20231009_ADI_13-02

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
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WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
October 9, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 7229
David Miller
Hamil Construction Company, Inc.
5051 St. Stephens Church Rd.
Gold Hill,NC 28701
RE: Kluttz Mine
Mining Permit No. 13-02
Cabarrus County
Yadkin River Basin
Dear Mr. Miller:
We have reviewed the modification request 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 see the enclosed comments from the NC Wildlife Resources Commission (NCWRC) and the
US Fish and Wildlife Service(USFWS)that address threatened and endangered species. Please provide
a mitigation plan to mitigate any potential adverse impacts to threatened and endangered species.
2. Please provide proof, such as copy of the signed return receipts from certified mail, that the adjoining
landowner, Janis Hammill,has been properly notified.
3. Please clearly indicate and label on the mine map the location of all existing wells that lie within 500
feet of the proposed excavation or clarify whether the dwellings indicated on the mine map are serviced
by county or municipal water systems. If there are no wells within 500 feet of the excavation, please
provide a statement stating as such.
4. Please clarify what type of activity is proposed in the 100 foot unexcavated buffer north of the proposed
new excavation area.
5. There is a break in the 3 foot high soil berm north of the newly proposed excavation area. Please clarify
how inadvertent access to the highwall will be limited. Please clarify if there will be other visual
screening that will be implemented to screen the operation from the adjoining properties.
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.
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 7229
Mr. Miller
Page 2
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
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
processing your application sooner.
Please contact me at(919) 707-9220 if you have any questions.
Sincerely,
tom_
Adam Parr,PE
State Mining Engineer
Enclosures: Comments from USFWS, and NCWRC
cc: Mr. Zahid Khan