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Home My WebLink About01-10 public hearing summary 2019ALAMANCE AGGREGATES LLC NEW MINING PERMIT PUBLIC HEARING SUMMARY PURPOSE OF HEARING To receive public comment related to Alamance Aggregates LLC's request for a mining permit for a crushed stone mining operation located off Clark Road in Alamance County. DATE, TIME, PLACE Wednesday, December 5, 2018 7:00 PM Sylvan Elementary School Alamance County DEPARTMENT OF ENVIRONMENTAL QUALITY Toby Vinson, Section Chief, Division of Energy, Mineral and Land Resources (DEMLR) David Miller, State Mining Engineer, DEMLR Judy Wehner, Assistant State Mining Specialist, DEMLR Christy Simmons, Public Information Officer, Division of Water Resources DWR) / DEMLR Zaynab Nash, Public Records Officer, DWR / DEMLR OPENING I called the hearing to order at 7:12 PM, welcomed everyone in attendance, introduced the staff, explained the purpose of the hearing, outlined the hearing agenda and stated the guidelines to follow for submitting comments at the hearing. I stated that the proceedings would remain open for a period of ten days following the hearing for additional comments. I then explained the action for which the mining permit application is required: "The applicant proposes to mine crushed stone in Alamance County. The applicant has submitted an erosion and sediment control plan for the mine site intended to protect surrounding areas and watercourses. A reclamation plan also has been submitted to the Department for review concerning restoration of this area in a useful land use once mining has terminated." David Miller presented an overview on the mining permit procedures pursuant to the Mining Act of 1971 and explained how it relates to the subject permit application. Page 1 of 8 David Miller's and my actual comments are attached as Public Hearing Format and Land Quality Section Public Hearing Presentation. 226 people signed in for the meeting 41 checked - Wish to speak, 2 declined when called to speak ORAL COMMENTS Speakers Dennis Riddell, Representative - Rep. Riddell spoke about the Clean Water Act and requests requirement of and individual NPDES permit. Written comments provided. See Speaker #1. Pam Allen Campbell: Ms. Campbell concerns include the proximity to the pipeline and power line and potential air quality issues, blasting and health concerns. See Speaker #2. John Campbell: Mr. Campbell is concerned about blasting, traffic, the proximity of the operation to the pipeline, and ground and water quality issues. See Speaker #3. Elizabeth Loziuk: Ms. Loziuk concerns include well water supply, contamination of well water, air pollution, and the proximity to the pipeline. See Speaker #4. Bill Poe: Mr. Poe commented on the history of Snow Camp, proximity to North Carolina Century Farms and inclusion of two lots within the HOA controlled subdivision. See Speaker #5. Donna Poe: Ms. Poe is concerned about ground water supplies and quality. She requested additional geophysical studies. See Speaker #6. Anne Coulson: Ms. Coulson is concerned about her well. She stated b lasting damaged her well twice. She is concerned about her well water quality from blasting. John Maness: Mr. Maness' concerns include the pollution and degradation of the water table and wells and water pollution of the creeks, air pollution and the impacts to historical sites. Amanda Byrd: Ms. Byrd is concerned about indoor air quality and water quality pollution from radon because of blasting operations. In addition, she is concerned well water quality and quantity. See Speaker #9. Jason Dowdle: Mr. Dowdle produced a video about quarry effects such as well concerns, dust concerns, blasting concerns, property values, and truck traffic. He questioned the integrity of the permittee. See Speaker #10. Page 2 of 8 Stephanie Thurman: Ms. Thurman fells the company did not properly notify her. See Speaker #11. Gary Ulich_y: Dr. Ulichy comments included the proximity of the site to the pipeline and transmission line with blasting and dewatering operations. He is concerned about the proximity to structures, creeks, well water and emergency response. See Speaker #12. Bill Hussey: Mr. Hussey is also concerned about the effects of the operation on pipelines and transmission lines regarding blasting and dewatering. He cited pipeline spills and their effects. See Speaker #13. Barry Tomlinson: Mr. Tomlinson is spoke about the quarry's effect on his bee Hives. Dust will contaminate the honey. See Speaker #14. James Davison: Dr. Davison commented on developing ling disease from silica dust, especially in children. See Speaker #15. Amanda Dixson: Rev. Dixson, whose son has as asthma, is concerned about dust affecting