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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