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HomeMy WebLinkAbout20240104_ADI_Request ��n�51A1£q, ROY COOPER Governor ELIZABETH S.BISER Secretary �AM° * WILLIAM E. TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality January 4, 2024 Certified Mail Return Receipt Requested Certified Mail#7022 0410 0003 1066 5832 Tony Johnson Vulcan Construction Materials, LLC 11020 David Taylor Drive, Suite 400 Charlotte,NC 28262 RE: Enka Quarry Mining Permit No. 11-03 Buncombe County French Broad River Basin Dear Mr. Johnson: 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 clearly label the proposed location of the concrete plant, skimmer basin and any other erosion and sediment control measures on the mine map.Please clearly label the clean water diversion culvert. 2. Please provide construction and maintenance details for E&SC measures for this proposed activity. 3. Your application states that the proposed modification area has been investigated for the presence of Waters of the US. Please provide proof of this investigation such as a delineation or report from a wetlands specialist or from a consultant experienced in stream and wetland delineation that supports the statement on the lack of a jurisdictional stream within the expansion area. 4. We have received your report from your consultant,Kleinfelder,that addresses comments with regard to Threatened and Endangered Bats species. However,comments from USFWS indicate that there are other potential threatened and endangered species in the area,such as Appalachian elktoe(alasmidonta raveneliana), bog turtle (glyptemys muhlenbergii), mountain sweet pitcher plant (sarracenia jonesii), rock gnome lichen (gymnoderma lineare). Please provide a biological evaluation or biological assessment for the proposed expansion area and/or mitigation measures to address potential adverse impacts to wildlife. 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 EQl r—A- 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 oanenmem of Envimomenmi Quality /� 919.707.9200 Certified Mail 7022 0410 0003 1066 5832 Mr. Johnson 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, /�� CO n eon. Corey Clayton Assistant State Mining Engineer cc: Ms. Shawna Riddle