the children. She is also worried about her water well and flooding. See Speaker #16. Karen Sheaffer Brown: Ms. Brown worries about air quality and well water quantity and quality. See Speaker #17. Floyd Wolfe: Mr. Wolfe is concerned about the effect of silica dust on his winery, wildlife, and fisheries. He is also concerned about his well water quantity and the effect of blasting on his foundation. He has fears that an asphalt plant will be next. He also is worried about blasting and PTSD. Gene Weldon: Mr. Weldon who is the Snow Camp Fire Chief, discussed the additional rescue training needed for the quarry industry such as confined space training, trench rescue, high angle rescue, etc. and the additional specialized equipment needed. He discussed the surface water supply used for fire suppression. See Speaker #19. Caroline Newlin: Effect on the water table is her primary concern and the effect of the operation on local water wells. She also cited the lack of economic development with this quarry. See Speaker #20. Laura Johnson: Ms. Johnson is concerned about the creeks on the property with relation to FEMA and the Clean Water Act. She feels local permits are needed. She feels buffers and setbacks don't work. She doesn't trust the permittee. See Speaker #21. Larry George: Mr. George is concerned about water contamination and the clean-up of polluted land by industry. See Speaker # 22. Page 3 of 8 Alexander Long: Mr. Long's concerns include his well water quality, effect of quarrying on his foundation, etc. See Speaker #23. Ron Spinoven: Mr. Spinoven is concerned about ground water issues, fuel pipeline explosions, riparian buffers, health issues and historic stone dams, blasting and air quality. See Speaker #24. B J Privett: Dr. Privett is worried about silica dust and cited quarrying materials with reference to air quality issues. See Speaker #25. Thomas Hicks: Mr. Hicks spoke to the character of Alamance Aggregates and cited history of the members of the LLC. See Speaker #26. Shivon Eck: Ms. Eck's reasons to oppose the quarry include proximity to the pipeline, air and ground water pollution, flooding, ground water quantity, Old mill building, blasting, etc. See Speaker #27. Alison Ortman: Ms. Ortman did not receive notification. Her concerns include pipeline proximity, air quality, water quality, HOA covenants, flooding, and water pollution. See Speaker #28. Anne Albright: Ms. Albright is concerned about the creek, water well levels, blasting, geology, drought and flooding. See Speaker #29. Jenefer Duane Spinhoven: Ms. Spinhoven wants to develop a retirement community but is concerned about blasting, dust, ground water and pipeline proximity. See Speaker #30. Jane Lea Hicks: Ms. Hicks' comments referred to blasting near pipelines. She cited pipeline explosions in Texas. See Speaker #31. Geoffrey Morrison: Mr. Morrison spoke about ground water quality and quantity. /he questioned the applicant's business credentials. See Speaker #32. Kevin Farrell: Mr. Farrell is concerned about the proximity of the site to the school medical clinic and the athletic field with regard to well water and dust. He read the Department's mission statement. He provided written comments. See Speaker #33. Hart Farrell: Mr. is concerned about drinking water and harmful chemicals. See Speaker #34. Emily Sutton: Ms. Sutton, the Haw River Keeper, discussed the limnology of the Haw River and is concerned about the quarry's effect on the Haw River. See Speaker #35. Danielle Fain: Ms. Fain provided comments concerning water, her creek, the pipeline and her health. See Speaker #36. Page 4 of 8 Linda Lee: Ms. Lee asked if another mine was needed and who is this company. She is concerned about air and water quality, wildlife, noise, the pipeline, and blasting effect on local structures. See Speaker # 37. Doug Kirk: Mr. Kirk spoke about silica dust and the OSHA regulations. He cited that no EIS; ground water study or geologic study have been completed. He fears the effect the operation will have on the community. Sarah Stevens: Ms. Stevens primary concerns were the effect of the operation on the ecosystem of the Haw and Cape Fear Rivers. See Speaker #39. WRITTEN COMMENTS As a part of the official record of this public hearing, the following written comments are attached: Received at Hearing: 1. Red Binder with speaker comments 2. Letter from Kathy Love 3. Letter from John Williams 4. Letter from Wanda Williams 5. Letter from Tori Collins 6. Letter from Jeffery and Tanya Harrison 7. Letter from Mary Longhill 8. Comments from Ronald Moseley, PhD 9. Letter from Ron and Susan Wofford 10. Letter from Robert Eck 11. Letter from Rita Williams, Eugene Williams and Tabitha Williams 12. Letter