10-99_20200710_ADILET

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GOY COOPER Governor �y J' � r=o�
MICHAEL S.REGAN
Secretary
BRIAN WRENN NORTH CAROLINA
Acting Olrector Environmental Quality
July 10l', 2020
Certified Mail
Return Receipt Requested
7016 2140 0000 4367 6751
Mr. Randy Hardee
131 Houghton Place SW
Sunset Beach, NC 28468
RE: Lennon Sand Mine# 3
Mining Permit No. 10-99
Brunswick County
Lumber River Basin
Dear Mr. Hardee:
We have reviewed the application/modification request you/your company submitted for
the referenced mine site. In order for this office to complete its review of the referenced project
in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or
revised information in accordance with the following comments:
1. See comments by NC Wildlife Resources Commission, please address all of
their concerns.
2. See comments by NC Division of Water Resources — Ground Water
Management Branch, please address all of their concerns.
3. See Comments by NC Division of Water Resources — Surface Water Protection
Section. Please provide jurisdictional wetland delineation from the US Army
Corps of Engineers to clearly define wetland boundaries within the modification
area.
4. Provide proof that company has modified the Operations and Maintenance plan
in the NCG02 Stormwater permit.
5. Provide more details around the dewatering activities for the new pit, for
example, pump location, stilling basins, discharge points, etc.
D_E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 276991612
xoamcaao�ua
\r 919.707.9200

Certified Mail
Mr. Hardee
Page 2
6. Please clarify the discrepancy of fuel stored on site. The application states that
no fuel is stored on site, however during a field inspection it was noted that there
is in fact fuel stored on site.
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
As required by 15A NCAC 513.0113, 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.
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 [phone] if you have any questions.
Sincerely,
Adam Parr
Assistant State Mining Engineer
Enclosures
cc: Mr. Dan Sams, PE

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary 4D
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 18, 2020
MEMORANDUM RECEIVED
TO: Ms. Judy Wehner JUN 19 2020
Land Quality Section LAND QUALITY
FROM: Michael Bauer MINING PROGRAM
Ground Water Management Branch
Division of Water Resources
SUBJECT: Comments on the Mining Permit Application Request for:
Randy Hardee
Lennon Sand Mine#3
Brunswick County
Please find attached a copy of the mining permit Application request for the above referenced project.
There is not enough information provided in the application for Lennon Sand Mine#3 located in
Brunswick County to know if they will have an unduly adverse effect on ground water supplies. There are
homes across Southport—Supply Road SE that are close enough to the excavation boundary to potentially
be impacted by dewatering activities, but the application doesn't indicate if these residences are on well
water or public water. If the residences are on well water the Division needs to know the location, well
construction, and pump details of these wells before a decision can be made to determine if the dewatering
activities will have an unduly adverse effect on ground water supplies.
Also, since dewatering of 500,000 gallons per day is proposed on site, the mine will need to register their
water withdrawals with the Division of Water Resources on an annual basis once dewatering activities
begin. The registration form may be obtained from the following link:
https://www.ncwater.org/wwatr
Facilities are required to register their water withdrawals in accordance with the North Carolina General
Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000
gallons or more in any one day of ground water or surface water to register and update withdrawals. This
statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river
basin to another river basin to register and update their water transfers. Water withdrawal registrants must
complete the annual water use reporting form by April 1 for the previous year.
If you have further questions regarding the water withdrawal registration please contact John Barr with the
Division of Water Resources at(919) 707-9021 or email him at,iohn.barr [e-mail].
D_EQJ� North Carolina Department of Environmental Quality : Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center i Raleigh.North Carolina 27699-1611
919.7079000

