20230413_ADI_74-98

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
April 13,2023
Certified Mail
Return Receipt Requested
7008 1300 0000 1127 1418
Tony Harris
American Materials Company,LLC
6131 Oleander Dr.
Wilmington,NC 28403
RE: Brown Sand Mine
Mining Permit No. 74-98
Pitt County
Tar-Pamlico 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 provide proof that the NOI for the NPDES Stormwater permit has been submitted.
2. Please provide proof that you have obtained a Central Coastal Plain Capacity Use Area (CCPCUA)
water withdrawal permit with the Division of Water Resources Groundwater Management Branch for
dewatering activities. The application form may be obtained from the following link:
hops://www.ncwater.org/CCPCUA
3. Please clearly indicate and label on the mine map the locations of well for neighboring properties within
500' of the excavation.
4. 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. The construction entrance, office
trailer, and other mine related activity at the entrance must be included within the mine permit
boundary.
5. Increasing the boundary to include the above items will require notice to adjoining landowners. Please
provide proof, such as copy of the signed return receipts from certified mail, that JENKINS VERGIL
CARROLL JR, HUBAND ELIZABETH BROWN HEIRS, and chief administrative officer of each
county and municipality have been properly notified.
6. Please clarify the affected acreage table. The table shown on the mine map states that 63.86 acres are
disturbed. The table shown in the application states that 63.86 acres are permitted,but only 54.35 acres
are disturbed.
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
7008 1300 0000 1127 1418
Mr. Harris
Page 2
7. 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.
8. 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.
9. Your response to question C.3 in the mine permit application states that the sand will be washed. Please
identify and clearly label on the mine map the location of the processing/wash plant.
10. Please provide an Operation and Maintenance plan for the pumping and dewatering activities.
11. Please clarify your sequence of mining operations. Your current mine map only shows a single
excavated area. Please clarify how you propose to dewater and pump from pit to pit. Additional maps
may be required to illustrate mining phases and the location of separate pits.
12. Please clarify your intent to discharge water from mine dewatering. Your response to C.2 states there
will be no discharge of storm water then continues to state that there will be discharge by pumping. In
addition your cover letter states that the dewatering pond will overflow at times and discharge.
13. During a recent site inspection it was noted that the screening berms had not been constructed according
to plan details. Please provide proof that screening berms are constructed as designed on plan details.
14. During a recent site inspection it was noted that two rock check dams need to be installed. Please
provide proof that a rock check dam has been installed where the ditch leaves the pit excavation and at
the ditch intersection.
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.
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

Certified Mail
7008 1300 0000 1127 1418
Mr. Harris
Page 3
As required by 15A NCAC 513.0113,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
the processing of your application sooner.
Please contact me at(919) 707-9220 if you have any questions.
Sincerely,
At_
Adam Parr, PE
Assistant State Mining Engineer
Enclosures: Inspection Report
cc: Mr. Samir Dumpor,PE