from George Noblit 13. Comments from Susan Abernethy and Dennis Rasmussen 14. Letter from David Hundley 15. Letter from Tina Sutton Hundley 16. Letter from Ann Jackson and Steven Schrenzel 17. Comments from Kathy McGhinnis Received December 11, 2018 18. Letter from Susan Gross dated December 3, 2018 19. Email from Geoffrey Gisler dated December 11, 2018 20. Letter from Helen Shaw Gross dated December 10, 2018 Received December 12, 2018 21. Letter from Barbara Mann dated December 7, 2018 22. Comments from Richard Hernandez Page 5 of 8 23. Letter from Ricky Marley and Leslie Marley dated December 7, 2018 Received December 13, 2018 24. Letter from Carol Westlake dated December 3, 2018 25. Letter from Jeffrey and Tanya Harrison dated December 5, 2018 26. Comments from Susan Gross dated December 5, 2018 27. Letter from Dr. Timothy M. Mulroney dated November 24, 2018 28. Letter from Ann S. Link dated December 10, 2018 29. Letter from Morgan Siem dated December 7, 2018 30. Letter from Meredith Leight dated December 7, 2018 31. Letter from Steve Danford dated December 6, 2018 32. Letter from Pattie L. Porter dated December 6, 2018 33. Email from Representative Riddell dated December 13, 2018 Received December 14, 2018 34. Letter from Jane Willoughby dated December 2018 35. Letter from Robert J. Karreman, VIVID 36. Comments from David Willoughby dated December 11, 2018 37. Card from the Withrow Family 38. Letter from John Campbell dated December 8, 2018 39. Letter from Suzanne Nelson Karreman dated December 11, 2018 40. Letter from Marilynn Fogleman dated December 11, 2918 41. Letter from A. L. Meyland dated December 11, 2018 42. Comments from Cheryl Oconis 43. Comments from Susan J Meyland dated December 111, 2018 44. Letter from Aaron DuBray dated December 9, 2018 45. Letter from Donna Poe dated December 13, 2018 46. Comments from Jennifer Welsh dated December 13, 2018 47. Petition from the No Snow Camp Mine Steering Committee 48. Comments from Bill Poe dated December 13, 2018 Received December 15, 2018 49 Email from Judith B. Shaver dated December 15, 2018 50. Email from Jason Dowdle dated December 14, 2018 51. Email from Wendy Dunn 52. Email from Anthony Scandurra 53. Email from Anne Albright dated December 15, 2018 54. Email from Linda King 55. Email from Lyndee Lohr 56. Email from Stephen and Annie Jackson 57. Email from Kirk and Dixie Adams Page 6 of 8 Received December 16, 2018 58. Email from Susan Abernathy 59. Email from Jason Dowdle 60. Email from Shannon Woolfe 61. Email from Deborah P. Sanders dated December 5, 2016 Received December 17, 2018 62. Letter from W Bruce Benson dated December 17, 2018 63. Letter from Jay Smith dated December 14, 2018 64. Letter from Jason Dawdle dated December 14, 2018 65. Letter from Jane Lea Hicks dated December 14, 2018 66. Letter from Jimmy Benton dated December 9, 2018 67. Letter from Kathy McGhinnis dated December 5, 2018 68. Letter from Patricia Bailey Allard dated December 6, 2018 69. Letter from James M Dawson, PhD dated December 12, 2018 70. Letter from Carol Westlake dated December 6, 2018 71. Email from Karin Tates 72. Email from Melissa Drodowski 73. Email from James M. Davison, PhD 74. Email from Mike Dunning 75. Email from Jill Edwards 76. Email from Zachary C. Swan 77. Email from Kathryn Fiscelli 78. Email from David Snyder 79. Email from Jennifer Snyder 80. Email from Tina Sutton Hundley 81. Email from Ronald Saunders 82. Email from Barry Tominson 82. Email from April Williams 83. Email from Shivon Eck 84. Email from Bruce and Gail Pederson 85. Email from Stephanie Thurman 86. Email from Norman Jackson Jr. 87. Email from Nancy Steelman 88. Email from Megan Stanfield 89. Email from Mark Piazza from Colonial Pipeline Company CLOSING COMMENTS Page 7 of 8 I thanked everyone for attending and for their comments and presentations. I stated that the Department would review the items presented at the hearing as they relate to G.S. 74-51 of the Mining Act of 1971. 1 reiterated that the proceedings will remain open for a period of ten days following the hearing which is December 17, 2018 for filing of any addition comments or statements. The hearing adjourned at 9:47 PM. Respectfully submitted by: Kenneth B. Taylor, PhD Hearing Officer Attachments: Public Hearing Notice Public Hearing Format LQS Presentation Written Comments Sign In Sheets Page 8 of 8 P 61112014 LAND QUALITY SECTION PUBLIC HEARING PRESENTATION Thank you Dr. Taylor. As Dr. Taylor stated, my name is David Miller. My title is State Mining Engineer with the Department of Environmental Quality, Division of Energy, Mineral and Land Resources--- which I will refer to as DEMLR. I like to take this time to thank Principal Mark Gould for the use