20230809_ADI_Cover

August 9, 2023
Adam Parr, PE
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
512 N. Salisbury Street, 5tn Floor
Raleigh, North Carolina 27604
RE: Oak Island Partners Sand Mine
Pender County
Cape Fear River Basin
Adam:
The following is a response to your comments dated April 17, 2023:
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.
Response: The access road is shown on Sheet C-i. It stays within an existing access
easement out to HWY 17. It is shown as a blue line on Sheet C-i.
2. Please provide proof of access easement or right of way agreement.
Response: Information is provided showing an existing access easement to HWY 17 and
a deed book and page number.
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.
Response: A picture is provided on the plans of the gate and the location that will
prevent unauthorized entry into the mine area.
4. 'Please show all Erosion and Sediment Control (E&SC) measures on the mine map
(silt fence).
Response: Silt fence is shown on the plans.....the detail and location is provided.
PORT CITY CONSULTING ENGINEERS, PLLC
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5. Please provide construction drawings and maintenance requirements for all E&SC
measures (silt fence).
Response: A maintenance plan has been added to the plans. It is on Sheet C-3.
6. Please specify the seed mixture that comprises "Carolina Coastal Seed Mix
(Blend)" as shown in the permanent seeding schedule.
Response: The permanent seeding mix has been changed to what was requested by
Maria T. Dunn,the Coastal Coordinator of the Habitat Conservation Division.
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.
Response: Provided is a Jurisdictional Determination from the USACE.
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://ipac.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.
Response: Provided is a Threatened & Endangered Species Report.
I am providing two sets of revised plans as well as copies showing the access easement
to HWY 17 and the Juridictional Determination by the USACE and a copy of the
Threatened and Endangered Species Report.
If you need anything else, please let me know.
Sincerely,
Marls N. Hargrove)
Mark N. Hargrove
Port City Consulting Engineers, PLLC
PORT CITY CONSULTING ENGINEERS, PLLC
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