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HomeMy WebLinkAbout20231106_ADI_65-26 �diHESTAT-Q, ROY COOPER Governor ? i' - r ELIZABETH S.BISER Secretary Q AM VIOL WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality November 6, 2023 Certified Mail Return Receipt Requested 7022 0410 0003 1130 7694 Mr. Allen Jefferson Earp 421 Sand Mine,LLC. PO Box 100 Winnabow,NC 28479 RE: Cameron Pit Mining Permit No. 65-26 New Hanover County Cape Fear River Basin Dear Mr. Earp: 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. The permitted acreage table is not complete. Please complete the table to include total permitted acreage in addition to total affected acreage. 2. You've stated that the flood plain manager has been notified and that you are awaiting comment/ approval. Please provide proof of notice and approval from the jurisdictional floodplain manager. 3. Some of the owners of record have been identified and labeled on the mine map, however not all adjoining landowners have been labeled. Please clearly indicate and label all owners of record adjoining the mine permit boundary. This includes owners north of the proposed expansion, west of the existing operation and west of the Cape Fear River, south of the existing permit boundary,and east of the existing operation east of Hwy 421. 4. You provided a response to item 13 of the additional information request dated May 19, 2023, where you provided a cross sectional drawing of the crossing. However, you did not provide engineering calculations demonstrating that the 48" sewer main would be adequately protected. Please provide engineering calculations demonstrating that the proposed crossing is adequate to protect the sewer main. 5. Your response to item 17 of the additional information request dated May 19,2023,was that dewatering will occur in the current permitted area for permit 65-26,however,operating condition 111.4.0 of Mine Permit 65-26 does not permit dewatering. Your application for a modification of permit 65-26 indicates that there will be no dewatering (question C.3.C). Please clarify your intent to dewater and correctly fill out the response in the application. 6. Please provide a pumping O&M plan for any proposed dewatering activities. 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 NORTH CAROLINA - oaae�emai Environmental Quality /`� 919.707.9200 Certified Mail 7022 0410 0003 1130 7694 Mr. Earp Page 2 7. Please provide a response to the additional information request dated August 10, 2023. A copy has been enclosed with this letter. 8. Please demonstrate how you propose to stay in compliance with CERCLA and 2L standards once mining begins in the area with the elevated chloride levels. 9. Please clarify how you will reconcile for monitoring of the chloride plume and the remedial action plan of DWM site NONCD0002575 if monitoring wells are removed during the mining process. 10. Please provide proof of individual 401 Water Quality Certification from the Division of Water Resources. 11. Please clarify how you will ensure that perimeter slopes will remain at 3:1 below the waterline while dredging. Please clarify how you will ensure that undercutting and sloughing of the slopes,that could potentially reduce the size of the buffer to wetlands,will be avoided. 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 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 513.0113,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. Certified Mail 7022 0410 0003 1130 7694 Mr. Earp Page 3 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 State Mining Engineer Enclosures: Additional Information Request dated August 10,2023 DWR Request for Additional Information—Addendum cc: Mr. Dan Sams,PE