20230607 Ver 1_More Info Requested-Addendum_20230803

DocuSign Envelope ID: 17AO62DA-11369-468E-A81 D-763F3536616D
�STATEa
ROY COOPER = o
Governor -
ELIZABETH S.BISER `
Secretary ` u
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 3, 2023
DWR#20230607
New Hanover County
421 Sand LLC
Attn: Mr.Jeff Earp
1007 Evangeline Dr
Leland NC 28541
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION -ADDENDUM
421 Sand, LLC Tree Shaker Sand Mine Expansion
Corps Action ID#SAW-2022-01855
Dear Mr. Earp:
On May 1, 2023,the Division of Water Resources (Division) received your application requesting a 401
Individual Water Quality Certification from the Division for the subject project. On June 23, 2023,the
Division notified you that it had determined that your application is incomplete and requested
additional information to continue our review. At this time the Division has not received a response to
the Request for Additional Information.
The Division has recently learned that the site is currently being managed under the Division of Waste
Management for elevated chloride levels in groundwater, and that there are a significant number of on-
site monitoring wells within the proposed mine site. The DWM Site ID No. is NONCD0002575.
The Division requires additional information regarding the DWM project to continue our review of the
application for 401 Certification for the proposed project. Please provide the following information in
addition to the items noted in the June 23, 2023, request.
1. Please provide the current status with regards to the DWM groundwater monitoring and
sampling requirements. Please also provide an explanation of how you propose to mine this
area and maintain compliance with any DWM agreements, regulations, or requirements.
2. Based on the December 2019 Annual Groundwater Monitoring Report issued April 13, 2020,
by ELM Site Solutions, 12 wells which were sampled have chloride concentrations which
D� � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CARCLINq
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DocuSign Envelope ID: 17AO62DA-1 1369-468E-A81 D-763F3536616D
421 Sand LLC
DWR#20230607
Addendum to Request for Additional Information
Page 2of2
exceed 2L standards. Please provide an explanation of how you propose to mine the site and
address elevated chloride levels to ensure that additional exceedances of 2L standards do not
occur. In addition, please provide a clear proposal of how dewatering is proposed which
would not cause, or contribute to, a surface water quality standard.
Pursuant to Title 15A NCAC 02H .0502(e),the applicant shall furnish all the above requested information
for the proper consideration of the application. Please respond in writing within 30 calendar days of
receipt of this letter by sending one (1) copy of all of the above requested information to the 401 &
Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the
above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-
Information-Form (note the DWR#requested on the link is referenced above).
If all the requested information is not received within 30 calendar days of receipt of this letter,the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
ISDocuSigned by:
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980C5097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Kim Williams, Davie Resource Group
Brad Shaver, USACE Wilmington Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 20230607 Tree Shaker Mine New Hanover addinfo-addendum.docx
REQNorth Carolina Department of Environmental Quality I Division of Water Resources
r/ 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROJNA 919.707.9000
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