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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