The URL can be used to link to this page

Home My WebLink About20230627-NOV ROY COOPER Gorerno' ELIZABETH S.BISER Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director £nriroruneetal Quality - June 27, 2023 NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT AND INTENT TO ENFORCE CERTIFIED MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED 70221670 0000 9974 3896 7022 1670 0000 9974 3889 John Curtis Jenkins, Sr. John Curtis Jenkins, Jr. 357 Dunbar Drive Tower Sand LLC Chocowinity NC 27817-8447 357 Dunbar Drive Chocowinity NC 27817-8447 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7022 1670 0000 9974 3872 John Aaron Matthew Jenkins Tower Sand LLC 357 Dunbar Drive Chocowinity NC 27817-8447 Dear Gentlemen: This is to inform you that you and/or your firm are violating the Mining Act of 1971 by operating a mine without a permit as required by North Carolina General Statutes (hereinafter NCGS) 74-46, et seq., as amended. On April 4,2023, Scott Graboski of the Washington Regional Office from the Division of Energy,Mineral and Land Resources conducted an inspection of the mining operation being undertaken approximately 550 feet south of the intersection of Gray Road and Harding Road, Chocowinity,North Carolina(coordinates: 35.48875, -77.09248). The operation was originally issued a Notice of Violation (NOV) for a failure to modify permit number 07-28. After meeting with Mr. John C. Jenkins, Sr., at the DEQ Washington Regional Office on June 22, 2023, it has been determined that above mentioned parties are the operators and landowners of this mine. The inspection report from the date of discovery of the mining activity is attached. The area affected at the site by mining-related activities was measured to be approximately 9.0 acres in size. i Pursuant to G.S. 74-50 of the Mining Act of 1971, no operator shall engage in mining without first obtaining a mining permit and posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS 74-49 as: .ZM North Carolina Department of Environmental Quality _ Division of Energy,Mineral and Land Resources _ Washington Regional Office 1 943 Washington Square Mall I Washington,North Carolina 27889 252946.6481 i Notice of Violations f i Tower Sand LLC 06/27/2023 Page 2 of 3 The breaking of the surface to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils, and other solid matter from its original location; and/or The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter to make them suitable for commercial, industrial, or construction use. "Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth (NCGS 74-49(6)). Because you are in violation of The Mining Act of 1971 you are directed to immediately halt the above- mentioned mining operation until you have obtained a valid mining permit from this Department. Please contact this office immediately at DEMLR, Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889 (252.946.6481)to indicate your intention to comply with the Act. 1. No mining operations may be conducted until a mining permit is issued for this site. We expect the permit application to be submitted within 60 days of receiving this letter. 2. In the event that your application for a permit is approved, you must post a reclamation bond or other form of security acceptable to the Department to ensure that the affected area will be reclaimed when your mining operation has terminated. The bond does not have to be submitted concurrently with the application for a permit. 3. Pending the decision to approve or deny your application for a permit,you must take the following corrective actions to restore or repair any damage that has resulted from your unlawful mining activity: a. Stabilize all disturbed areas and stockpiles with seed and straw. b. Submit additional and revised information as requested by our Mining Program. Or 1. As an alternative to filing a mining permit application, you must immediately initiate reclamation of all affected acreage at this site. Such activities include temporary erosion and sedimentation control measures, temporary groundcover, and any other temporary activities to stabilize the site until a reclamation plan is submitted to and approved by the Department. i I i Notice of Violations Tower Sand LLC 06/27/2023 Page 3 of 3 2. In addition,within 15 days of your receipt of this Notice,you must submit a plan detailing the intended reclamation of all affected acreage at this site, including a specific schedule for completion of this work. Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to $5,000.00 per day for each day of a continuing violation. A penalty may also be assessed for these violations and continuing violations, ongoing after receipt of this Notice. Should you fail to comply with the terms of this Notice within the prescribed time frames, additional enforcement action may be taken. In addition to other penalties, any operator who engages in mining in willful violation of the provisions of the Mining Act or who willfully misrepresents any fact in any action taken or who willfully gives false information in any application or report required by the Mining Act shall be guilty of a Class 3 misdemeanor and, upon conviction thereof, shall only be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000.00) for each offense. Each day of continued violation after written notification shall be considered a separate offense. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. The subject site will not be considered in compliance with the Act until you have obtained a valid mining permit and/or satisfactorily completed the required reclamation work. Please do not hesitate to contact either Scott Graboski or me regarding any questions you might have on this matter. i Sincerely, Samir Dumpor, P.E. Regional Engineer cc: David Miller, State Mining Specialist David May, DWR DEMLR Files Enclosed: Mining Inspection Report I I I 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 ❑ No TAKEN 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) Q 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 E 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. E 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? E 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 i