of this school. I would like to thank Alamance County for helping to facilitate this information gathering public hearing. My job, and that of the other member of the staff, is to review all applications for a mining permit as they relate to The Mining Act of 1971. There are copies of the Act (hold up) placed at the sign in area. I would like to take a moment and briefly review a few specific areas of the Act. If you would refer to G.S. 7447, Findings, on the first page of the Mining Act handout (white handout): "The General Assembly finds that the extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of North Carolina and the Nation. Furthermore, it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste materials, and the very character of certain surface mining operations precludes complete restoration of the land to its original condition. However, it is possible to conduct mining in such a way as to minimize its effects on the surrounding environment. Furthermore, proper reclamation of mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, beauty, and property rights of the citizens of the State. The General Assembly finds that the conduct of mining and reclamation of mined lands as provided by this Article will allow the mining of valuable minerals and will provide for the protection of the State's environment and for the subsequent beneficial use of the mined and reclaimed land." The most important information that I can present to you tonight is found under subsection (d) beginning at the bottom of page 6 of the Act. It states: Page 1 of 5 O "The Department may deny the permit [or modification to the existing permit] upon finding [only one of the seven criteria listed on pages 7 and 8 of the Act]: 1. That any requirement of this Article or any rule promulgated hereunder will be violated by the proposed operation; This means that the very nature of the activity proposed in the application will immediately violate any of the basic requirements of the Act and corresponding Administrative Rules. 2. That the operation will have unduly adverse effects on potable groundwater supplies, wildlife, or fresh water, estuarine, or marine fisheries; The application was routed to US Fish & Wildlife Service and NC Wildlife Resources Commission on October 1, 2018 for their review and comment. NC Wildlife Resources Commission's comments were received by DEMLR on October 19, 2018 and noted the following recommendations: recommend 100 foot buffer along wetlands, recommend use of bottomless culverts, use of best management stormwater practices, avoid tree clearing during bat roosting season, recommend use of native species for revegetation, use of effective and biodegradable sediment and erosion control devices and encourage use of wetland reclamation of shallow basins. US Fish & Wildlife Service did not comment on the application. In addition, DWR Ground Water Management Branch reviewed the application and Ground Water Monitoring Plan and submitted comments on October 15, and November 15, 2018 regarding impacts to ground water supplies. Their comments included the following: requiring a minimum two month water level baseline collection period prior to excavation, monitoring wells must be at a depth greater than the maximum pit level and immediate replacement of any affected neighboring wells. 3. That the operation will violate standards of air quality, surface water quality, or ground water quality that have been promulgated by the Department: Page 2 of 5 The application was routed to the Division of Air Quality and the Division of Water Resources Surface Water Protection Section for review and comment. Comments were received from Division of Water Resources on October 8, 2018 and noted the following: 4011404 and buffer approvals ae required. Division of Air Quality comments were received October 5, 2018 and included the following: no air permit required and no permit exists on file for Alamance Aggregates LLC. 4. That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to the use of a public road; The application will be reviewed for detailed information regarding active and final slopes at the site. Information on the blasting practices and procedures that will be reviewed in the area covered by the application. Mining permits contain specific blasting conditions for any sites where blasting is to occur. 