20231220_ADI_10-A08

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
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WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
December 20, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 7892
Mr. Mark G. Kennedy
Kenedy Family Properties,LLC
420 Green Hill Rd.NE
Leland,NC 28451
RE: Kennedy Sand Mine
Brunswick County
Cape Fear River Basin
Dear Mr. Kennedy:
We have reviewed the application your company submitted for the referenced mine site. In order for this office to
complete its review of the referenced project in accordance with N.C.G.S. §74-50 and§74-51 of the Mining Act of
1971,please provide the additional or revised information in accordance with the following comments:
1. The permitted area on the affected area table on the mine map only accounts for the affected area.
Please clarify the affected area table on the mine map. The permitted area should include any proposed
undisturbed areas.
2. The permitted area on page 2 of the application is listed as 117.10 acres, however tables on the mine
maps and the table in the application show a proposed area of 39.72 acres.
3. Please provide proof, such as copy of the signed return receipts from certified mail, that all adjoining
landowners and chief administrative officer of each county and municipality have been properly
notified.
4. Please provide proof that you have submitted your NOI for your NPDES Permit.
5. Please provide additional details on the sequence of mining operations. Please clarify if the temporary
sediment basin will only be utilized during the initial establishment of the pit.
6. The mine boundary is shown as the same boundary as the property line. The mine excavations and
undisturbed buffers around the limits of excavation have been denoted on the mine map. Please clarify
what other activities will occur in the undesignated area between the permit boundary and the
excavation buffers.
7. Please clarify how the wetlands north of Mine Area #2 will be protected from dewatering activities.
The dewatering basin in Mine area#2 appears to discharge to a drainage area that will not drain back
to the wetlands in the north.
8. Please provide a pumping Operations and Maintenance Plan(O&M) for the dewatering activities.
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 -
oaaa�emaienmronmenmiuuality /`� 919.707.9200

Certified Mail
7022 0410 0003 113 7892
Mr. Kennedy
Page 2
9. Please clearly indicate and label on the mine map the locations of neighboring wells within 500' of the
mine excavation. Please provide a well survey and water supply restoration plan. The well survey
should identify any wills within 500 ft of the proposed mine and include well owner name, address,
contact information and well depth. The water restoration plan should describe action to be taken to
investigate water supply complaints, identify cause, and restore water supply if impacted by mining.
An example water supply restoration plan is attached.
10. Due to the potential presence of threatened and endangered species on the site, please provide either
proof of consultation with the US Fish and Wildlife Service or conduct an online IPaC evaluation to
acquire an effect determination. The IPaC site, listed below would direct the applicant in the
appropriate actions. Species that may be in the project area include the federally endangered northern
long-eared bat, proposed endangered tricolored bat, and listing candidate monarch butterfly.
htlps:Hipac.ecosphere.fws.gov/
Please note, this office may request additional information, not included in this letter as the mining application
review progresses. Be advised that our review cannot be completed until all of the items listed above have been
fully addressed.
In order to complete the processing of your application,please forward two(2)copies of the requested information
to my attention at the following address:
Division of Energy,Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh,NC 27699-1612
If hand delivering or delivering by shipping company(e.g.,FedEx,UPS),please deliver to our physical address:
Division of Energy,Mineral, and Land Resources
Department of Environmental Quality
512 N. Salisbury Street, 5th Floor
Raleigh,NC 27604
As required by 15A NCAC 5B.0113,you are hereby advised that you have 180 days from the date of your receipt
of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request
additional time,you must submit information,in writing,to the Director clearly indicating why the deadline cannot
be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be
made to grant or deny the mining permit based upon the information currently in the Department's files at the end
of the 180-day period.

Certified Mail
7022 0410 0003 113 7892
Mr. Kennedy
Page 3
Though the preceding statement cites the maximum time limit for your response,we encourage you to provide the
additional information requested by this letter as soon as possible. Your prompt response will help us to complete
processing your application sooner.
Please contact me at(919) 707-9220 if you have any questions.
Sincerely,
Adam Parr, PE
State Mining Engineer
Enclosures: Water supply restoration plan
cc: Mr. Dan Sams,PE