20220414_TKP_mining without a permit

DocuSign Envelope ID:D6D6E7E4-C9E34584-BCE9-CCD30E023CC9
ati SfA$a
ROY COOPER
Governor
ELIZABETH S.BISER .� �
Secretory
BRIAN WRENN NORTH CAROLINA
Direaor Environmental Quality
April 14, 2022
NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT
CERTIFIED MAIL 7018 3090 0001 2322 5993
RETURN RECEIPT REQUESTED
Henry&Annette Furr
5615 Shoreview Drive
Concord,North Carolina 28025
CERTIFIED MAIL 7018 3090 0001 2322 5986
RETURN RECEIPT REQUESTED RECEIVE[)
TKP Properties LLC
Attention: Chad A VonCannon,Manager APR 1012
203 Vanderbilt Boulevard LAND QUALITY
Locust,North Carolina 28097 MINING PROGRAM
Dear Sir or Madame:
This is to inform you that you and/or your firm arelis violating the Mining Act of 1971 by operating
a mine without a permit as required by North Carolina General Statutes(hereinafter NCGS) 74-46, et seq.,
as amended.
On March 30, 2022, Kenny Llywelyn of the Mooresville Regional office from the Division of
Energy, Mineral and Land Resources conducted an inspection of the mining operation being undertaken
off Henry Furr Drive,Cabarrus County. Personnel of this office have also determined that(you and/or your
firm)are/is the operator of this mine. The area affected at the site by mining-related activities was measured
to be 2.99 acres in size.
Pursuant to G.S.74-50 of the Mining Act of 1971,no operator shall engage in mining without first
obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined
by NCGS 74-49 as:
The breaking of the surface in order to facilitate or accomplish the extraction or removal of minerals,
ores,or other solid matter;
Any activity or process constituting all or part of a process for the extraction or removal of minerals,
ores,soils,and other solid matter from its original location; and/or
The preparation,washing, cleaning, or other treatment of minerals,ores, or other solid matter so
as to make them suitable for commercial, industrial, or construction us.
0,01 D �tt North Carolina Department of Environmental Qtality I Division of Energy.Mineral and Land Resources -
J/ Mooresville Regional Offloe 1 610 East Center Avenue.Butte 30l I Mooresville,North Carolha 28115
704.663.1699

DocuSign Envelope ID:D6D6E7E4-C9E3-4584-BCE9-CCD30E023CC9 '
Notice of Violation
Furr Mine
April 14,2022
Page 2 of 3
"Minerals"means any soils, clay, coal, stone,gravel, sand, phosphate,rock metallic ore, and any
other solid material or substance of commercial value found in natural deposits on or in the earth i
(NCGS 7449(6)).
Because you are in violation of The Mining Act of 1971 you are directed to immediately halt the
above-mentioned mining operation until you have obtained a valid mining permit from this Department.
Please contact this office immediately at(Mooresville Regional Office 610 East Center Avenue, Suite
t
301,Mooresville,NC 28115,704-663-1699)to indicate your intention to comply with the Act. In
addition,you are requested to respond in writing to this notice detailing how you have taken the
following corrective actions to bring this site into compliance:
You are also requested to respond to this Notice in writing within 7 days of receipt. i
Your response should be mail to DEMLR,Mooresville Regional Office, 610 East Center
Avenue,Suite 301,Mooresville,North Carolina,28115 Attention: Zahid S.Khan,Regional
Engineer. Your written response must minimally address Items 1, 2,and 3 listed
below and explain any corrective actions you have taken to bring this site into l
compliance. i
1. Within thirty (30) days of Your receipt of this Notice, complete and file an original and 5 (five) ,
copies of an application form for a new mining permit for this site along with the required
corresponding mine maps and reclamation plan. The appropriate mining permit application
processing fee is also required. The application for a mining permit,The Mining Act of 1971,the
Administrative Rules,and other forms may be downloaded by visiting:
http://portal.ncdenr.org/web/1r/mining,the web page for the Division of Energy,Mineral and Land I
Resources' Mining Program. No mining operations may be conducted until a mining permit is
issued for this site.
2. In the event that your application for a permit is approved, you must post a reclamation bond or
other form of security acceptable to the Department to ensure that the affected area will be
reclaimed when your mining operation has terminated. The bond does not have to be submitted
concurrent with the application for a permit.
I
3. Pending the decision to approve or deny your application for a permit,you must take the following !
corrective actions to restore or repair any damage that has resulted from your unlawful mining
activity:
a. Install silt fence to enclose disturbed areas on site aad prevent sediment from eroding
into the creek.
b. Stabilize all disturbed areas and stockpiles with seed and straw.
1
Or
4. a. As an alternative to filing a mining permit application, you must immediately
initiate reclamation of all affected acreage at this site. Such activities include
temporary erosion and sedimentation control measures, temporary groundcover, and
North Carolina Depart=a of Emrlrfa==W Que tY I MyWon of Energy.M1wW and Land Resources
a Moorew teglonat office 1610 East Center Avenue,Sane 301 I Moore%-ft North Ca 11w MH5

