20240220_ADI_43-45

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
February 20, 2024
Certified Mail
Return Receipt Requested
7022 0410 0003 1066 6587
Linwood Brinkley
85 Brinkley Hill Ln
Cameron,NC 28326
RE: Brinkley Mine
Harnett County
Cape Fear River Basin
Dear Linwood Brinkley:
We have reviewed the application you 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. The provided certified mail receipts did not have any addresses included on the mailings. 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. The Chief administrative officer for county or municipality in which the permitted area is located was
left blank on page 18 of the mine permit application. Please complete the affidavit of notification to
include the chief administrative officer. Proof of notice to the chief administrative officer must also be
provided.
3. N.C.G.S. §74-49 defines "affected land" as the surface are of land that is mined, the surface area of
land associated with a mining activity so that soil is exposed to accelerated erosion,the surface area of
land on which overburden and waste is deposited, and the surface area of land used for processing or
treatment plant, stockpiles, nonpublic roads, and settling ponds. Please clearly indicate and label on
the mine map that the haul road to the nearest public road is included in the Mine permit boundary.
4. The haul road appears to cross the property line onto the parcel owned by Jimmy Autry. Please provide
proof of easement or right-of-way, for the use of the haul road on their property. Please provide a land
entry agreement for the permitted area on that property.
5. Please clarify the area to be covered by the permit. Page 2 of the applications states there will be 10
acres in the permit area, however the affected area table on page 4 shows 8 acres to be covered by the
permit.
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 1066 6587
Mr. Brinkley
Page 2
6. The affected area table on page 4 has not been filled out correctly. Please clarify your total affected
and permitted area to be covered by this permit. The acreage on page 14 does not match the area
provided on page 4.
7. Please clarify the proposed life of the operation. Page 3 of the mine permit application lists 10 years
and page 14 lists 5 years.
8. Please clarify the proposed disposal of LCID material. Please clearly identify the location of the LCID
landfill on the mine map and provide proof that you have applied for your LCID permit with the
Division of Waste Management.
9. Your reclamation plan states that a portion of the excavated area will be used to backfill with offsite
material. Please provide a reclamation map showing final grades of the excavated area and the location
of any ponds. Please be advised that utilizing"beneficial fill"is limited to the activities detailed in 15A
NCAC 13B .0562. The material must meet the definition of inert debris §130A-290 (14)
10. Your reclamation plan includes ponds to remain, however you've stated that you will not be mining
below the water table. Please clarify how you intend to maintain ponds of at least 4 feet in depth below
the waterline without the supply of ground water.
11. Please complete page 13 of the mine permit application for your revegetation plan. The plan should
include lime rate, fertilizer, as well as mulching and other vegetative cover. Seeding schedule should
be provided for year-round application. Please utilize the references listed in 7a—7h on page 13.
12. Please clearly identify and label on the mine map the location of the mine permit boundary.
13. Please clearly identify and label on the mine map the location of the power line easement
14. Please ensure that all map requirements listed in item 3 on page 5 of the mine permit application are
shown on the mine map. The mine map should also include a map legend as detailed in item q.
15. Please clearly identify and label on the mine map the location of the gate to prevent inadvertent access.
Please provide construction details for the gate.
16. Streams that appear on the small view with the contours need to be shown on the mine map.
17. Please clearly identify and label on the mine map the location of the stockpile area.
18. Please clearly identify and label on the mine map the location of the vegetative strip and sand berm to
be used as buffer and barricade.
19. Cross sectional details on the mine map were not legible. Please provide cross sectional details at a
larger scale that can be easily read.
20. Erosion and Sediment Control (E&SC) details are not legible. Please provide ESC details at a larger
scale that can be easily read.
21. Please show all Erosion and Sediment Control(E&SC)measures on the mine map including diversion
ditches to direct surface flow to basins.
22. Please provide construction drawings and maintenance requirements for all E&SC measures including
but not limited to silt fence, construction entrance, stilling basins, energy dissipators, etc.
23. Please clearly identify and label on the mine map the location of the open bottom sand filter.

Certified Mail
7022 0410 0003 1066 6587
Mr. Brinkley
Page 3
24. Please clarify if the proposed storm water detention pond is included within the mine permit boundary.
Please provide construction and maintenance details for the drainage pipe.
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. Tim LaBounty,PE