20231213_ADI_10-A07

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
December 13, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 7847
Mr. Michael B. Hardee
Hardee Enterprises of NC,LLC
131 Houghton Place SW
Sunset Beach,NC 28468
RE: King Sand Mine
Brunswick County
Lumber River Basin
Dear Mr. Hardee:
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 proof you have submitted your NOI for your NPDES permit.
2. Please clarify if any wells exist within 500' of the excavation or if all the adjoining properties are on
municipal water. If there are any wells please clearly identify and label on the mine map the
neighboring wells within 500' of the mine excavation.
3. There is a potential intermittent stream located on the perimeter of the property. The NC Division of
Water Resources (DWR) is concerned about the proximity of the mine excavation and the fill for the
new access road. Please provide a Jurisdictional Determination JD from the US Army Corps of
Engineers (USACE)as well as a stream determination from DWR.
4. The mine permit boundary is only labeled on sheet C2. Please clearly identify and label on the mine
map the mine permit boundary on all sheets that show the permitted area.
5. The hatching on the sediment pond is identical to the hatching of the undisturbed buffer. Please
differentiate the hatching in these two areas.
6. The affected area table in mine permit application has a note that the table is attached separately. There
is no attached table. Please provide an affected area table for the entire site.
7. The permitted area on the affected area table on the mine map only accounts for the affected area.
Please clarify the affected area table on the mine map. The permitted area should include any proposed
undisturbed areas.
8. Please clearly indicate and label on the mine map the owner of record adjoining the mine permit
boundary. The property directly across SR 1323 (Ludlum Rd.)was not labeled.
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 7847
Mr. Hardee
Page 2
9. Please clarify your response to question C.3.b of the mine permit application where you stated there
would be no discharge to waters of the state. The sediment basins drawn on the map show outlets to
the wetlands.
10. Please provide a pumping operations and maintenance plan(O&M)for the dewatering activities.
11. Please clearly label on the mine map the name of the mine permit applicant.
12. Please clearly indicate and label on the mine map structures located within 300' of the mine excavation.
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 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,
Adam Parr,PE
State Mining Engineer
cc: Mr. Dan Sams,PE