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HomeMy WebLinkAboutAlamance Aggregates Written Comments Submitted After 12-05-18 me . . _ _ � . y . . . - _ 14 - :. v - - e - - - - .a. ass .� _` �� - `• 4 .. ... v- r J. - NL •. i --. - p , . .. : � ••k _ • :. .mot S - Iti .t- '` - • _ }erf ' • y / , i • - La ' .• \aY• 1I '. - w ..�X nL. AY V.' s - J -. ee tore I9LIL et, iti tele ILA, I id . . fx . . _ - _ - - .v . is _ :e.. - . e , =rxr n . rr tee . I eee It r __ _ • - j eiee _ _ - C ., .- f y ,aiyay�y _ �`-a r - r -= aC--+'-S• _ M . � r . . - d. •,r a w .at _ 1 eme it, el I emir 4 r - _ c. . - 1 - y _ tee _ .� _ _ _ �t • + et 3 .I .: - 6 of 6 r f - .-a•,vM-"a-.:_�. -._.�..e./i'.v..�.. a'3'_. 4"YY'•.'.a.aliiw• - . .._ �j► -Q —f Ile, I- fe s �o� CAM It p , << ev% �4 /Tyl� - per lit wl .,QoAk III meiii�F INS.] CD 9 It cn All 'S me � �{1Mt1lV1Lt Iit till ' llli ' ' l11111s1i ' 1 ' iilFsl � llilsi � � , l � i � { 4i see e�y Y • ,��( _. v Y - _ _ . . . .e• rn s ! ., ... ..:fL - - , l ._ +. . ._-. w.� ' • . ' T . l :a . . . . t i- / , . . a. .. _ ' iteit l4 "Ilk It le eV el : ifs. . . � a .. ,. A � 19 l ` . l !' Jt- _ �[ ._ o - � . Ie .. :. / . ': : . . ..+M^jV.vAa"•r '+"pJ'!s% : - ... .. .r. , il _ . -. -._ .+-..d t . . . \ ? - • 1 r ler �. ' IL erte- ,.f - : - n te `-• _-'�: . 1. :,'aywi •g. ,n- , an ,�.••. '}' . . a. Y W^p.r >. /.: , it 4 te, 7 k viiiiix It Id ,p + • r , e :. _ e. _ Ir - - - . - el - .. - - d . . _ '_ - : . �- - - i is i. t to 51'ATny'n„ LC u r ROY COOPER Governor AR NORTH COLINA MICHAEL S.REGAN Environmental Quality SecretaryDecember 21, 2018 S..DA DANIEL SMITH Interim Director Certified Mail Return Receipt Requested 7015 0640 0007 9831 4689 Mr. Chad M. Threatt Alamance Aggregates LLC PO Box 552 Snow Camp, North Carolina 27349 RE: Proposed Alamance Quarry and Construction Materials Quarry Alamance County Cape Fear River Basin Dear Mr. Threatt: We have reviewed the application Alamance Aggregates LLC submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Provide proof such as copies of the signed return receipts from certified mail that the County Manager, Progress Energy, Colonial Pipeline Company, Robert L Rumley and Ralph W Bland have been properly notified of the proposed mine. In addition, provide in your response information that clearly demonstrates that Colonial Pipeline Company and Duke Power have no issues with the proposed disturbance within their rights-of-ways. 2. Provide the estimated life of the mine in years. 3. Provide a detailed hygrogeologic study for the proposed operation. A report was referred to in the Monitoring Plan but was never submitted. Provide a copy of the information provided to Robert Christian Reinhardt, PG for the Groundwater Monitoring Plan. Provide a well survey for all wells within 1500 feet of the proposed permit boundary that details the well depth, well capacity, well recovery and well pump type. In addition, see the enclosed comments from the Ground Water Management Branch and include or respond to the recommendations. AM1%1hIfMfJ 114\D�Y ow.mm..rmuommm wuy, North Carolina Department or Environmental Quality I Division of Energy.Mineral and Land Resources 512 North Salisbury Street 11612 Mall Service Center I Raleigh,North Carolina 27 6 9 9-1 612 919.707.9200 Certified Mail Mr. Threatt Page Two 4. Provide a thorough geologic investigation of the site that outlines any fractures, dykes, rock type, and radon presence etc. 5. Provide proof that a NPDES General or Individual Permit has been obtained. 6. Provide proof that your company has obtained the Air Quality Permit as stated in the application. Provide additional information to this office that clearly addresses the amount of free silica dust and radon that will be released as result of the proposed operation. 7. Provide proof that there is a valid approved wetland delineation for this site. Include proof that your company has obtained the necessary 401/404 approvals/certifications needed. 8. Provide overburden calculations and show that the overburden removed from the proposed Mining Area balances with the overburden storage area, berm construction and processing/stockpile area. Provide pre and post construction cross sections of the processing, stockpile and overburden areas. Include construction sequences and staged seeding. 9. Revise the blasting vibration study to include any effects blasting may have on the pipelines and power lines. Test blasting is an option prior to production blasting. See the attached comments provided by Colonial Pipeline Company and address the concerns in writing as a part of this response. 