5. That the operation will have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area; The activity proposed in the application is not located near a publicly owned park, forest or recreation area. 6. That the previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; A detailed erosion and sedimentation control plan was submitted with the application and will be thoroughly evaluated by both the Division of Energy, Mineral and Land Resources' Winston-Salem Regional Office staff and the Raleigh Central Office staff. OR Page 3 of 5 7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that resulted in: a. Revocation of a permit, b. Forfeiture of part or all of a bond or other security, C. Conviction of a misdemeanor under G.S. 74-64, d. Any other court order issued under G.S. 74-64, or e. Final assessment of a civil penalty under G.S. 74-64. This pertains to the applicant's prior operating record with the Mining Program and the Department of Environmental Quality as a whole. The Act goes on to clearly state that: "In the absence of any findings set out in subsection (d) of this section, or if adverse effects are mitigated by the applicant as determined necessary by the Department, a permit shall be granted." Please be advised that offsite truck traffic on public roads, noise, and potentially negative impacts on property values are not within the jurisdiction of The Mining Act of 1971. These items are more properly addressed through local zoning ordinances. I also would like to draw your attention to G.S. 74-65, Effect of local zoning regulations, on page 13 of the Act. The Act basically states that the issuance of a state mining permit, and any transfer, renewal or modification to it, does not supersede any duly adopted local zoning ordinance. Furthermore, it is the responsibility of the local authority, not the Department, to enforce any such ordinance that may be in effect covering the project area. The decision on the issuance of a mining permit will not be made tonight. The authority to issue or deny a permit lies with the Interim Director of the Division of Energy, Mineral and Land Resources, Mr. Danny Smith. Page 4 of 5 91 Any permit issued shall be expressly conditioned upon compliance with all requirements of the approved reclamation plan for the operation and with such further reasonable and appropriate requirements and safeguards as may be deemed necessary by the Department to assure that the operation will comply fully with the requirements and objectives of the Mining Act. If the Department denies this application for a permit, it shall notify the operator in writing, stating the reasons for its denial and any modifications in the application, which would make it acceptable. The operator may thereupon modify his application or file an appeal to the Office of Administrative Hearings. In the event that the application for a mining permit is approved, any aggrieved parties will be notified by the Department of the permit issuance and its rights to file an appeal contesting the Department's issuance of the permit. The hearing record will remain open for a period of up to 10 days from tonight or the 17th of December. This gives those individuals that were unable to attend an opportunity to comment. You may also think of something else that you would like to add to your comments made here tonight. This provides you that opportunity. Now that a public hearing has been held on this application, the Department has a 30-day review clock. The 30-day period starts after this hearing tonight. Should the Department request additional information from the applicant, the 30 day clock would start over upon the Department's receipt of all of the requested information. Such a process would continue until all of the Department's questions have been answered and a decision is made on the application. If there are no questions, I would like to turn the program back over to Dr. Taylor. Page 5 of 5 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PUBLIC NOTICE Notice is hereby given of a public hearing to be held by the North Carolina Department of Environmental Quality concerning Alamance Aggregates LLC's application for a mining permit for a crushed stone mining operation located off Clark Road in Alamance County. AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 513, Section .0011 PLACE, TIME, DATE: Sylvan Elementary School 7718 Sylvan Road Snow Camp, North Carolina 27349 7:00 P.M. December 5, 2018 PURPOSE: To receive comment related to the application for a mining permit for a crushed stone mining operation located off Clark Road in Alamance County. Comments shall be limited to those that relate directly to the seven (7) denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its decision to grant or deny a new mining permit application or a modification to an existing mining permit. These criteria are as follows: The Department may deny such permit upon finding: 1. That any requirement of this Article or any rule promulgated hereunder will be violated by the proposed operation; 2. That the