20230620_NOV_Ashton_Farm

ROY COOPER
Governor
vs
ELIZABETH S.BISER
S�tratm�
DOUGLAS R.ANSEL
hitarim Dhvctor
NORTH CAROLINA
Emiromnautal Quality
June 20,2023
Certified Mail
Return Receipt Requested
7020 1290 0001 6718 2770
NOTICE OF VIOLATION OF THE MINING ACT OF 1971
Jimmy L. McLamb
L. M. McLamb& Son Construction Company, Inc.
800 Calabash Rd. W
Calabash,NC 28467
RE: Ashton Farm Sand Mine
Mining Permit No. 10-A04
Brunswick County
Lumber River Basin
Dear Mr. McLamb:
This is to inform you and/or your company of a violation of the above referenced mining permit.
On 06/19/2023, personnel of this office inspected your mine, copy of inspection report attached, and determined
that one or more of the conditions contained in your mining permit are being violated, The conditions being violated
are as follows:
I. Operating Condition No. IA: Any wastewater processing or mine dewatering shall be in accordance
with the permitting requirements and rules promulgated by the N.C. Environmental Management
Commission.
2. Operating Condition No. 4A: Adequate mechanical barriers including but not limited to diversions,
earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment from
discharging onto adjacent surface areas or into any take,wetland,or natural watercourse in proximity
to the affected land.
3. Operating Condition No. 4C Mining activities, including dewatering activities and including the
installation and maintenance of the approved sediment basins and associated diversion channels, shall
occur as indicated in the application, on the Mine Maps sealed June 8, 2022, and the supplemental
information received on March 29,2022,and June 10,2022.
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To correct the current violations and bring the site into compliance,you must take the following corrective actions
within the time specified;
4. Submit mine modification with adequate mine discharge system that retains sediment onsite and is non
erosive. Modification must be congruent with NPDES NCG020000 permit application. Modification
must include the discharge channel as a part of the mine map.
5. Cease pumping operations until NCG020000 is obtained.
If the above violation is not corrected *within sb (30) days following your receipt of this Notice, appropriate
enforcement action will be taken and a civil penalty may be assessed against your company. If a civil penalty is
assessed,the amount may be up to five hundred dollars($500.00)for each day of violation,beginning with the date
of your receipt of this Notice of Violation(N.C.G.S. §74-64). Other enforcement actions may include seeking an
injunction,criminal penalty,revoking your permit or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining permit rests with you. The
responsibility also rests with you for notifying this office of your plans to correct the violations.
Please do not hesitate to contact Daniel Sams,Regional Engineer,at(910)796-7215 or Mr.David Miller,PE,State
Mining Engineer,at(919)707-9220 regarding any questions you might have about this matter.
Sincerely,
Daniel Sams
Regional Engineer
Wilmington Regional Office
Attachment: Mine Inspection Report
cc: Mr. David Miller, PE- State Mining Engineer