10. See the enclosed comments from the NC Wildlife Resources Commission and respond to the concerns outline in the memorandum. Please note that the Revegetation Plan submitted with the application is not adequate. Please include a revised Revegetation Plan as a part of this response. 11. See the enclosed comments from the Winston Salem Regional Office regarding the erosion and sediment control plan submitted with the application. Address all if these issues. 12. Provide cross sections of the final reclamation of the site. Include the final highwall barrier/fencing location and provide a final highwall barrier fence detail. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. Certified Mail Mr. Threatt Page Three 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 As required by 15A NCAC 513.0013, 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. Icerel4y Judith A. Wehner Assistant State Mining Specialist Enclosures cc: Mr. Matt Gantt, PE ROY COOPER NORTH CAROUNA Govemor Environmental Quality MICHAEL S.REGAN Secretary LINDA CULPEPPER '�q /ntertm Director t v November 15, 2018 MEMORANDUM Nn� 1 .5 2018 TO: Ms. Judy Wehner Land Quality Sectio FROM: Michael Baue t ) Ground Water Management Branch Division of Water Resources SUBJECT: Revised Comments on the Mining Permit Application Request for: Alamance Aggregates,LLC. Alamance Quarry&Construction Materials Alamance County Please find attached a copy of the mining permit request for the above referenced project. The Alamance Quarry located in Alamance County does appear to have an unduly adverse effect on ground water supplies since 500,000 gallons per day of dewatering is proposed onsite.The ground water monitoring plan that was attached to the permit application should be followed as written with the following additions. • The monitoring of monthly water levels should begin at least 2 months prior to any dewatering activities at the quarry so a baseline can be established. • If the deepest monitoring wells do not extend to the maximum depth of the pit, deeper wells may need to be installed if the proposed monitoring wells should go dry. • Due to concerns of the surrounding residents,DWR recommends that an adverse impact letter be provided by the mine operation staring how the mine would rectify the situation if they impact their neighbors' wells (see attached sheet for example of language that should be in the letter). Also,the mine will need to register water withdrawals with the Division of Water Resources on an annual basis since the water withdrawals are over 100,000 gallons per day. The registration form may be obtained from the following link: http://www.ncwater.org/Permits_and_RegistrationAVater— Withdrawal_and_Transfer Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143- 215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals.This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers.Water withdrawal registrants must complete the annual water use reporting form by Aoril I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at(919)707-9021 or email him atjohn.barr@ncdenr.gov. Cc: Mr. Chad Threatt Alamance Aggregates,LLC. P.O.Box 552 Snow Camp,NC 27349 D_EQ� North Carolina Department of Environmental Quality I Division nrwater Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 9197079t100 To Whom it may concern: If the proposed mine named adversely impacts any existing wells within the surrounding area due to dewatering activities, then will stop dewatering immediately, notify DWR- Groundwater Management Branch (919-707-9008), and take action to correct loss of water by doing one of the following until the issue has been resolved: 1-lower the pump(s) and/or increase the drop pipe(s) in the existing well(s), or 2-replace the pump(s) with one that can draw from a deeper depth, or 3-replace the well(s) with either a deeper one, or a larger diameter one, whichever is applicable, or 4-pay the initial hook-up fee for county water if the owner desires. Sincerely, Mr./ Mrs. (Title) k ® North Carolina Wildlife Resources Commission Gordon Myers,Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Olivia Munzer, Western Piedmont Coordinator Habitat Conservation Division DATE: 19 October 2018 SUBJECT: New Mining Permit Application for Alamance Aggregates,LLC,Alamance Quarry & Construction Materials,Alamance County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982)(G.S. 74-46 through 74-68 15 NCAC 5). Alamance Aggregates, LLC is requesting a new mining permit for the Alamance Quarry& Construction Materials mine located at 342 Clark Road in Snow Camp,Alamance County,North