Hearing Officer FORMAT

11/1/12
PUBLIC HEARING FORMAT
I. Call to Order:
- Good evening and welcome. My name is Dr. Kenneth Taylor and I am the
hearing officer for this public hearing. My responsibility is to provide a
record of this hearing and written comments for the Director of the Division
of Energy, Mineral, and Land Resources. I would like to emphasize that
absolutely no decisions will be made this evening on this permit
application. Please sign in at the back on the sign in sheets and indicate
whether or not you wish to speak, if you have not already done so.
- Please take a copy of the Mining Act of 1971 for reference during the
hearing.
- Introduce DENR staff:
Janet Boyer, State Mining Specialist
Trentt James, Environmental Specialist, Wilmington Regional Office
Ashley Rodgers, Assistant State Mining Specialist
Dan Sams, Regional Engineer, Wilmington Regional Office
II. State the Purpose for Hearing:
- The purpose of this hearing is to receive public comment related to the
mining permit application for the operation of a sand mine located off SR
1569 near the town of Hampstead in Pender County.
- The hearing will be conducted in the following manner:
1 . Explanation of the action for which the permit is required by the
hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Energy, Mineral, and Land Resources,
Land Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of registration
at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing
officer. Oral presentations which exceed three (3) minutes must be

accompanied by three (3) written copies which will be filed with the
hearing officer at the time of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional) The applicant may make a short presentation at the end
of the hearing and may be available for individual/group discussion
after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or
statements.
III. Explanation of the Action for which a Mining Permit is Required:
- The applicant proposes to operate a sand mine located off SR 1569 in
Pender County. The applicant has submitted an erosion and
sedimentation control plan for the mine site intended to protect
surrounding areas and watercourses. A reclamation plan has also been
submitted to the Department for review concerning restoration of this area
to a useful land use once mining has terminated. A copy of this
information may be viewed here at the front of this hearing room after the
hearing has adjourned. Copies of the application materials may also be
viewed upon request after tonight at the Land Quality Section's
Wilmington Regional Office and the Raleigh Central Office.
III. LQS Presentation:
- Now I would like to defer to Ashley Rodgers, Assistant State Mining
Specialist with the Land Quality Section, for a brief explanation of the
mining permit procedures as set forth in the Mining Act of 1971 (see
attached "Land Quality Section Public Hearing Presentation")
IV. Comment Procedure:
- Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
permit application. These criteria are the ones that were explained in
detail to you a few minutes ago by the Land Quality Section Mining
Program staff.

- Again, if you have not already signed the attendance sheet in the back,
please do so now. This will provide us with an accurate attendance record
and will let us know who wishes to speak at the hearing tonight. We do
not want to miss anyone.
- In light of the number of people who have indicated their desire to present
comments on this application, I will limit oral comments to *5 minutes per
person in order to give everyone desiring to speak adequate time. If there
is additional time available at the end of the hearing, I may allow additional
comments at that time.
- There is no particular order in which I will call on you to speak, unless you
have specifically requested so prior to the start of this hearing. Therefore,
I will proceed row by row down the attendance sheets calling on those
who have indicated that they wish to speak.
- Please step forward to the podium when I call your name. If you have
written comments it would be extremely helpful if you would provide them
to us before you start your presentation.
(Call on each person who wishes to speak and take notes on their comments, concerns,
etc.)
LQS staff will address questions concerning the Act.
- After all of the individuals that have indicated that they wish to speak have
finished their presentations, ask if anyone else wishes to speak. Ask them
to approach the podium.
- Is there anyone else?
- At this time, would the applicant wish to make some brief comments?
- We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
will review the items presented tonight as they relate to G.S. 74-51 of the
Mining Act of 1971 .
- The proceedings of this public hearing will remain open for a period of 10
days from tonight or until November 11 , 2012 for the filing of additional
written comments to be included in the official hearing summary I will
prepare for the Director of the Division of Energy, Mineral, and Land
Resources.

- Please send 3 copies of any written comments to me at the following
address:
Dr. Kenneth Taylor, Section Chief
Geological Survey
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
- Please note that even though the public hearing summary will close on
November 11 , 2012, the Department will continue to accept written public
comments on this application throughout the application review process
until a decision is made.
- Are there any questions? If not, this public hearing is now adjourned.