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HomeMy WebLinkAbout20230412-NOV yaM.YSTAT£gA,� ROY COOPER e'0 ; Govemor ELIZABETH S.BISER Q a Secretary �`+raunva�v 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