Carolina. The total permitted acreage is 321.81 with a total of 82.95 acres of disturbed area. Crushed stone will be washed at the processing plant using two settling ponds at the site,but there will be no discharge of this water or chemicals used for this process. Stormwater and groundwater will be retained onsite but will be discharged as necessary. A 50-foot buffer will be maintained along streams and wetlands on the site. The reclamation plan includes allowing the ruining area to be left as a lake,the removal of settling ponds, and grading and re-vegetating according to the seeding schedule provided. Unnamed tributaries to Reedy Branch and unnamed tributaries to Cane Creek flow through the site. Reedy Branch and Cane Creek in the Cape Fear River Basin are classified as is Water Supply V and Nutrient Sensitive Waters by the NC Division of Water Resources(NCDWR). We have records of the federal species of concern and state special concern Carolina darter(Etheostoma collis)within the vicinity of the site;however, we have no records from the site. The lack of records from the site does not imply or confirm the absence of federal or state-listed species. An on-site survey is the only definitive means to determine if the proposed project would impact rare,threatened,or endangered species. Pine Hill Xeric Woodlands and Major Hill Monadnock Forest Natural Heritage Natural Area, and several NC Division of Mitigation Services Easements occur within the vicinity of the site. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)707-0220 • Fax: . (919)707-0028 COMMENTS FOR ALAMANCE AGGREGATES, LLC PLAN RECEIVED BY WSRO ON 9/28/2018 1. For clarity,the scale of the sediment control portion of the mine map must be shown on a 1"=60' scale. 2. The names of all streams, rivers, and lakes must be shown on the mine map. 3. Discharge points for the settling ponds must also be shown. Access for periodic clean-out must also be shown. 4. The initial and ultimate limits of clearing must be shown on the plan. 5. The size and locations of all proposed buildings (maintenance facilities,crushers,explosive storage areas) must be shown on the plan. All proposed stone stockpile areas must also be shown on the mine map. 6. The symbol (similarto the denotation of a rip-rap channel)within the mining limits must be identified on a project legend. 7. Design calculations are needed for the following devices: (1) All sediment skimmer basins (note: information provided on sheet C302 is not sufficient for purposes of this application); (2) settling ponds; (3) proposed permanent ditches [Note: all proposed permanent ditches must also be identified with a specific number for reference]; (4)the proposed pipe beneath the entrance road off Clark Road. 8. Adequate sediment control measures must be provided at the entrance to the project off of Clark Road during the clearing phases. Check dams in the proposed ditch are not considered adequate. 9. Adequate sediment control measures must be shown below the proposed 8'tall earthen berm located to the west of the proposed scale house. Note: sediment fence is not considered an adequate sediment control for this area. 10. Ditch lines shown north of the proposed scale house do not discharge into an acceptable sediment control device. The ditches bypass.sediment skimmer basins#6 and#7, leading to the stream north of the basins noted. 11. Similar to item#10 above, proposed ditch lines are shown bypassing sediment skimmer basins #4 and#5. 12. The diameter and length of the proposed pipe shown under the access road into the mine must be shown on all C300 series of sheets. 13. The septic area and any leachate lines behind the scale house must be shown within the limits of disturbance. 14. On the west side of the mine there is a notation stating that"retain natural area for screening", however, equipment access must be retained for the installation of the perimeter security fencing. Disturbed areas must be noted for the installation of the perimeter security fencing. 15. Grading must be shown for the"proposed shop" noted on sheet C301. 16. Temporary diversion berms must be shown directing runoff from the proposed berm into sediment skimmer basins#8 and#10. 17. Adequate sediment control measures must be shown below the proposed berm on the west side of the mine. Note: Silt fence shown in this area is not an acceptable measure. 18. Grading is shown beneath skimmer sediment basin#13 before the basin is installed. The use of sediment fence below this proposed grading is not acceptable. 