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HomeMy WebLinkAbout20231020_ADI_Received 11Page October 16, 2023 Attn:Adam Parr NCDEQ- DEMI.R-Mining Section 1612 Mail Service Center Raleigh,NC 27699-1612 512 N. Salisbury Street, 516 Floor Raleigh,NC 27604 RE: Shingleton Farms Mine RECEIVED Permit No.71-12 Modification M'2 U 20 Fender County LAND �I,tgIITY Dear Mr.Adam, MINING pkclURj�M On behalf of Mr.Farnell Shingleton,we are submitting a modified mining permit application on the subject permit boundary totaling 41 i.o1 acres. The affected acreage or bonded acreage will be increased to 6.2o acres. The pit will be an expansion north of the existing Pit C as labeled on the mine maps. The previous maps for the rest of the property should still be referenced in the permit files. 1. The previously supplied map did not show the entire permit boundary.Please provide a map showing the entire mine permit boundary that includes the haul road to the nearest public road. RESPONSE: The entire permit boundary (411.01 ac)is shown on Sheet M-i. 2. The previously supplied map did not include the note about haul road maintenance.Please clearly indicate and label on the mine map the note about road maintenance from the previous modification on this map set. RESPONSE: The previous haul road detail and maintenance notes are added to the maps. 3. The previously supplied map sealed July 24, 2023,has Pit C2 labeled as Pit C in the "Proposed Expanded Pit C"view. Please clarify and dearly mark your pit labels. RESPONSE: Revised Pit labels for clarity. Pit D is the proposed excavation and Pit C is the current excavation. 4. The flood map provided in the last response indicates that FEMA Flood Zone A is located in the vicinity and within the mine permit boundary.Please clearly indicate and label on the mine map the ioo year flood plain limits. RESPONSE: Zone A is a non-elevation regulated flood area. The boundary has been shown on the mine map. 2 Page 5. Mining activities have been identified within the ioo-year floodplain,please provide proof of correspondence with the local jurisdictional flood plain manager. RESPONSE: Mr. Shingleton has contacted the Pender County floodplain administrator as requested. The effective maps are dated 2009 and the preliminary or proposed maps were supposed to go into effect in 2014,but currently have not been issued by FEMA. None of the proposed Pit D is inside the effective or preliminary Zone A line. 6. Please see the enclosed comments from the Division of Water Resources regarding wetlands. Please provide a JD (Jurisdictional Determination)on the wetlands in the vicinity of the mine excavation.Please clearly indicate and label on the mine map the location of the wetlands. RESPONSE: The wetland consultant is in discussion with the USACE about this area. We are confident that no areas here are wetlands. Note,the Zone A shown is in the area of Pit C,but the PJD issued for that area per SAW-2018-01325 did not call that area wetlands. So, the area that potentially holds water was not called wetlands,so we would assume the higher ground would not be wetlands or Zone A. This area for Pit D was previously pasture as well. 7. Please clearly indicate and label on the mine may the location of any wetlands and adequate buffers to those wetlands. 50'buffers are recommended to all wetlands.Buffers of less than 50'must be justified. RESPONSE: The wetland line shown for the previous maps is shown again and 50-ft buffers are shown. This is the area along the creek,run of Canary Branch,that drains north to the larger creek called Trumpeter Swamp, which is a regulated Zone AE zone. 8. Please see the closed page of the submitted application that states a proposed 6 gpd.Please provide your proposed dewatering rate. RESPONSE: Revised to 480,00o gpd based off a i,000 gpm pump pumping 8-hrs a day. 9. During a recent site visit,the mine operator and landowner indicated that they would like a single pond rather than 2 ponds left as reclamation. Please clarify your intent and clearly indicate and label on the mine map the design of the final pond. Please provide a sequence of mining operations that details mining in two ponds and removing the dike to create a single pond. RESPONSE: See revised mine maps showing Pit C and Pit D to be one large lake as final reclamation. io. During a recent site inspection,a flashboard riser was visible in the existing Pond C.Please clearly indicate and label on the mine map the location of the proposed flashboard risers. RESPONSE: Flashboard riser-barrel pond outlet devices are shown on the maps for both Pit C and the original Pit A. 31Page i i. Please provide construction and maintenance details for the proposed flashboard riser. RESPONSE: See maintenance notes and details for the flashboard riser outlet. Please review the application and mine maps and let us know if you have any questions or need additional information. Regards; Dogwood LD,PLLC P 2785 t J.BranchXrmith E do_ ood1d�11cogmail.com (9io)-264-107i Cc: (2) Copies of Revised Mine Application Pages (2)Mine Maps [ (1)Copy of 2018 Wetland PJD (i)Copy of emails with Pender Co. FPM (1)Copy of Letter to NPDES Stormwater NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC27699.1612 Division of Energy,Mineral,and Land Resources (919)707-9220 B.MAPS 1. Cleary mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county highway map.These maps,in addition to six(6)copies of all mine maps and reclamation maps,must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C.Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,5kh Floor Raleigh,NC 27699.1612 Raleigh,NC 27604 HUp:llportal.ncdenr.org/webflr/geological home (919)733-2423 County highway maps may be obtained from the N.C.Department of Transportation: Mailing Address Physical Address NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,NC 27699-1587 Raleigh,NC 27610 http:llwww.ncdoLrgfitlgis (919)212.6000 2. A table%hart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,waste piles,processing areaslhaul roads,mine excavations and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit.A table/chart similar to the following will be acceptable: AFFECTED ACREAGE TABLE: OCT 2 0 2023 For new permits,complete only the total affected acreage column. For modifications,complete all columns. L;•.NU DUALITY MINING PROGRAM CATEGORY CURRENTAFFECTED PROPOSED CHANGE TO TOTAL AFFECTED ACREAGE AFFECTED ACREAGE ACREAGE Tailings/Sediment Ponds 0.00 0.00 0.00 Stockpiles 0.30 0.40 0.70 Waste piles 0.30 0.40 0.70 Processing AreasiHaul Roads 3.50 0.40 3.90 Mine Excavations 24.80 4.70 29.50 Other(Please explain) 0.30 0.30 Total Affected Acreage 28.90 6.20 35.10 Total Permitted Acreage 411.01 411.01 411.01 Revised September 21, 2021 P a g e 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C.PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s).Attach additional sheets as needed. SEE ATTACHED MINE MAPS FOR SEQUENCING IN DETAIL!E® OCT 2 0 2M LAND QUALITY MINING PROGRAM 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s), waste piles,accessrmine roads,and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures.Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-seclions/construction details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. 1. Prior to beginning the expanded excavation, the temporary silt fence will be installed per the mine maps. 2.The construction entrance will also be repaired prior to expanded excavations. 3. During excavation activities the haul road shall be maintained for dust control and sedimentation runoff. 4. During excavation activities, self-inspections of the silt fence and construction entrance shall occur and the mine operator will maintain all sedimentation and erosion control measures. 5.The excavation will occur as cell mining and dewatering. 3. A)Will the operation involve wash' the material mined,recycling process water,or other wastewater handling? YES IMNO If yes,briefly describe all such processes including any chemicals to be used. B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? YES ®NO If yes,briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of stabilization)on the mine map(s). Revised September 21, 2021 P a g e ( 6 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)Will any part of the proposed mine excavation(s)extend below the water table? ®YES NO F� If yes,do you intend to dewater the excavation(s)? ®YES NO Estimated withdrawal rate in gallons per day: 480,000•00 If yes,what impact,if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine maps)that lie within 500 feet of the proposed excavation area.Provide data to support any conclusions or statement made,including any monitoring well data,well construction data,and current water withdrawal rates.Indicate whether the proposed mine locale is served by a public water system or private wells. No wells within 500-ft of mining-pumping. Water from Pit D will be pumped into Pit C and dewatered from Pit C with a flash-board riser assuming the water level rises to the overflow. Most of the time, no discharge occurs over the flashboard riser. D)If you answered yes to any of the above questions,provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program.In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources,Ground Water Management Branch,if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NPDES Permit was re-applied at the request of Stormwater Permitting office. Applicant is registered as farm under DWR. Pender County is not in the capacity use area. 4. A)Will the operation involve crushing or any other air contaminant emissions? YES VNO If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. B)How will dust from stockpiles,haul roads,etc.,be controlled? Due to the excavation of moist sandy soils,it is not expected to have any dust issues caused by the stockpiles.Additionally,because the mine is over 500 feet from any adjacent property,the operator does not expect to encounter problems with dust from the internal haul road. A water truck will be used if necessary to control dust on the public access road(Sapps Rd)entering the property. The road is scraped and regraded occasionally as a lot of properties access the road. The property owners along Saps have complianed before about the dust,but it is already a gravel road,and Mr.Shington seems to take care of scraping and cleaning it. Revised September 21, 2021 Page 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit.Please insert the approximate acreage,for each aspect of the mining operation,that you intend to affect during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form)OR Lou can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds 0.00 Ac. X $ /Ac. = $ 0.00 Stockpiles 0.40 Ac. X $ 1,800 /Ac. = $720.00 Waste Piles 0.40 Ac. X $ 2,000 /Ac. _ $800.00 Processing Area/Haul Roads 0.40 Ac. X $ 19800 /Ac. _ $720.00 Mine Excavation 4.70 Ac. X $ 500 /Ac. _ $2,350.00 Other 0.30 Ac. X $ 500 /Ac. _ $ 150.00 TOTAL AFFECTED AC.: 6.20 Ac. TOTAL PERMITTED AC.: 411.01 Ac. Temporary&Permanent Sedimentation&Erosion Control Measures: Divide the TOTAL AFFECTED AC.above into the following two categories:a)affected acres that drain into proposed/eAsting excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST:$4,740.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $4,740.00 X 10 = $948.00 Total Reclamation Bond Cost: ETOTALRECLAMATION BOND COST= SUBTOTAL+INFLATION = ¢,600.00 Round down to the nearest$100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74-54 Revised September 21, 2021 P a g e 114