Public Notice

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning Farnell Shingleton's application for a mining
permit for a sand mining operation located off SR 1569 in Pender County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 513, Section .0011
PLACE, TIME, DATE: Topsail High School
Media Center
245 North St. Johns Church Road, Hampstead, NC 28443
7:00 P.M.
November 1 , 2012
PURPOSE:
To receive comment related to the application for a mining permit for a sand mining operation
located off SR 1569 in Pender County.
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 new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1 . That any requirement of this Article or any rule promulgated hereunder will
be violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water
quality, or ground water quality which have been promulgated by the
Department;
4. That the operation will constitute a direct and substantial physical hazard
to public health and safety or to a neighboring dwelling house, school,
church, hospital, commercial or industrial building, public road or other
public property, excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes
of a publicly-owned park, forest or recreation area;

6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment
in stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this State
for the protection of the environment or has not corrected all violations that
the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent may have committed under this Article or rules adopted under this
Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by the
applicant as determined necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. 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 must not exceed the
time limit established by the hearing officer. Any oral presentation that
exceeds three (3) minutes must be accompanied by three (3) written
copies, which will be filed with the hearing officer at the beginning of the
oral presentation.
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.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with the
Wilmington Regional and Raleigh Central Office, Land Quality Section, for the public's
information and review prior to the date of the public hearing. Additional information
concerning this hearing may be obtained by writing or calling:
Ashley L. Rodgers
Assistant State Mining Specialist
Land Quality Section
Division of Energy, Mineral, and Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]