20240417 - NOV - 6354

ROY COOPER
Governor- `
ELIZABETH S.BISER .
Secretary ...
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
April 17, 2024
NOTICE OF CONTINUING VIOLATION
FOR MINING WITHOUT A PERMIT
AND INTENT TO ENFORCE
CERTIFIED MAIL CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
7022 1670 0000 9974 6316 7022 1670 0000 9974 6354
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 6323
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 the
above-mentioned parties are the operators and landowners of this mine. The area affected at the site by mining-related
activities was measured to be approximately 9.0 acres in size.
On April 9, 2024, Scott Graboski and Chris Fullinger of the Washington Regional Office from the Division of
Energy, Mineral and Land Resources conducted a follow-up inspection of the unpermitted mining operation at the same
location mentioned in the previous paragraph. This inspection revealed that progress has not been made to reclaim or bring
the site into compliance.
...�.
D
� Nar€h Carolina Department of Environmental Quality . Division of Energy,Mineral and Land Resources
��!!!��'JJ1111 Washington Re0ionai Office 1 94:3 W Ashington Square Mall 1 Washington,North Carolina 27889
os�wiww rieirtn�Vi awnry 252.9�6.64 81

Notice of Violations
Tower Sand LLC
04/17/2024
Page 2 of 3
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:
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 (252,946.6491) 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.
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.

Notice of Violations
Tower Sand LLC
04/17/2024
Page 3 of 3
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 pen-nit
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.
Sincerely,
Samir Dumpor, P.E.
Regional Engineer
cc: Adam Parr, State Mining Engineer
David May, DWR Supervisor
DEMLR Files
Enclosed: Mining Inspection Report

North Carolina Department of Environmental Quality,
Division of Energy, Mineral, and Land Resources
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE E UNPERMITTED MINE SITE
1. MINE NAME: NIA 2. MINE LOCATION: Gray Road
3. COUNTY: Beaufort 4. RIVER BASIN: Tar-Pamlico 5. CASE:
6. OPERATOR: Tower Sand LLC
7. ADDRESS: 357 Dunbar Drive, Chocowinity,NC 27817
8. MINING PERMIT#: ® NIA 9. PERMIT EXPIRATION DATE: ® NIA
10. PERSON(S) CONTACTED AT SITE: DWR representative,USACOE representative,and Stewart Surrell.
11. PICTURES? E 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)
E C. Follow-up Inspection
13. Date of last inspection: 04/04/2023
14. Any mining since that date? ❑ Yes E No If yes,cite evidence of such mining activity:
15. Was mine operating at time of inspection? ❑ Yes E No If yes,explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No E N/A If
no,explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No E NIA If
no,explain:
I8. 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 and
approximately 2.5 acres have been mined.
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.
20. Other recommendations and comments: The site needs to have a wetland delineation done. DWR buffer
determination is required.
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed E NIA
22. Follow-up inspection needed? E Yes ❑ No Proposed date 06/17/2024
23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 04/17/2024
INSPECTED BY: Scott Graboski & Chris Pullinger DATE April 9, 2024
Telephone No: 252-946-6481
Copy to file Copy to operator Copy to Mining Specialist
Rev.10/2015

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John Curtis Jenkins,Jr
ru ru Tower Sand LLC
a o 357 Dunbar Drive ------- ---------
r• r` Chocowinity, North Carolina 27817 . .................
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Tower Sand LLC
357 Dunbar Drive
Chocowinity, North Carolina 27817
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