20230428_Water_Sewer_Authority

Dependable
-..Oda ve Regional
April 24,2023
NC Department of Environmental Quality RECEIVED
Division of Energy,Mineral, and Land Resources
1612 Mail Service Center APR ? 8 2023
Raleigh,NC 27699-1612
RE:: Mining Permit Application wkk
421 Sand Mine
To Whom it May Concern:
The Lower Cape Fear Water&Sewer Authority(LCFWASA),a North Carolina water and sewer authority,
is a public owner of record of land adjoining the proposed 421 Sand Mine(the"Applicant") located near
US Highway 421 in New Hanover County(the"Site")as indicated in the March 27, 2023 North Carolina
Mining Permit Application submitted by Jeff Earp (the"Application"). LCFWASA owns and maintains a
48-inch raw water main within close proximity to the Site. The raw water main is accessed from the Site
by an easement that crosses the Site and a separate easement parallel to US Highway 421. Please find
attached Exhibit"A"which provides an overview of LCFWASA's easement locations.
The raw water main is of vital importance to the drinking water supply for the residents and businesses of
New Hanover and Pender Counties,serving over 200,000 customers.A safe,reliable drinking water supply
is an imminent public health concern; therefore, it is critical that the raw water main and the easements
within which it resides are fully protected at all times.Further,to ensure continued safe and reliable drinking
water for LCFWASA's customers, continuous access to the raw water main and the easements must be
maintained at all times for LCFWASA's operations, including repair and maintenance of the system.
LCFWASA objects to the issuance of a permit in its entirety on the following bases:
1. The Applicant failed to include any reasonable provisions for the protection of the surrounding
environment. The Site is located within the drainage path of Fishing Creek. This area flooded in
2018 during Hurricane Florence, the resulting drainage/runoff through Fishing Creek washed out
four lanes of US Highway 421. The Applicant failed to address how runoff from major weather
events can continue to be routed through the Site without destabilizing the existing LCFWASA
easements and the critical infrastructure within these easements.
2. The operation of the Site,given its vicinity to LCFWASA's critical infrastructure and location in a
disaster-prone area, constitutes a direct and substantial physical hazard to public health and safety
(the drinking water supply of the residents and businesses of New Hanover and Pender Counties)
and LCFWASA's property(i.e., the 48-inch raw water main).
Lower Cape Fear [water & Sewer Authority
1107 New Pointe Blvd, Suite 17 a
phn 910.383.1919 fax [phone]
Leland, North Carolina 28451 www.lcfwasa.org
Water is our business

3. The Applicant's previous experience with similar operations indicates a substantial possibility that
the operation will result in substantial deposits of sediment in stream beds, landslides, or water
pollution.As previously cited,the Site flooded in 2018 during Hurricane Florence and the resulting
drainage/runoff washed out four lanes of US Highway 421. The Applicant has failed to address
how runoff from major weather events in the disaster-prone Site, like tropical storms and
hurricanes,can continue to be routed through the Site without again resulting in substantial deposits
of sediment in stream beds and washouts.
4. The Application does not meet the requirements of 15A NCAC 05131.0104,as the plan as submitted
does not provide the following information:
a. Practices to be taken to protect adjacent surface resources,such as the Cape Fear River and
Fishing Creek.
b. Methods of restoration or establishment of stream channels and stream beds to a condition
minimizing erosion,siltation,and other pollution.
c. Mine maps with accurate drawings, aerial photographs or enlarged topographic maps
clearly showing:(i)an outline of the stockpile areas;(ii)an outline of overburden disposal
areas;(iii)the location of processing plants;and the outline of settling ponds.
Should the Department take the Application under consideration,LCFWASA requests a public hearing be
held pursuant to N.C.G.S. §74-51, and that the Applicant submit the following information to the
Department in full,with copy to LCFWASA:
1. A detailed plan depicting:
a. The dimensions and limits of excavation relative to the LCFWASA's easements.'
b. The degree of slopes to be excavated adjacent to the LCFWASA's easements.
2. Detailed plans for the stabilization of the excavated areas,providing such information to show that
the excavated slopes will be sufficiently stabilized to be protected from erosion or washouts that
could migrate towards the easements.Stabilization may require the provision of additional setbacks
to protect the easements.
t LCFWASA is currently in the preliminary planning stage to install a new,parallel 48-inch diameter raw water main
in the existing easements that border the Site.LCFWASA requests review ofdetailed plans for the proposed excavation
limits(as noted above), to ensure that construction of the parallel main will not be impacted by the Site.
Jr Ower rape Fear Water 6, Sewer Authority
1107 New Pointe Blvd, Suite 17 a
phn 910.383.1919 fax [phone]
Leland, North Carolina 28451 www.lcfwasa.org
Water is our business

Should the Department consider the Application for approval,LCFWASA requests the following conditions
be placed upon any permit issued to the Applicant:
1. The Applicant shall provide to the Department, with a copy to LCFWASA, written confirmation
that LCFWASA will have access to the easements from either direction at all times for maintenance
and operation.
2. The Applicant shall apply permanent demarcation of the easement for the existing sand mine at the
Site before the start of excavation and reviewed on-site with LCFWASA personnel.
3. The Applicant shall complete a Subsurface Utility Engineering of the LCFWASA 48-inch raw
water main pipeline to accurately determine its location and depth before excavation or any
construction activities.
4. The Applicant shall install permanent barriers or fencing along the LCFWASA easements with
LCFWASA approval and review to protect the pipeline from errant construction access.
5. Should the Applicant desire to access the LCFWASA easements in any manner for the purpose of
its construction and/or operation, the Applicant shall provide to the Department, with a copy to
LCFWASA,a detailed crossing or access design,sealed by a North Carolina Professional Engineer
approved by LCFWASA.The crossing design should be developed to ensure that traffic loading or
other activities will not impact the existing pipeline integrity and allow access for operation and
maintenance at all times by LCFWASA staff.
6. The Applicant shall allow LCFWASA to have a representative on-site periodically during the sand
mining operation to observe the excavation.
7. Any such other conditions which may be determined to be necessary to safeguard adjacent surface
resources.
We respectfully request that the Application be denied in its entirety; however, if not please take these
comments into consideration during your review, and before any permit approval or issuance. If you have
any questions, or if I can provide further clarification,please do not hesitate to contact me.
Since
Tim Holloman Executive Director
Lower Cape Fear Water& Sewer Authority
Lower Cape Fear Dater & Sewer Authority
1107 New Pointe Blvd, Suite 17 phn 910.383.1919 fax [phone]
''
Leland, North Carolina 28451 www.lcfwasa.org
Water is our business

The proposed sand mine will be located in the drainage path of Fishing Creek. This area flooded in 2018 during Hurricane Florence and the resulting drainage
through Fishing Creek washed out four lane of Highway 421.
i
Fishing Creek
ry
sr
t
Proposed Sand Mine Location
:4 J
..
HWY 421 Road Section after
Existing Sand Mine Location 2018 Hurricane Florence
r Washout
LCFWASA Existing Water Y
Transmission Main in
Easement