HomeMy WebLinkAbout20230322_ADI_82-19 �diHESTAT-Q,
ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
March 22, 2023
Certified Mail
Return Receipt Requested
7019 1120 0001 4914 3528
Mr. Tony Harris
American Materials Company,LLC
1319 Military Cutoff Rd. Suite CC PMB 216
Wilmington,NC 28405
RE: Ivanhoe Pit#2
Mining Permit No. 82-19
Sampson County
Cape Fear River Basin
Dear Mr. Harris:
We have reviewed the modification request your company submitted for the referenced mine site. In order for this
office to complete its review of the referenced project in accordance with N.C.G.S. §74-50 and§74-51 of the Mining
Act of 1971,please provide the additional or revised information in accordance with the following comments:
1. Please clarify the coordinates provided in the mine permit application. The coordinates listed are for a
location 6,800 ft southeast of the existing operation.
2. Please provide topographic contours on the map so that the flow of stormwater can be evaluated.
3. Temporary dewatering basins shown on the last approved map dated June 3,2008,are still existing and
should be shown on the new map submitted for this modification.
4. During a recent inspection by the Fayetteville Regional Office (FRO), it was noted that the location of
the discharge point on the map is incorrect. The FRO measured a discharge point at Latitude,34.6160,
Longitude,-78.2664. Please verify and correctly indicate and label on the mine map the location of the
discharge point.
5. Please clarify the statement on the mine map that "the mine does not discharge any stormwater or
groundwater." There is a statement in the application that states some water will need to be discharged.
There is also an outfall listed on the mine map.
6. Please provide proof of registration with the Division of Water Resources Groundwater Management
Branch for dewatering activities. The registration form may be obtained from the following link:
htt2s://www.ncwater.org/wwatr
7. Please clarify the buffer in the previously mined area in the southeast of the property. There is no buffer
shown on the mine map and it is not clear where the excavation limits are in this area.
8. Please provide proof that the NOI for the NPDES Stormwater permit has been submitted.
D E Q 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 Carolina 27699-1612
NORhI CAROLINA -
oaaa�emaienmronmenmiuuality /`� 919.707.9200
Certified Mail
7019 1120 0001 4914 3528
Mr. Harris
Page 2
9. Please clarify your response to question 5a of the mine permit application. You've indicated a 50 ft
buffer made up of 25 ft undisturbed and 15 ft unexcavated.
10. Please indicated and clearly label on the mine map the location of the fuel tanks on site.
11. Please clearly indicate and label on the mine map the location of the plant area. The current map only
shows a plant area of roughly 1 acre. The affected area table shows an acreage of 4.5 acres.
12. Please clearly indicate and label on the mine map the location of the stockpile area. The affected area
table shows an acreage of 3.0 acres;however this area is not identified on the mine map.
13. The application has not been signed by an officer of the company. Tony Harris is not listed as an officer
or managing member of American Materials Company, LLC in the annual filings on the Secretary of
State Website. An officer of the company will need to sign page 1 and the land entry agreement on
page 19 of the application or provide proof that Tony Harris has signature authority for American
Materials Company,LLC
14. Please clarify the address provided in the application under permanent address for receipt of official
mail. The address provided in the application does not match the mailing or the registered address
listed for American Materials Company,LLC on the Secretary of State Website.
15. Please clearly indicate and label on the mine map the location of adjoining landowner tracts. Names
of adjoining landowners are shown on the map;however,no property lines are shown,and it is difficult
to determine if all adjoining landowners have been listed. An adjoining property map may be submitted
as a separate map.
16. Please clearly indicate and label on the mine map the property lines of the tract or tracts of land on
which the proposed mining activity is to be located including easements and rights of way. The
property boundaries and tracts for Black River Farms, and Forks,LLC do not appear on the mine map.
17. Please provide a land entry agreement for the tract of land owned by Black River Farm LLC.
18. Map sheets 2 and 3 were omitted from the application submission. Please provide Map sheets 2 of 3,
and 3 of 3.
19. Please complete the affected area table. The proposed change to the total affected area and the proposed
change to the total permitted area were omitted form the table.
20. Please provide proof, such as copy of the signed return receipts from certified mail, that all adjoining
landowners and chief administrative officer of each county and municipality have been properly
notified.
Please note, this office may request additional information, not included in this letter, as the mining application
review progresses. Be advised that our review cannot be completed until all of the items listed above have been
fully addressed.
Certified Mail
7019 1120 0001 4914 3528
Mr. Harris
Page 3
In order to complete the processing of your application,please forward two(2)copies of the requested information
to my attention at the following address:
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh,NC 27699-1612
If hand delivering or delivering by shipping company(e.g.,FedEx,UPS),please deliver to our physical address:
Division of Energy,Mineral,and Land Resources
Department of Environmental Quality
512 N. Salisbury Street, 5th Floor
Raleigh,NC 27604
As required by 15A NCAC 5B.0113,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.
Please contact me at(919) 707-9220 if you have any questions.
Sincerely,
A�
Adam Parr,PE
Assistant State Mining Engineer
cc: Mr. Tim LaBounty,PE