLOGICAL SERVICES, INC. RECEIVED August 5, 2019 AUG19 Ms. Judy Wehner NCDEQ, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 Subject: Modification Permit#47-16, A&H Mine, 401 Sand Company LLC Dear Ms. Wehner; On behalf of 401 Sand Company LLC I am responding to your letter of June 19, in which you requested additional information for your review of the above-referenced mining permit modification request. I will respond to your questions or requests in the same order for clarity; 1. The name on the permit application and title block of the site plan has been changed to "401 Sand Company LLC". The revised version of page one has been signed and is attached. 2. Adjoining property owners Wayman Faircloth and Nature Conservancy have been notified of this action, and the Certified Mail Receipts are attached. As I explained in an earlier communication, Cynthia McRae was notified by Certified Mail but refused to accept delivery. An additional copy of the Certified Mail Receipt for that notification is also attached. Copies of"green cards"will be provided when they are received. 3. Any reference to pumping or dewatering was in error. There is no pumping or dewatering at this mine. Pages 6&7 of the permit application have been revised and are attached. 4. All measures have been shown on the mine map to scale. The map has been revised to show the perimeter berm as in the existing and previously approved mining area. A detail sketch of the stream crossing is in the upper right corner of the mine map. 5. Corrective actions have been taken in accordance with the most recent Mine Inspection Reports. Specifically, maintenance of the silt fencing and seeding of the stream crossing, cleaning out"Basin F", and dressing up slopes of the LCID. Photographs of these areas are attached. 6. As we have discussed on several occasions, this modification request adds the LCID as a reclamation process of the mining area as shown on the mine map. The area has never been previously reclaimed and is in and adjacent to active areas. This is very similar to actions taken at other 401 Sand Company operations, and other permitted mines. The current LCID Landfill is registered with the Division of Waste Management, permit number N0396. All runoff from this LCID remains within the mining area, and is currently controlled by Basin A. No additional sediment I erosion control is necessary or possible, as it is currently functioning as designed and approved. PO BOX 429 GARNER, NC 27529 Ms. Wehner Page 2 7. According to the most recent inspection reports, the existing basins were properly designed and functioning adequately. The inspection report noted that Basin F needed routine maintenance by removing sediment. This basin has been cleaned out and is now functioning properly and as designed. No basins at this operation have been noted to be deficient in design or function in any inspection report 8. The only materials to be brought onsite are the materials brought into the permitted LCID. As per Division of Waste Management requirements, the only materials brought into the LCID are inert natural materials such as stumps, limbs, yard waste, unpainted wood, etc. The "waste piles" designated on the mine map are strictly onsite materials such as overburden or excess fine-grained soils. 9. The basins are strategically located in the lowest topographic areas, so that all runoff naturally flows by gravity into the basins via sheet flow. Runoff is contained within the mining area by perimeter berms. We trust this information will allow you to continue your review of this modification request. If you have any questions, or need further information, please contact me. Sincerely, James C. Izzell, Jr. enclosures ROYCOOPER NORTH CAROLINA Governor Environmental Quality MICHAELS.REGAN Secretary S.DANIEL SMITH June 19, 2019 Interim Director Certified Mail Return Receipt Requested 7016 2140 0000 0564 4941 Mr. John A. Lindsay 401 Sand Company LLC PO Box 122 Raeford, North Carolina 28376 RE: A & H Mine Permit No. 47-16 Hoke County Cape Fear River Basin Dear Mr. Lindsay: We have reviewed the modification your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Please confirm the Name of Applicant. Currently the permit is issued to 401 Sand Company LLC. 2. Provide proof such as copies of the signed return receipts that the following landowners have been properly notified: Nature Conservancy, Wayman Fairclark, and Cynthia McRae. 3. Provide more detail regarding dewatering activities, including pump make/model, hours of operation and pump capacity. Show the pump location and outlets on the mine map. 4. Show all measures to scale on the mine map. Include the berm and silt fence location. Show the basin baffles, dewatering devices and outlets on the mine plan. Show the sediment and erosion control measures for the stream crossing. 5. A field inspection has revealed sediment and erosion control is not adequate and measures need to be maintained and upgraded. Provide proof that your company has brought the measures*into compliance. o.9+roeeal at(mvamntxl Cw4y North Carolina Department of Environmental Quality I Division of Energy.Mineral and land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27699.1812 919.707.9200 Certified Mail Mr. Lindsay Page 2 6. Provide erosion and sediment control for the LCID. In addition, provide proof that your company has obtained any permits or provided any notifications the Division of Waste Management for said landfilling activities. Please note that a separate Sediment and erosion Plan Approval and Industrial Stormwater Permit may be required for the LCID since it is located in an already mined area. 7. Update all basins in use to the current standards, i.e., no perforated risers, skimmers and baffles. Provide construction detail and supporting calculation for these updated basins. 8. Specify in writing what materials will be brought on site including those in the waste piles. 9. Show how run off will be conveyed to the basins. Please note, this office may request additional information, not included in this letter, as the mining application review progresses. In addition, be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Division of Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Certified Mail Mr. Lindsay Page 3 Please contact me at (919) 707-9220 if you have any questions. d"AWehner . ith Assistant State Mining Specialist Enclosures: cc: Mr. Tim LaBounty, PE APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine A&H Mine Permit#47-16 County Hoke River Basin Ca e Fear Latitude(decimal degrees to four places) 35.0391 Longitude (decimal degrees to four places) -79.1779 2. Name of Applicant* 401 Sand Company LLC 3. Permanent address for receipt of official mail** PO Box 122, Raeford,NC 28376 Telephone ( ) 910-875-2108 Alternate No. ) 4. Mine Office Address Telephone ( ) 5. Mine Manager John A Lindsay 6. E-mail Address: n/a I certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signa Date )'a/r�, -9019 Print Name Title OWAV'e r * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(securi jbq that corresponds to this site. ** The Division of Energy,Mineral,and Land Resources must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1 - APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes No X. If yes, do you intend to dewater the excavation(s)? Yes No ❑. If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s)that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. This site is covered under NPDES General Permit for mining,NCG020775 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No X. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles,haul roads, etc.,be controlled? Periodic spray with water as necessary APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. This is an active sand mine with mining already established. Mining will continue as per current permit requirements. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans for sediment and erosion control far mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. All stormwater runoff is directed into stormwater basins before any discharge. Most water is absorbed into the soil. A perimeter berm prevents any offsite sedimentation. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X. If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes No X. 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