20230417_ADI_71-52

�diHESTAT-Q,
ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
April 17, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 6604
Russell Carter
Oak Island Partners,LLC
806 North 23rd Street
Wilmington,NC 28405
RE: Oak Island Sand Mine
Mining Permit No. 71-52
Pender County
Cape Fear River Basin
Dear Mr. Carter:
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. 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. Please clearly indicate and label on
the mine map that the haul road to the nearest public road is included in the Mine permit boundary.
2. Please provide proof of access easement or right of way agreement.
3. Please provide details and clearly indicate on the mine map the location of the gate that serves as a
barricade to prevent unauthorized entry into the mine site.
4. Please show all Erosion and Sediment Control(E&SC)measures on the mine map (silt fence).
5. Please provide construction drawings and maintenance requirements for all E&SC measures (silt
fence).
6. Please specify the seed mixture that comprises "Carolina Coastal Seed Mix (Blend)" as shown in the
permanent seeding schedule.
7. Please provide a Jurisdictional Determination(JD)from the USACE. The Division of Water Resources
will need a JD to determine if there are any associated impacts to determine if a 401 permit is required.
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
7022 0410 0003 1130 6604
Mr. Carter
Page 2
8. The mine is located in close proximity to NC Wildlife Resources Commission's (NCWRC) Holly
Shelter Game Land. This area offers numerous habitat opportunities for important state and federal
species, including the red cockaded woodpecker,tricolored bad, and northern log-eared bat,which are
listed as threatened or endangered by the US Fish and Wildlife Service(USFWS). Please consult with
USFWS or their IPaC website,https:Hipac.ecosphere.fws.gov/,to obtain an official species list for the
project area, available tools, and effect determination the project may have on federal threatened and
endangered species. Please provide a mitigation plan to mitigate any potential adverse impacts to any
listed species.
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
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,
Adam Parr,PE �—
Assistant State Mining Engineer
cc: Mr. Dan Sams,PE