20220329_NOV_10-85

ROY COOPER _ =
Governor , .
ELIZABETH S.BISER J.'V, .
Secretary QL..
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
April 13, 2022
CERTIFIED MAIL: 7021 0950 0001 1209 5268
RETURN RECEIPT REQUESTED: 9590 9402 7050 1225 3818 22
NOTICE OF VIOLATIONS OF MINING PERMIT
William E. Bellamy Jr.
Bill Bellamy and Sons, Inc.
PO Box 2169
Shallotte, NC 28459
RE: Mining Permit No. 10-85
Hughes-Smith Road Mine No. 2
Brunswick County
Lumber River Basin
Dear Mr. Bellamy:
This is to inform you and/or your company of a violation(s) of the above referenced mining
permit.
On March 29, 2022, 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:
1. OC 10A: No on-site disposal of refuse or other solid waste that is generated outside
of the mining permit area shall be allowed within the boundaries of the mining
permit area unless authorization to conduct said disposal has first been obtained
from both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal shall
be consistent with the approved reclamation plan.
Additional LCID material from areas not covered by the permit have been disposed
of on site without an authorization in place.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
NORrH cnaouwn _ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
oePa"m�rc°'F"°°"me"� iay 910.796.7215

2. OC12: 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.
No revisions or modifications to the mining permit have been received.
3. RC 213: The side slopes to the lake excavation shall be graded to a 3 horizontal to
1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
The side slopes of the mining area have not been sufficiently stabilized nor at such
an angle as to restrain erosion.
In order to bring this site into compliance, the following corrective actions must be taken:
A. Grade slopes to a minimum of 3 horizontal to 1 vertical or flatter and stabilize with
vegetation sufficient to restrain erosion on all pit slopes.
B. Submit a modification or revision of the mining permit for approval unless
reclaimed to previous permit boundaries and condition.
C. Acquire an appropriate permit for the disposal of the LCID material within the
boundaries of the mining area.
If the above violations are not corrected within sixty (60) 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 Mr. Dan Sams, PE, Regional Engineer, at (910)796-
7215 or Mr. David Miller State Mining Specialist, at [phone] regarding any questions you
might have about this matter.
Very truly yours,
Daniel Sams
Regional Engineer
Attachment: Mine Inspection Report
cc: David Miller