HomeMy WebLinkAbout20240528_ADI_43-45 �diHESTAT-Q,
ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
May 28, 2024
Certified Mail
Return Receipt Requested
7022 0410 0003 1066 7065
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. Many of the items from the additional
information request dated February 20,2024,were not answered,or were responded to,but need additional clarity.
It is recommended that you contact this office to schedule an application review to discuss the requirements in a
mine permit application.
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. We have received the affidavit of notification to include the chief administrative officer,however you
still need to provide proof of notice to the chief administrative officer.
3. Please clarify if the haul road to the south of the operation will be utilized for any mining purposes. If
so, it must be included in the mine permit boundary.
4. Please clarify how the property boundaries were obtained. The mine map was not sealed by a licensed
surveyor or licensed professional engineer. There are concerns that the haul road was not accurately
mapped.
5. The affected area table on page 4 has not been filled out correctly. In a single column, please clarify
your affected acreage for each category,your total affected,and your total permitted area to be covered
by this 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 7065
Mr. Brinkley
Page 2
6. Please clearly identify and label on the mine map the location of the LCID landfill. The area should be
clearly labeled as"LCID".
7. 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, including cross sections of the
excavated area, any backfilled areas, 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)
8. Your resubmitted application indicates that you will be mining below the water table but will not be
dewatering. Please clarify how you intend to mine below the water table without dewatering.
9. Please clearly identify and label on the mine map the location of the mine permit boundary.
10. Please clearly identify and label on the mine map the location of the power line easement
11. 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.
12. 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.
13. Streams that appear on the small view with the contours need to be shown on the mine map.
14. You have labeled the perimeter berm around the excavation area. It is not clear if this area will contain
a berm and vegetative strip,or just a berm. Please provide additional details on the perimeter berm and
vegetative strip. A cross section may be necessary to show the relation of these items to the pit.
15. Cross sectional details on the mine map were not legible. Please provide cross sectional details at a
larger scale that can be easily read.
16. Erosion and Sediment Control (E&SC) details are not legible. Please provide ESC details at a larger
scale that can be easily read.
17. Please show all Erosion and Sediment Control(E&SC)measures on the mine map including diversion
ditches to direct surface flow to basins. Please clarify the flow direction of the "clean" and "dirty"
water in the channels that were labeled on the mine map.
18. 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.
19. Please clarify if the proposed storm water detention pond is included within the mine permit boundary.
All E&SC measures must be included within the mine permit boundary. Please provide construction
and maintenance details for the drainage pipe.
20. The Division of Water Resources has concerns that there are wetlands on the property. Please provide
a wetlands delineation from a licensed professional.
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:
Certified Mail
7022 0410 0003 1066 7065
Mr. Brinkley
Page 3
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