20230911_ADI_Response

a" o
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary m
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
May 19,2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 6710
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:
We have reviewed the application 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. Please provide an estimate of the life of the operation in years(pg.3 of the mine permit application).
IOyears corrected application
2. Please clarify the acreage listed in the affected area table on pg. 4 of the mine permit application.
You'vejndicated that your affected area is more than your mine permit boundary.
correcte .
3. 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.
4. Mining has been indicated in the floodplain. Please provide proof of notice and approval from the
jurisdictional floodplain manager. flood plain manager has been notified.awaiting comment/approval
S. Please clearly indicate and label on the mine map the names of owners of record, both public and
private, on all tracts of land that are adjoining the mine permit boundary. (See requirements"o"and
"p"of the map requirements on pg.5 of the mine permit application.)added parcel owners and boundaries within 1000 ft
6. Please refer to Section D of the mine permit application and provide a reclamation map that clearly
illustrates the reclamation plan for the entire site. The map should clearly illustrate the post mining use
of the entire site. It should also include all italicized items listed in the application.-"'cP provided sh.s
7. Please clarify the proposed activity in the Disturbed/unexcavated buffer. -no1c added to sheets,note 1
8. Please provide a description of the vegetative buffer and describe whether this area will be undisturbed,
planted vegetation,etc. 25'Vcgetative buffer shall remain on-disturbed.note added to plans.current trees and vegetation to remain.
North Carolina Department ofEmironmmmalQuality I Division of Energy.Wmal and Land Rci ces
Sn North Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27699 1612
919.707.9200

Certified Mail
7022 0410 0003 1130 6710
Mr. Earp
Page 2
9. The cross section on map sheet 4 of 6 identifies that there will be an"Undisturbed"buffer from the 404
wetlands,however the plan views on the other map sheets identify a"Disturbed/Unexcavated"Buffer.
Please clarify. The area will be disturbed.corrected on cross section.
10. The narrative, mine application, and cross section of the excavation identify a 3:1 slop during
excavation. The narrative states that there will be a 5:1 slope for lake banks. Please clarify how slopes
will be regraded from 3:1 to 5:1 once the limits of excavation have been reached.corrected narrative.
11. The narrative and application states that there are 88.55 disturbed acres. Please clarify if the 404
wetlands are included in the disturbed area. Map sheet 3 of 6 shows the wetlands outside the limits of
excavation but inside the limits of disturbance. Please clarify the disturbance activity that will occur in
the 404 wetland areas. Please provide any 404/401 permits for these disturbances. 404 wednds to not be disturbed
corrected,corected chart on cover page.
12. Please indicate and clearly label the area on map sheet 5 of 6 that is denoted as 25.68 acres of
disturbance. Corrected permit boundary average.
13. The haul road will cross an existing Lower Cape Fear Water&Sewer Authority(LCFWASA)easement
and a 48"raw water main. Please provide additional details as to how the water main will be protected.
Please provide engineering calculations and drawings for the crossing. Added 501 to buffer area,crossing detail
provided.
14. Please specify how the easement will be buffered to ensure no excavation occurs within the easement.
Provide details on any permanent demarcation,fencing,berms,etc. Signs will placed at 50'intervals on both sides of the
easement.
15. Please verify that LCFWASA will have access to the easement from either direction at all times for
maintenance and operation. Note added to plans.Access will be maintained throughout mining operation.
16. The Pre-Construction Notification(PCN)for the DWR 401 application states that this is an expansion
of the existing 421 Sand Mine. The Mining Permit Application submitted to this office indicates that
this is a new operation that would be operated under a different mining permit. Please clarify if this is
a modification to expand the existing mine or to permit a new site. This wA be a modification of permit 65-26.
we are requesfing to rescind the new application
17. On item C.3.c of the mine permit application you've indicated that no dewatering shall occur. In your
cover letter you've indicated that you intend to dewater from this operation to a pond within a separate
mine permitted area when necessary. Please clarify "when necessary". Please provide volume
estimates,etc. dewacring occur in current permit area.permit 65-26
18. The discharge point of the pump is outside the permitted area for this application. Please provide proof
that you have submitted an application for a discharge permit. Now mat this is a modification,pump will be inside permitted
area.
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

Certified Mail
7022 0410 0003 1130 6710
Mr. Earp
Page 3
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, Sth Floor
Raleigh,NC 27604
As required by 15A NCAC 513.01 I3,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