operation will have unduly adverse effects on potable ground water supplies, wildlife, or fresh water, estuarine, or marine fisheries; 3. That the operation will violate standards of air quality, surface water quality, or ground water quality which have been promulgated by the Department; 4. That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road; 5. That the operation will have a significantly adverse effect on the purposes of a publicly -owned park, forest or recreation area; Public Notice Page 2 6. That previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; or 7. -Tt the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that result in: a. Revocation of his permit, b. Forfeiture of part or all of his bond or other security, c. Conviction of a misdemeanor under G.S. 74-64, or d. Any other court order issued under G.S. 74-64, or e. Final assessment of a civil penalty under G.S. 74-64. In the absence of any findings set out above, or if adverse effects are mitigated by the applicant as determined necessary by the Department, a permit shall be granted. COMMENT PROCEDURE: All persons interested in this matter are invited to attend. The hearing will be conducted in the following manner: 1. Explanation of the action for which the permit is required by the hearing officer. 2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by the Division of Energy, Mineral, and Land Resources. Public Notice Page 3 3. Public Comment - Comments, statements, data, and other information may be submitted in writing prior to or during the hearing or may be presented orally at the hearing. Persons desiring to speak will indicate their intent at the time of registration at the hearing. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the hearing officer. Oral presentations must not exceed the time limit established by the hearing officer. Any oral presentation that exceeds three (3) minutes must be accompanied by three (3) written copies, which will be filed with the hearing officer at the beginning of the oral presentation. 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. (Optional) The applicant may make a short presentation at the end of the hearing and may be available for individual/group discussion after the hearing is adjourned. 6. The proceedings will remain open for a period of ten (10) days following the hearing for additional written arguments or statements. INFORMATION: A copy of the mining permit application and corresponding maps are on file with the Winston Salem Regional and Raleigh Central Office, Land Quality Section, for the public's information and review prior to the date of the public hearing. Additional information concerning this hearing may be obtained by writing or calling: Judy Wehner Assistant State Mining Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Telephone: (919) 707-9220 PUBLIC HEARING FORMAT I. Call to Order: It is now 7:12 PM. Good evening and welcome. My name is Dr. Kenneth B. Taylor and I am the hearing officer for this public hearing. My responsibility is to provide a record of this hearing and written comments for the Interim Director of the Division of Energy, Mineral, and Land Resources. I would like to emphasize that absolutely no decisions will be made this evening on this permit application. Please sign in at the back on the sign in sheets and indicate whether or not you wish to speak, if you have not already done so. Please take a copy of the Mining Act of 1971 for reference during the hearing. Introduce Department of Environmental Quality (NC DEQ) staff: David Miller, State Mining Engineer Judy Wehner, Assistant State Mining Specialist Matt Gantt, Regional Engineer, Winston Salem Raleigh Regional Office Brandon Wise, Environmental Specialist, Winston Salem Regional Office Seth Titley, Environmental Specialist, Winston-Salem Regional Office Toby Vinson, Section Chief, Division of Energy, Mineral and Land Resources (DEMLR) II. State the Purpose for Hearing: The purpose of this hearing is to receive public comment related to the mining permit application for the operation of a crushed stone quarry located off Clark Road near the town of Snow Camp in Alamance County. The hearing will be conducted in the following manner: 1. Explanation of the action for which the permit is required by the hearing officer. 2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by the DEMLR staff. 3. Public Comment - Comments, statements, data, and other information may be submitted in writing prior to or during the hearing or may be presented orally at the hearing. Persons desiring to speak will indicate their intent at the time of registration at the hearing. