20220923_NOV

a
ROYCOOPER
Governor
ELIZABETH S.BISER M
Secretary •�°i""'
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
September 23, 2022
NOTICE OF VIOLATION OF MINING PERMIT
AND
NOTICE OF INTENT TO ENFORCE
CERTIFIED MAIL —7022 0410 0002 1249 4288
RETURN RECEIPT REQUESTED
Buechel Stone Corporation
Attn: Chris Bucy
7274 US Hwy 221 N.
Marion, NC 28752
RE: Steel Gray Mine
Mining Permit No. 61-19
Mitchell County
French Broad River Basin
Dear Mr. Bucy:
This is to inform you and/or your company of a violation(s)of the above referenced mining permit.
On September 21, 2022, personnel of this office inspected your mine, copy of inspection report
attached, and determined that one or more of the conditions contained in your mining permit are
being violated. The conditions being violated are as follows:
Operating Condition No. 1B —Wastewater and Quarry Dewatering t
Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental Protection i
Agency and enforced by the NC Environmental Management Commission. It shall be the j
permittee's responsibility to contact the Stormwater program to secure any necessary stormwater
permits or other approval documents.
Mine permit application states that the applicant will not be mining below the water table
but would be discharging non processed wastewater to the waters of the State of NC at
outfall 01. Pit water is being discharged into the river from an unapproved outfall at T1-A.
Operating condition No. 4B —Erosion and Sediment Control
I
E QJ� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
Asheville Regional Office 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
IAIi1HLMOLIWI ��
828.296.4500

Certified Mail
Steel Gray Mine, Mr. Bucy
September 23, 2022
Page 2 of 2
All mining activities, including the installation of maintenance of all erosion and sedimentation
control measures, shall be conducted as indicated in the application, on the Mine Maps receive
March 31, 2022, and June 16, 2022, and in the supplemental information received November 9,
2021, February 23, 2022, March 31, 2022, June 6, 2022.
Traps are not installed and being maintained per the approved plan.
To correct the current violations and bring the site into compliance, you have 30 calendar
days from receipt of this Notice.
1. Cease all mining activity.
2. Install all traps as shown on the approve mine map.
3. Maintain trap Tl-A.
4. Submit a corrected mine permit application addressing mine dewatering.
5. Submit a modification to the NCG02 NOI to include dewatering of wastewater, modify
COC for wastewater discharge, and submit updated maps with additional outfall.
Failure to take the corrective actions specified above may result in the assessment of a civil
penalty against your corporation. If a civil penalty is assessed, the amount may be up to five
hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of
this Notice of Violation G.S. §74-64. Other enforcement actions may include seeking an
injunction or revoking the mining permit.
The responsibility for understanding and complying with the conditions of the mining permit
rests with you.
Please do not hesitate to contact either Shawna Riddle at [phone] or me at (828)-296-4500
regarding any questions you might have on this matter.
Sincerely,
Stanl y E. Aiken, PE
Regional Engineer
Land Quality Section
ec: David Miller,PE, State Mining Engineer, ([e-mail])
Danny Smith, Stormwater Program Supervisor,(dannv.smith ncdenr.gov)
Brittany Carson,General Industrial Stormwater Permit Coordinator,(brittanv.carson .ncdenr.eov)

North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE
1. MINE NAME: Steel Gray 2. MINE LOCATION:
3. COUNTY: Mitchell 4. RIVER BASIN: French Broad 5. CASE:
6. OPERATOR: Buechel Stone Corporation
7. ADDRESS: 7274 Hwy 221 N Marion,NC 28752
8. MINING PERMIT#: 61-19 ❑ N/A 9. PERMIT EXPIRATION DATE: ® N/A
10. PERSON(S) CONTACTED AT SITE: Chris Bucy
11. PICTURES? ® Yes ❑ No TAKEN BY: Shawna Riddle
12. TYPE OF INSPECTION:
❑A. Initial Inspection (Unpermitted Mine Sites)
1. Size of affected land: ae. (attach sketch map)
2. IIov was this area measured? Measured by:
® B. Routine Inspection (Permitted Mine Sites)
❑C. Follow-up Inspection
13. Date of last inspection: 6/23121
14. Any mining since that date? ® Yes ❑ No If yes,cite evidence of such mining activity:
Normal mining activity
15. Was mine operating at time of inspection? ❑ Yes ® No If yes,explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If
no, explain: Operating Condition 1 B,Wastewater and Quarry Dewatering-mine permit application states applicant will not be mining below
the water table,but would be discharging non processed wastewater to waters of the State at oulfall 01.Pit water is being pumped into the river at
an unapproved oulfall at trap T1-A.Operating Condition 4B, Erosion and Sediment Control-all mining activities including the installation and maintenance
f all erosion control measures shall be conducted as indicated an the appi cat on-traps are not installed per anrGved plan.
017. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No VN/A If
no,explain:
r
i
18. Is there any off-site damage? A. ❑ Yes 13. ❑ 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: Trap T1-A has an unapproved oulfall installed
leading to the river.Mine was not in operation during inspection.Did not observe at the time of the inspection sediment/water leaving the site.
19. Corrective measures needed and/or taken: 1.Cease all mining activity,2.Install all traps as shown on the approved mine map.
3.Maintain trap T1-A.4.Submit a corrected mine permit application addressing mine dewatering. 5.Submit a modification to the NCG02 NOI j
to include dewatering of waste water,modify CDC for waste water discharge,submit updated maps with additional oulfall.
20. Other recommendations and comments: No additonal mining can take place on site until the all traps have been installed per
approved plan and corrected mine permit application has been submitted and approved,modified CDC and NCG02 NOI application updated submitted
and approved.
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 0/3112 02 2
23. No.of additional pages of Inspection Report - 24. Copy of Report sent to operator with NOV f�
INSPECTED BY: SIaWha RIOT e DATE 09/21/22
Telephone No: 919-302-5311 cell
I
Copy to file Copy to operator Copy to Mining Specialist
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