20211028_Non_Release_10-35

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
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BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
October 28, 2021
Steve Simmons
4810 New Britton Loop Rd.NW
Ash,NC 28420
RE: Simmons Mine
Mining Permit No. 10-35
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
An inspection was made of the above mine on October 14,2021, in accordance with N.C.G.S. §74-56 of the
Mining Act of 1971.
The inspection revealed that although mining has ceased,the site has been insufficiently graded and seeded, and
there is insufficient groundcover established,to date. Thus,the Department cannot release this site at this time.
Please continue to monitor the site and provide proper maintenance, as needed,to ensure that a vegetative
groundcover is permanently established. Once the vegetation is established,please contact Ms. Caroline Dalis of
our Wilmington Regional Office at 910-796-7372, or me to schedule an inspection for final release of this site.
Thank you for your cooperation in this matter.
Sincerely,
Adam Parr,PE
Assistant State Mining Engineer
Enclosures: Inspection report
cc: Mr. Dan Sams,PE
D E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORhI CAROLINA -
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North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE
1. MINE NAME: Simmons Mine 2. MINE LOCATION: Tyron Road NW
3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE:
6. OPERATOR: Mr. Steve Simmons
7. ADDRESS: 4810 New Britton Loop Road Ash NC 28420
8. MINING PERMIT#: 10-35 N/A 9. PERMIT EXPIRATION DATE: ® N/A
10. PERSON(S) CONTACTED AT SITE:
11. PICTURES? ®Yes ❑ No TAKEN BY: C.Dalis-Phone
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: 09/27/2021
14. Any mining since that date? ❑ Yes ® No
If yes, cite evidence of such mining activity:
15. Was mine operating at time of inspection? ❑ Yes ® No
If yes,explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A
If no,explain: The mine permit boundaries shall be permanently marked at the site on 100-foot intervals unless
the line of sight allows for larger spacing? intervals. The permittee is responsible to secure an NPDES General
Permit No. NCG020000 due to the mining activities that have occurred within the mine permit boundaries. In
addition, existing vegetation or vegetated earthen berms shall be maintained between the mine and public
thoroughfares whenever practical to screen the operation from the public.
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No ❑ N/A
If no,explain: NC DEMLR received a release request for Mining Permit 10-35.However,during the site visit,NC
DEMLR personnel observed that the operator had not yet completed the reclamation of all the affected areas at the
mine in accordance with the Reclamation Conditions. Therefore,this mine cannot be released at this time.
18. Is there any off-site damage? A. ❑ Yes B. ❑ No C. ® None observed
If A,describe the type and severity of the damage:
If B or C, is there potential for offsite damage? ® Yes ❑ No Explain: Exposed slopes that have not been
reclaimed as of yet may result in offsite damage.
19. Corrective measures needed and/or taken: Mark the mine boundaries as indicated on the approved Mine
Map and in accordance with the Permit. Obtain an NPDES General Permit No. NCG020000 due to the mining
activities that have occurred within the mine permit boundaries. Provide visual screening wherever applicable in
order to screen the operation from the public.
20. Other recommendations and comments: Ensure that all mining is in compliance with all reclamation
conditions of the Permit. For instance,reclamation shall be conducted simultaneously with mining to the extent
feasible which includes grading side slopes to 3:1 or flatter to the water line and 2:1 or flatter below the water
line.
21. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A
2020-2021 ARR has not been received as of yet by the Wilmington Regional Office.
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 10/18/2021
INSPECTED BY: Caroline Dalis DATE 10/14/2021
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Specialist

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