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the hearing officer. Oral presentations which could exceed three (3) minutes should be accompanied by three (3) written copies which will be filed with the hearing officer at the time of registration. 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. The applicant does not wish to speak. 5. (Optional) The applicant may make a short presentation at the end of the hearing and may be available for individual/group discussion after the hearing is adjourned. 6. The proceedings will remain open for a period of ten (10) days following the hearing for additional written arguments or statements. III. Explanation of the Action for which a Mining Permit is Required: The applicant proposes to operate a crushed stone quarry located off Clark Road in Alamance County. The applicant has submitted an erosion and sedimentation control plan for the mine site intended to protect surrounding areas and watercourses. A reclamation plan has also been submitted to the Department for review concerning restoration of this area to a useful land use once mining has terminated. A copy of this information may be viewed here at the front of this hearing room after the hearing has adjourned. Copies of the application materials may also be viewed upon request after tonight at the DEMLR's Winston Salem Regional Office and the Raleigh Central Office. III. LQS Presentation: Now I would like to defer to David Miller, State Mining Engineer with DEMLR, for a brief explanation of the mining permit procedures as set forth in the Mining Act of 1971. IV. Comment Procedure: Comments should be limited to those that relate directly to the seven (7) denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its decision to grant or deny a mining permit application. These criteria are the ones that were explained in detail to you a few minutes ago by the Mining Program staff. Again, if you have not already signed the attendance sheet in the back, please do so now. This will provide us with an accurate attendance record and will let us know who wishes to speak at the hearing tonight. We do not want to miss anyone. Considering the number of people who have indicated their desire to present comments on this application, I will limit oral comments to 3 minutes per person in order to give everyone desiring to speak adequate time. The first commenter will be State Representative Dennis Riddell. I will then proceed row by row down the attendance sheets calling on those who have indicated that they wish to speak. Please step forward to the podium when I call your name. If you have written comments it would be extremely helpful if you would provide them to us before you start your presentation. (Call on each person who wishes to speak and take notes on their comments, concerns, etc.) LQS staff will address questions concerning the Act. - After all of the individuals that have indicated that they wish to speak have finished their presentations, ask if anyone else wishes to speak. Ask them to approach the podium. Is there anyone else? At this time, the applicant can make some brief comments. As I indicated earlier, the applicant does not wish to speak at this time. - We would like to thank everyone for attending this public hearing tonight and for the important comments and questions raised. The Department will review the items presented tonight as they relate to G.S. 74-51 of the Mining Act of 1971. The proceedings of this public hearing will remain open for a period of 10 days from tonight or until December 17, 2018 for the filing of additional written comments to be included in the official hearing summary I will prepare for the Interim Director of the Division of Energy, Mineral and Land Resources. Please send any written comments to me at the following address: Dr. Kenneth B. Taylor Section Chief, NC Geological Survey 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Please note that even though the public hearing summary will close on December 17, 2018, the Department will continue to accept written public comments on this application throughout the application review process until a decision is made. Are there any questions? If not, it is now 9:47 PM and this public hearing is now adjourned. ATTENDANCE REGISTRATION SHEET NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES PUBLIC HEARING FOR * MINE PLEASE PRINT ... CHECK IF YOU WISH TO RECEIVE A COPY OF NAME MAILING ADDRESS 1 2aa f Spy ish Oak Ffi l AEARING SUMMARY ✓ 4AI'lton92Z�� Mb r an Sl txn i.0 Z�2 do Lr 'ar 3� ✓ ✓�G� nn I,be ti� , ZE 2z 0 63y3 C� � ATTENDANCE REGISTRATION SHEET . NC DEPARTMENTAL QUALITY PUBLIC HEARING FOR ALAMANCE QUARRY ALAMANCE AGGREGATES LLC December 5, 2018 ... PLEASE PRINT ... 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