20230810_ADI_65-37

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
August 10,2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 6963
Mr. Allen Jefferson Earp
421 Sand Mine,LLC.
PO Box 100
Winnabow,NC 28479
RE: Tree Shaker Sand Mine
New Hanover County
Cape Fear River Basin
Dear Mr. Earp:
On April 14, 2023, the Division of Energy, Mineral, and Land Resources (DEMLR) received your application for
a mining permit for the Tree Shaker Sand Mine in New Hanover County. On May 19,2023,DEMLR notified you
that it required additional information to complete its review. At this time DEMLR has not received a response to
the request for additional information.
DEMLR has recently learned that the site is currently being managed under the Division of Wast Management
(DWM) for elevated chloride levels in groundwater, and that there are a significant number of onsite monitoring
wells within the proposed mine site. The DWM Site ID No. is NONCD0002575.
Please see the enclosed letter dated August 3,2023,from the Division of Water Resources(DWR)where they have
requested additional information to complete their review of the application for 401 Certification. Please provide
proof to this office that you have responded to the letter from DWR. You may include your response as part of the
larger response to DEMLR's May 19,2023,request for additional information.
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
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 6963
Mr. Earp
Page 2
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 5B.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
Enclosures: DWR Request for Additional Information-Addendum
cc: Mr. Dan Sams,PE