DocuSign Envelope to:D60BE7E4-C9E34584-BCE9-CCD30E023OC9
Notice of Violation
Furr Mine
April 14, 2022
Page 3 of 3
any other temporary activities to stabilize the site until a reclamation plan is submitted
to and approved by the Department.
b. In addition, within 30 days of your receipt of this Notice,you must submit a plan
detailing the intended reclamation of all affected acreage at this site, including a
specific schedule for completion of this work.
Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to
$5,000.00 per day for each day of a continuing violation. A penalty may be assessed for violations
committed prior to your receipt of this notice. A penalty may also be assessed for violations committed
after receipt of this Notice. Should you fail to comply with the terms of this Notice within the prescribed
time frames, additional enforcement action may be taken. Such action may result in the issuance of an
injunction or the imposition of a criminal penalty.
The responsibility for understanding and complying with the requirements of the Act rests upon
the individuals and firms who are subject to its requirements. Your response to this letter will be
considered as a part of any enforcement action recommendations.
The subject site will not be considered in compliance with the Act until you have obtained a valid
mining permit and/or satisfactorily completed the required reclamation work.
Please do not hesitate to contact either Kenny S. Llywelyn or me at 610 East Center Avenue,
Suite 301,Mooresville,North Carolina 28115 or 704-663-1699 regarding any questions you might have
on this matter.
Sincerely,
Ead Ey.
eoweipn�ig. .
42CFABFCa88C459...
Zahid S. Khan, CPM,CPESC,CPSWQ
Regional Engineer
Land Quality Section
Enclosure:March 30, 2022 Inspection Report
cc: David Miller P.E, State Mining Specialirelma,
Mr. Danny Smith, Stormwater Program Supervisor
Mr. Brad Cole, PE, Section Chief for Regional Operations
Mr. William E. Vinson,Jr., PE, CPM, Section Chief of Program Operations
Mooresville Regional Office
KSL
North Carolina Department of Environmental Quality I Dtvislon of Energy,Mineral and Land Resources
Mooresville Reg
tonal Office 1 610 East Center Avenue.Suite 301 1 Mooresville,North Carolina 28115

North Carolina Department of Environment and Natural Resources,
Division of Energy,Mineral, and Land Resources,Land Quality Section
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE ® UNPERMITTED MINE SITE
1.MINE NAME: Henry Furr Mine 2.MINE LOCATION: Henry Furr Drive
3.COUNTY: Cabarrus 4. RIVER BASIN: Yadkin-Peedee River 5. CASE:
6. OPERATOR: Henry&Annette Furr
7.ADDRESS: 5615 Shoreview Drive,Concord,NC 28025
8.MINING PERMIT#: ® NIA 9. PERMIT EXPIRATION DATE: ® N/A
10. PERSON(S) CONTACTED AT SITE:
11.PICTURES? ®Yes ❑ No TAKEN BY: K. Llywelyn
12.TYPE OF INSPECTION:
® A. Initial Inspection(Unpermitted Mine Sites)
1. Size of affected land 2.99 ac. (attach sketch map)
2. How was this area measured?GPS Measured by: K. Llywelyn
❑ B. Routine Inspection(Permitted Mine Sites)
❑ C. Follow-up Inspection
13.Date of last inspection: 03/30/2022
14.Any mining since that date? ® Yes ❑ No If yes,cite evidence of such mining activity: equipment tracks and
fresh exposed material onsite.
15. Was mine operating at time of inspection? ❑ Yes ® No
If yes,explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑Yes ❑ No ® N/A
If no,explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® N/A
If no,explain:
18. Is there any off-site damage? ❑ Yes ❑No ® None observed
If Yes,describe the type and severity of the damage:
If No or None Observed,is there potential for offsite damage? ®Yes ❑ No Explain: There are drainage areas
that direct discharge to the east towards neighboring property.
19. Corrective measures needed and/or taken: Install diversions to basins. Stabilize diversion channels and inactive
slopes. Clean up and stabilize sediment along property line.
20. Other recommendations and comments:
21.Is the Annual Reclamation Report+/- map accurate? ❑ Not Reviewed ® N/A ❑ Yes ❑ No(Explain):
22. Follow-up inspection needed? ® Yes ❑ No Proposed date: 05/30/2022
23. No.of additional pages of Inspection Report 0
24. Copy of Report sent to operator Yes
INSPECTED BY: Kenny S. Llywelyn DATE: 03/30/2022
Telephone No: 704-663-1699
Copy to file Copy to operator Copy to Mining Specialist