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HomeMy WebLinkAbout20230628_ADI_10-92 (2) �diHESTAT-Q, ROY COOPER Governor ? i' - r ELIZABETH S.BISER Secretary Q AM VIOL DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality June 28, 2023 Certified Mail Return Receipt Requested 7022 0410 0003 1130 6840 Dave Tripp Tripp's Construction Company 1929 Progressive Farm Rd. Fairmont,NC 28340 RE: Coastal Land and Sand Company,LLC Mine Mining Permit No. 10-92 Brunswick County Lumber River Basin Dear Mr. Tripp: 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 provide proof of registration with the Division of Water Resources Groundwater Management Branch for dewatering activities. The registration form may be obtained from the following link: https://www.ncwater.or /g wwatr 2. Please provide proof you have submitted your NOI for your NPDES permit. 3. Please clearly indicate and label on the mine map the entire mine permit boundary. The mine map should show the existing permit boundary as well as the proposed addition to the mine permit boundary. 4. Please clearly indicate and label on the mine map the existing pit and all affected areas associated with the permit. If you are proposing to release reclaimed areas of the mine permit boundary. Please show the area as it exists on the current permit and clearly indicate which areas are proposed to be released. 5. N.C.G.S. §74-49 defines "affected land" as the surface are of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion,the surface area of land on which overburden and waste is deposited, and the surface area of land used for processing or treatment plant, stockpiles, nonpublic roads, and settling ponds. Please clearly indicate and label on the mine map that the haul road to the nearest public road is included in the Mine permit boundary. 6. Please clearly indicate and label on the mine map the extents of the 100 year flood plain. 7. Mining has been indicated in the floodplain. Please provide proof of notice and approval from the jurisdictional floodplain manager. 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 6840 Mr. Tripp Page 2 8. The current permit is issued to Coastal Land & Sand Company, LLC. Please clarify the response in the application where the applicant is listed as Tripp's Construction Company. A transfer of the permit will require letters signed from both the new applicant as well as the current permittee requesting the transfer of the permit. 9. Please clearly indicate and label on the mine map all structures located within 300' of the excavation limits. There is a structure located south of the existing excavation that does not appear on the mine map. 10. 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. 11. Please provide construction and maintenance details of the construction entrance. Please clearly identify the location of the entrance on the mine map. Please clarify if this entrance will occur at the entrance to the State Maintained Road or at the entrance of the operation. 12. The buffer proposed on the mine map changes from 25'to 50'at various location around the excavation. There are places on the mine map that show buffer less than 50' in vicinity of wetlands. Please clarify how you will maintain the proposed buffer around the excavation. Please clarify how you will ensure that the 50' wetlands buffer is not encroached upon. 13. During a recent site inspection, it was noted that one of the old borrow pits/ existing ponds that is marked on the mine map as reclaimed as pond is being filled in. Please clarify this activity. Please be advised that there should be no land disturbing activity associated with this permit occurring outside the permit boundary. 14. Please clarify and provide additional details on your dewatering plan. The application states that dewatering will occur at a rate of 500,000 gal/day, and the mine map states that dewatering will occur at a rate of 95,000 gal/day. The existing pond that is being dewatered into is functioning as an erosion control measure and needs to be included in the mine permit boundary. 15. During a recent site inspection, the existing pond outlet was not observed or installed. Please provide additional details on the existing pond outlet, including construction and maintenance details. Please clarify how you will prevent erosion/scouring and elevated turbidity as water is discharged from the pond to the wetlands. 16. Please provide an estimate of the discharge rate from the pond and provide an explanation as to how this impacts the hydrology of the wetlands. 17. Please provide a wetlands delineation or a Jurisdictional Determination for the wetlands identified on the mine map. 18. During a recent site inspection, it was noted that the affected area boundaries (Condition 5 of your permit) were not clearly marked. Please mark all affected area boundaries and provide proof of the marking or contact the Wilmington Regional Office so that they may verify the markings are in place. 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. Certified Mail 7022 0410 0003 1130 6840 Mr. Tripp Page 3 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 Assistant State Mining Engineer cc: Mr. Dan Sams,PE