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ELIZABETH S.BISER Q a
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DOUGLAS R.ANSEL NORTH CAROLINA
Intenm Director Enviromnental Quality
April 12, 2023
NOTICE OF VIOLATIONS OF MINING PERMIT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 3380 0001 0998 8295
Mr. John C. Jenkins
P.O. Box 333
Chocowinity,NC 27817
RE: Mining Permit No. 07-28
The Gray Road Mine
Beaufort County
Tar-Pamlico River Basin
Dear Sir:
This is to inform you and/or your company of violations of the above-referenced mining permit. On April
4, 2023, Scott Graboski and Amber Rights,Environmental Specialists with the Washington Regional Office
of the Division of Energy, Mineral, and Land Resources (DEMLR) of the Department of Environmental
Quality,conducted an inspection of the subject facility. A copy of the inspection report is attached for your
reference.
Inspection results revealed violations of the following mining permit conditions(Permit No. 07-28). Each
violation listed below has an associated corrective action to be taken in order to bring the site into
compliance. Corrections must be made within sixty (60) days following your receipt of this Notice.
1) Operating Condition 3.A of Mining Permit 07-28
"Sufficient buffer(minimum 50 ft undisturbed) shall be maintained between any affected land
and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland
from erosion of the affected land and to preserve the integrity of the natural watercourse or
wetland."
Activities have encroached into the Tar-Pamlico Riparian Buffer along the Chocowinity
Creek that runs to the east of the unpermitted activities. A haul road has also crossed a blue-
line stream between mining areas.
t' North Carolina Depaitmentef EnviroornentnlQuality I Divisionof Energy,Mineral and Land Resources
Washington Regional Office i 943 Washinaton Square Mall I Washington,North Carolina 27889
252.946,6481
Notice of Violations
Mr. John C. Jenkins
04/12/2023
Page 3 of 3
Please respond in writing to this letter within thirty (30) days of receipt. Your response to this letter should be
mailed to the Washington Regional Office at:
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Washington Regional Office
Mr. Samir Dumpor, PE
Regional Engineer
943 Washington Square Mall
Washington,North Carolina 27889
If the above violations are not corrected within sixty (60) days following your receipt of this Notice,
appropriate enforcement action may be taken, and a civil penalty may be assessed against your company. If a
civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation,
beginning with the date of your receipt of this Notice of Violation(N.C.G.S. 74-64). Other enforcement actions
may include seeking an injunction, criminal penalty, revoking your permit, or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining permit rests with
you. The responsibility also rests with you for notifying this office of your plans to correct the violations.
Please do not hesitate to contact Mr. Samir Dumpor, PE, Regional Engineer, at 252-946-6481 or Mr.
David Miller, PE, State Mining Specialist, at 919-707-9220 regarding any questions you.might have about this
matter.
Sincerely,
Samir Dumpor, PE
Regional Engineer
Enclosures: Mine Inspection Report
cc: Washington Regional Office Files
Brad Cole, Section Chief of Regional Operations
David Miller, PE, State Mining Specialist
David May, DWR Regional Supervisor
North Carolina Department of Environmental Quality,
Division of Energy, Mineral, and Land Resources
MINE INSPECTION REPORT
® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE
1. MINE NAME: The Gray Road Mine 2.MINE LOCATION: Gray Road
3. COUNTY: Beaufort 4. RIVER BASIN: Tar-Pamlico 5. CASE:
6. OPERATOR: John C. Jenkins
7. ADDRESS: P.O. Box 333 Chocowinity,NC 27817
8. MINING PERMIT#: 07-28 ❑ N/A 9. PERMIT EXPIRATION DATE: ® N/A
10. PERSON(S) CONTACTED AT SITE: No one was contacted.
11. PICTURES? ® Yes ❑ N No TAKE BY: Scott Graboski
12. TYPE OF INSPECTION:
❑ A. Initial Inspection(Unpermitted Mine Sites)
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured? Measured by:
® B. Routine Inspection (Permitted Mine Sites)
C. Follow-up Inspection
13. Date of last inspection: 01/11/2019
14. Any mining since that date? ® Yes ❑ No If yes,cite evidence of such mining activity:
Outside of the permit boundaries.
15. Was mine operating at time of inspection? ® Yes ❑ No If yes,explain:
Excavator was operating at the time of inspection,outside the permitted area.
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If
no,explain: O.C.3.A.Sufficient buffer(minimum 50 foot undisturbed)shall be maintained between any affected
land and any adjoining waterway or wetland. O.C. 10.A.No on-site disposal of refuse or other solid waste generated
from outside the mining permit area. O.C. 12.Notify the Department in writing of the desire to modify the approved
mining permit prior to on-site implementation.
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® N/A If
no,explain:
18. Is there any off-site damage? A. ® Yes B. ❑ No C. ❑ None observed
If A, describe the type and severity of the damage: Approximately 9 acres of land have been cleared outside
of the permitted boundary,the unpermitted crossing of a blue-line stream, and mining in the Tar-Pamlico Riparian
Buffer.
If B or C,is there potential for offsite damage? ❑ Yes ❑ No Explain:
19. Corrective measures needed and/or taken: All mining must halt until the site is properly permitted.
Continuing to mine outside the permit boundary is cause for enforcement.
20. Other recommendations and comments:
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed ❑ N/A
22. Follow-up inspection needed? ® Yes ❑ No Proposed date
23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 04/12/2023
INSPECTED BY: Scott Graboski &Amber Rights DATE April 4, 2023
Telephone No: 252-946-6481
Copy to file Copy to operator Copy to Mining Specialist
Rev.10/2015