NOV_Expired Over Two Years_Britt Landscaping 1_10-33_06-23-2021

ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
June 23, 2021
NOTICE OF VIOLATION OF THE MINING ACT OF 1971
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7018 1830 0000 9681 5906
Mr. Charles Britt
Britt's Landscaping
186 Southport-Supply Road
Supply,North Carolina 28462
RE: Expired Mining Permit No. 10-33
Britt's Landscaping Mine #1
Brunswick County
Lumber River Basin
Dear Mr. Britt:
This is to advise that you and/or your firm is in violation of Reclamation Condition No. 4 of Mining Permit No. 10-
33 for failure to complete final reclamation at the Britt's Landscaping Mine#1 in Brunswick County within 2 years
of completion of mining.
Under North Carolina General Statute (G.S.) §74-49 (17), mining terminated at this site by operation of law on
December 16, 2014, when Permit No. 10-33 expired. In accordance with the permit, final reclamation should have
thus been completed by December 16, 2016.
An inspection by Caroline Dalis with the Wilmington Regional Office from the Division of Energy, Mineral and
Land Resources (DEMLR) of the Department of Environmental Quality on June 1, 2021, revealed little or no
reclamation efforts and that the site remained virtually unchanged since mining operations ended at Britt's
Landscaping Mine #1. However, during the site visit, NC DEMLR observed the handling of inert debris, yard
trimmings, and miscellaneous items at the site.
Expiration of the permit only precludes further mining operations; reclamation requirements continue to remain in
effect. Section §74-56 of the Mining Act of 1971 mandates initiation of bond forfeiture proceedings for failure to
reclaim in accordance with the reclamation plan.
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street i I612 Mail Service Center Raleigh.North Carolina 2sb99-1612
919,7079200

Notice of Violations
Mining Permit No. 10-33
June 23, 2021
Page 2
Because you are in violation of The Mining Act of 1971 you are directed To correct the current violations and
bring the site into compliance. Please contact this office immediately at 127 Cardinal Drive Extension
Wilmington,NC 28405 and 910-796-7215 to indicate your intention to comply with the Act. In addition,you are
requested to respond in writing to this notice detailing how you have taken the following corrective actions
to bring this site into compliance:
1. If you desire to continue mining operations at the site, you must:
A. Complete and file an original and 5 (five) copies of an application form for a new mining
permit for this site along with the required corresponding mine maps. The appropriate
mining permit application processing fee is also required. The application for a mining
permit, The Mining Act of 1971, the Administrative Rules, and other forms may be
downloaded by visiting:
hgps:Hdeq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
permits/mining=program, the web page for the Division of Energy, Mineral and Land Resources'
Mining Program. No mining operations may be conducted until a mining permit is issued for
this site.
This corrective action must be completed WITHIN 30 DAYS OF RECEIPT OF THIS
NOTICE OF VIOLATION.
B. Commence adequate reclamation activities on the inactive(oldest)sections of the affected
areas at the site and continue said activities until all affected areas where mining has
terminated are sufficiently reclaimed.
This corrective action must commence WITHIN 30 DAYS OF RECEIPT OF TIIIS NOTICE
OF VIOLATION.
C. Obtain authorization from both the Division of Waste Management and the Division of
Energy, Mineral, and Land Resources in order to dispose of refuse and other solid waste
materials within the boundaries of the mining permit area that were originally generated
outside of the mining permit area.
2. If you desire to permanently close the mine, you must:
A. Contact David Miller, State Mining Specialist in writing at the letterhead address WITHIN
14 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION.This written response must:
i. Confirm that you intend to complete final reclamation of the mine site,
ii. Include a schedule with dates that detail a reasonable timeframe for both initiation
and completion of the reclamation of all affected areas at the mine site according
to the Reclamation Conditions of expired Mining Permit No.10-33.
If the future reclamation plan or current conditions vary from the current plan filed with the
Department you must submit an updated reclamation plan for all affected areas at the mine site.
This plan must include final slopes throughout the site, final cross-sections of all affected areas,
permanent measures and/or devices to ensure that all reclaimed areas will be non-erosive, a
complete revegetation plan for final reclaimed areas, etc.

Notice of Violations
Mining Permit No. 10-33
June 23, 2021
Page 3
B. Provide a narrative of the future of the site. The one previously provided does a good job
explaining the current operation but does not request that the site be released from the
mining permit. This narrative should also clarify that none of the cover material will come
from the current site, as this would be considered mining.
C. Provide a completed release form,requesting the release of the site from the mining permit.
This matter is under review for referral to the Director, Division of Energy, Mineral and Land Resources for
enforcement. If a civil penalty is assessed, the amount of the penalty shall be up to $5,000.00 a day for mining
without a permit and$500.00 a day for failure to reclaim the site in a timely manner as per the reclamation conditions
of the permit, beginning with the date of your receipt of this Notice of Violation(G.S. §74-64).
The responsibility also rests with you for notifying this office of your plans to correct the violations. Your response
to this letter will be considered as a part of any enforcement action recommendations.
Please do not hesitate to contact Mr. Daniel Sams, P.E., Regional Engineer,at(910) 796-7215 or Mr. David Miller,
State Mining Specialist,at(919) 707-9228 regarding any questions you might have on this matter.
Siincerel�y,
!mil / i'
Mr. Daniel Sams, P.E.
Regional Engineer
Division of Energy, Mineral and Land Resources
Attachment: Mine Inspection Report
cc: Mr. David Miller, P.E. - State Mining Specialist
Wilmington Regional Office