20231026_ADI_98-41

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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
October 26, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 7632
Robert Brown
Toisnot Preserve LLC
3204 Nash St.North, Suite C
Wilson,NC 27896
RE: Toisnot Pit
Wilson County
Neuse River Basin
Dear Mr. Brown:
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. 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.
2. Please provide proof that you have submitted your NOI for your NPDES Stormwater permit.
3. Please clarify the mining process. You've proposed that no mining below the water table nor
dewatering will occur. However, you've proposed reclaiming the site as a lake once mining is
complete. Please clarify how you intend to maintain more than 4' of water in the lake if mining below
the water table is not to occur.
4. There are potential intermittent features depicted on the NRCS Soil Survey which would be impacted
by the excavation pits. This project contains impacts to wetlands and the aforementioned streams,
which is an activity that must be authorized by the DWR/USACE. Please provide additional details on
the wetland and stream disturbance. This may require a Jurisdictional Determination, Buffer
Determination, or 401 Water Quality Certification. Please provide proof of correspondence/approval
from USACE and DWR for the disturbance.
5. Please provide proof of 401/404 approval from DWR and the USACE for the wetland crossing or
provide proof of correspondence from DWR and USACE stating why 401/404 is not needed.
6. Please provide construction and maintenance details for the wetlands crossing.
7. Please provide geographic control points (e.g., latitude / longitude) for the mine permit boundary, so
that the permit boundary shown on the map can be verified in the field.
8. Please provide maintenance and construction details for the diversion berm and perimeter berm. This
should include vegetive stabilization.
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 1130 7632
Mr. Brown
Page 2
9. Please provide additional details on skimmer basin emergency spillway liner installation. Proper
installation will be critical to ensure it functions as needed.
10. Please provide additional details on diversion berms to ensure that sheet flow to sediment basins is
minimized and inflow occurs upstream of the first baffle.
11. You've indicated in your application(C.10) that future tree plan planting will provide screening from
public view. Please clearly identify and label on the mine map the location of the future plantings.
12. You've shown mine haul roads within the 50' undisturbed wetland buffer. Please clarify the use of
these roads and explain how impacts to wetlands will be mitigated if there is a haul road within 50'.
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 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(919) 707-9220 if you have any questions.
Sincerely,
Adam Parr, PE
State Mining Engineer
cc: Mr. Bill Denton,PE