34. I � Ili III
® North Carolina Wildlife Resources Commission 9
Gordon Myers,Executive Director
MEMORANDUM
TO: Brenda Harris,Mining Program Secretary
Land Quality Section
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn-Coastal Coordinator
Habitat Conservation Division
DATE: July 6,2020
SUBJECT: Mining Permit Application for Lennon Sand Mine#3,Brunswick County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed this permit
application with regard to impacts of the mine on fish and wildlife resources. Our comments are provided
in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16
U.S.0 661-667d),Section 401(b)of the Clean Water Act of 1977(as amended), and the North Carolina
Mining Act of 1971 (as amended, 1982: G.S. 74-76 et. seq., 15 NCAC 5).
The applicant is requesting a modification of Permit No. 10-99 to add 18.0 acres to the existing sand
mining operation.The average depth of mine would be-35'. The mine is located off of NC Hwy 211 near
the intersection of Old Lennon Road and Zion Hill Road.
The NCWRC has reviewed the permit modification request and has concern with the expansion.The
additional mining area,#4A and#413 have areas of wetlands within and adjacent to the proposed
excavation areas. The applicant should demonstrate water drawdowns from mining depths of-35'and
proximity to wetlands would not have a detrimental effect on the wetland hydrology for the entire
expansion area. It is likely that although not directly impacted by excavation,the depth of excavation
areas adjacent wetland features,especially in Mine Area#4A,will ultimately remove wetland hydrology
and funetion. To avoid or minimize draw,down affects, expanded buffers may be necessary.
The NCWRC appreciates the opportunity to comment on this permit modification. If there are additional
comments or questions,please contact me at niaria_dunn_a ncwildlifc.org or(252)948-3916.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Ralcigb NC 27699-1721
Telephone: [phone] • Fax: [phone]

Print this form to PDF Return PDF of this form to DEMLR CO by email.cc DEMLR RO,DWR SPU. Send a copy to the permittee.
MINING PERMIT APPLICATION REVIEW FORM
forthe
DIVISION OF WATER RESOURCES
THIS SECTION TO BE FILLED OUT BY DEMLR:
Project Name: Lennon Sand Mine#3 DEMLR Permit 10-99 County Brunswick Applicant's Email:
hardeeenterorises(a)atmc.net
PERMIT ACTION TYPE: Modification
YES NO Date Commencing
I—I rl
Have land disturbing activities
started? Date? r I f I
Latitude 34.000984 Longitude: -78.251653
Please return comments to (at DEMLR CO): Judy Wehner
Comments due by: 7/3/2020
SECTION BELOW TO BE FILLED OUT BY DWR:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes
Comments: DWR needs a completed jurisdictional wetland delineation from the US Army Corps`of Engineers
to clearly define wetland boundaries within the modification area. DWR also recommends a SCAGGS model
be completed to address lateral affects and potential buffers for wetlands within the modification boundaries A
stream determination is also requested for the UT to Lockwoods Folly River.
Watershed/Stream Name& Classification: UT to Lockwoods Folly River Stream Index 15-25-1d11) Class
SC:HQW. From mouth of Royal Oak Swamp to Brunswick County SR1200
DWR Compliance Status of Mine: Compliant
Does this mine (or previous owner) have DWR back fees to pay? No If yes, amount:
Is this mine an active permit in BIMS? Yes SW8140304 Stormwater Permit issued 2014 for Lennon Project
YES NO
401 Wetland Cert. required? r I rv- I
401 Wetland Cert. existing? !— I Permit# F I
Does DWR RO have enough information to I v I
determine if a 401 certification is required?
Is an O & M Plan needed? YES NO
Are wetlands disturbed at this site? F- I rvo I
IDWR Recommends a SCAGGS
Does DWR RO suspect or know of nearby model be completed to address F
wetlands to the site? lateral effects and potential buffers
and a JD from USACE.
Rev September 2010

Print this form to PDF Return PDF of this form to DEMLR CO by email.cc DEMLR RO,DWR SPU. Send a copy to the permittee.
Fv- QD
Is a wetland delineation required prior to F rConsultant
DWR issuing the permit? F tOnsite?
F (Offsite?
Stream Determination Needed? Y_ (UT to Lockwood s Folly r
Stream Determination Completed? F r F
Does DWR RO need a statement that no
wetlands/streams are disturbed R_
for this project from applicant?
Buffer Determination Needed? r
Buffer Determination Completed? r r F r
Recycle system permit existing? i i Permit# l✓ r
New Recycle System permit required?* F (
Enough information to determine?
Non-discharge permit existing? r Permit#
r (Unknown.
Will wastewaters discharge to HOW waters T t7Q10 Permittee
with a 7Q10=0? Flow: must
determine.
F ( Has Violation
F ( O&M Requirements
F ( HQW/7Q10 Concerns
F ( Pay back fees or renew
Does DWR require DEMLR to hold the DWR permit
permit (e.g. so DWR can review it further or F r Other.
because DWR requires more information)? Please describe the reason to
hold the permit:
RO contact:
( Hold Until: SCAGGS
model, stream determination.
and JD complete
Mine must wait to dewater until an O&M plan is r t r
approved?
Reviewed by:
DWR RO Surface Water: Megan Faulkner and Robb Mairs Regional Office: Wilmington Date: 07/09/2020
RO Aquifer Protection Section: Regional Office: Date:
Rev September 2010