ALAMANCE AGGREGATES NOV01092019 FINAL

ROYCOOPER
Governor
MICHAELS. REGAN
Secretary
S. DANIEL SMITH
Interim Director
CERTIFIED MAIL
1 . 11111 IIC' '.
NORTH CAROLINA
Environmental Quality
January 9, 2019
NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT
Mr. Chad M. Threatt
Alamance Aggregates, LLC
P.O. Box 552
Snow Camp, NC 27349
Dear Mr. Threatt:
This is to inform you that you and/or your firm are/is 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 January 9, 2019, personnel of this office inspected a mining operation being undertaken
off Clark Road, in Snow Camp, Alamance 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 observed to be less than one acre 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 -
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612
919,7079200

Notice of Violation
Alamance Aggregates, LLC
January 9, 2019
Page 2
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
use
"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 (NCGS 74-49(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 Department immediately at the Winston-Salem DEQ
Regional Office (336-776-9800) to indicate your intention to comply with the Act. In addition, you
must take the following corrective actions to bring this site into compliance:
1. No mining operations may be conducted until a mining permit is issued for
this site.
A) Immediately cease all land disturbing activity related to the culvert
placement and the construction of the access road into the proposed mine.
B) Immediately install sediment control measures around all disturbed areas
to prevent any sediment loss onto adjoining properties or along Clark Road.
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.
3. Please respond to this Notice in writing with 30 days of receipt. Your response
should be sent to the letterhead address to my attention. Your response should
minimally address the following:
1) A file review confirmed the DEMLR Central Office is in receipt of a mining
permit application for Alamance Quarry, LLC. A public hearing was
conducted on December 5, 2018, and an additional information request
letter has been issued to Alamance Quarry, LLC. The file review also
confirmed no mining permit has been issued for the subject site. Please
explain in writing why the mining site disturbance occurred prior to receipt
of the mining permit.
2) Please detail in writing how the disturbed area will be stabilized with
an accentable non -erosive ground cover.

Notice of Violation
Alamance Aggregates, LLC
January 9, 2019
Page 3
3) Adequate measures must be implemented to ensure the permanent
vegetative cover is established and your stabilization efforts are effective.
Monitoring of installed sediment control measures should continue weekly
until current disturbed areas are stabilized with a permanent, non -erosive
vegetative cover. Please confirm in your written response to this Notice that
weekly monitoring of sediment control measures and provided vegetative
cover is being conducted.
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.
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 Zac Lentz or me regarding any questions you might
have on this matter.
Sincerely,
Matthew E. Gantt, PE
Regional Engineer
CC: Mr. David Miller, PE, State Mining Specialist
Ms. Sherri Knight, PE, WSRO Division of Water Resources Supervisor

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE N UNPERMITTED MINE SITE
1. MINE NAME: Alamance Aggregates 2. MINE LOCATION: Clark Road
3. COUNTY: Alamance 4. RIVER BASIN: Cape Fear 5. CASE:
6. OPERATOR: Alamance Aggregates, LLC
7. ADDRESS: P.O. Box 552 Snow Camp, NC 27349
8. MINING PERMIT 9: N/A 9. PERMIT EXPIRATION DATE: N/A
10. PERSON(S) CONTACTED AT SITE: Chad Threatt, Alamance Aggregates
11. PICTURES? N Yes ❑ No TAKEN BY: Zac Lentz
12. TYPE OF INSPECTION:
® A. Initial Inspection (Unpermitted Mine Sites)
1. Size of affected land: < 1 ac. (attach sketch map)
2. How was this area measured? Approximated Measured by: Zac Lentz
❑ B. Follow-up Inspection
1. Date of last inspection:
13. Any mining since that date? El Yes N No If yes, cite evidence of such mining activity:
14. Was mine operating at time of inspection? ❑ Yes N No If yes, explain:
15. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No N N/A
If no, explain:
16. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No N N/A
If no, explain:
17. Is there any off -site damage? A. ❑ Yes B. N No C. ❑ None observed
If A, describe the type and severity of the damage:
If B or C, is there potential for offsite damage? N Yes ❑ No Explain: No sediment control measures
have been installed below the disturbed areas off of Clark Road
18. Corrective measures needed:
Cease further clearing activity until the Mining Permit for this property has been approved by this Department.
Adequate measures must be implemented to ensure that permanent vegetative cover is established and your
stabilization efforts are effective. Install sediment control measures sufficient to prevent sediment loss from the
land -disturbing activities currently taking place on the property. Monitoring of installed sediment control measures
should continue weekly until current disturbed areas are stabilized with a permanent, non -erosive vegetative cover.
Please confirm in your written response to this Notice that weekly monitoring of sediment control measures and
provided vegetative cover is being conducted.
19. Other recommendations and comments:
Land disturbing activities have taken place on this property without approval of a Mining Permit from this
Department. Please respond to this Notice in writing with 30 days of receipt. Your response should be sent to the
letterhead address to my attention.
20. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed N N/A
21. Follow-up inspection needed? N Yes ❑ No Proposed date 2/9/2019
22. No. of additional pages of Inspection Report 0 23. Copy of Report sent to operator 1/9/2019
INSPECTED BY: Zac Lentz DATE: 1/9/2019
Telephone No: 336-776-9800
Copy to file Copy to operator Copy to Mining Specialist