NOD_Hughes Smith Road Mine_10-56_08-01-2022

ROY COOPERGovernor
-
ELIZABETH S.BISER
Secretary gUAM
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
August 01,2022
NOTICE OF DEFICIENCY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7021 0950 0001 1209 5664
Mr. Jimmy McLamb
L.M. McLamb and Son Construction Company,Inc.
800 McLamb Road NW
Calabash,NC 28467
RE: Mining Permit No. 10-56
Hughes Smith Road Mine
Brunswick County
Lumber River Basin
Dear Mr. McLamb:
On July 18, 2022, an inspection of the subject mine was performed by Ms. Caroline Dalis of this office. As
discussed with you on July 22,2022, several deficiencies were observed that require your prompt attention.
The deficiencies discovered and the necessary corrective actions are as follows:
1. Mining activities have extended to the east-northeast beyond the approved Mining boundaries. In
accordance with Operating Conditions 4.0 of the Permit,"Mining activities shall occur as indicated on
the Mine Map Sheets C1 and C2, both received by the Land Quality Section on September 16, 2011,
and the supplemental information received by the Land Quality Section on February 24,2011,May 12,
2011, and July 21,201 U'
2. Mining activities have occurred within the wetlands and within the fifty (50) foot buffer adjacent to
these wetlands located on the western portion of the mine. In accordance with Operating Conditions
3.A of the Permit, "Sufficient buffer(minimum 50 foot 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."
3. The operator shall install and/or maintain erosion control measures to include, but not limited to,
adequate mechanical barriers,construction entrance,etc. in accordance with Operating Conditions 4.A
of the Permit and the approved Mine Map.
E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORhI CAROLINA -
Depart enemEnmmDmenW(W. /� 910.796.7215

Notice of Deficiency
Hughes Smith Road Mine
08/01/2022
Page 2 of 2
4. The mine permit boundaries shall be permanently marked at the site. In accordance with Operating
Conditions 5 of the Permit,"All affected acreage boundaries(37.32 acres)shall be permanently marked
at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals."
5. Submit a Mine Modification to include the additional areas which have been mined outside of the
approved mine permit boundaries. In accordance with Operating Conditions 12 of the Permit, "The
operator shall notify the Department in writing of the desire to delete,modify,or otherwise change any
part of the mining,reclamation,or erosion/sediment control plan contained in the approved application
for a mining permit or any approved revision to it. Approval to implement such changes must be
obtained from the Department prior to on-site implementation of the revisions."
If the previously described deficiencies are not corrected within thirty(30)days following your receipt of this Notice,
this matter will be referred to the Director, Division of Land Resources, Department of Environment and Natural
Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site.
Do not hesitate to contact Ms. Caroline Dalis, Environmental Specialist, or me at [phone] regarding any
questions you may have about this matter.
Sincerely,
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
E QJ� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
_ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTH CAROLINA
oeporbnent of 910.796.7215