30. No adequate sediment control measures have been proposed to protect the lake shown on the east side of the mine. Silt fence shown in this area is not an acceptable measure. 31. In many areas, no sediment control protection measures have been shown in the vicinity of the 50' buffer zone of existing streams, lakes, and wetlands. Please review these areas carefully and propose acceptable measures in future revised submittals of this plan. 32. The locations of the skimmer outlet pipes must be shown for each proposed sediment skimmer basin shown on sheet C302. In addition,these pipe outlet locations must also be shown on sheet C301. 33. The sequence of mining must be shown on sheet C203. From the cross-section A-A that has been provided, it appears that mining will begin on the north side of the mine, but this has not been expressly stated. Haul roads and varying phases of mining activity must also be shown. 34. All 50-foot buffer areas must be noted as being"undisturbed". Colonial Pipeline Company Mark Piazza Telephone: 678-762-2531 Manager,Pipeline compliance and R&D moiaga(a).coloioe-wrn Operations Services By Electronic Mail December 17, 2018 Ms.Judy Wehner Assistant State Mining Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Comments on Mining Permit Application Alamance Aggregates LLC Snow Camp, NC Dear Ms. Wehner: Colonial Pipeline Company (Colonial or the Company) is submitting this letter to provide comments on the Mining Permit Application that has been submitted to the North Carolina Department of Environmental Quality (NCDEQ) by Alamance Aggregates, LLC to operate a crushed stone mining operation near Clark Road in Snow Camp, Alamance County, North Carolina. These comments should be considered by the NCDEQ in its analysis of the factors related to development and operations at the proposed mine site. Colonial operates an underground refined petroleum products pipeline that is located in the immediate vicinity of the proposed crushed stone mine site. The permit application indicates that blasting is a component of the operations at the proposed mine site. Depending on the distance from the blasting location to Colonial's pipeline and the significance of the blast charge, the blasting operation could represent a threat to the integrity of Colonial's pipeline. Colonial has an established Engineering Standard that it applies to assess the potential impacts from mining blasts in close proximity to the Company's assets, and whether a "blasting encroachment" condition exists. If a blasting encroachment exists,then monitoring and mitigation measures are put in place to ensure that there are no impacts to the pipeline. Placing operating limits in the permit that dictate the blast charges that would be allowed-so that there is no potential for a blasting encroachment condition to exist-would be an effective mitigation method. Absent certain specific permit terms and conditions being placed in the permit issued by NCDEQ Colonial believes it is possible that operations at the mine could constitute a direct threat to public safety, 1185 Sanctuary Parkway,20d Floor Alpharetta, Georgia 30009 (a N.C.G.S. 74-51 of the Mining Act of 1971 gives the NCDEQ the authority to deny a new permit application or a modification to an existing permit if specific criteria are met. One of the criteria is that the proposed operation constitutes "...a direct and substantial physical hazard to public health and safety..". With no controls in place on the mining operations with regard to blasting charges,the mine operation could potentially represent a direct hazard to Colonial's pipeline based on blasting encroachment engineering analysis performed by Colonial. However, the statute also provides that the NCDEQ can grant a permit to an applicant if "...adverse effects are mitigated by the applicant as determined necessary by the Department..". While Colonial is not advocating that the permit be denied, the Company is requesting that the NCDEQ include certain specific permit terms and conditions that factor the safety of Colonial's existing pipeline by applying mitigative measures to control any potential adverse effects. Based on the blasting encroachment engineering analysis performed by Colonial, Colonial recommends that the permit include a minimum scaled distance value of 51 feet/pounds'4 at the closest point to Colonials pipeline as it relates to any blasting at the site. If this scaled distance value is included in the terms and conditions of the final operating permit, Colonial believes that blasts at the mine would not be considered "blasting encroachments" per Colonial's Engineering Standards, and would therefore have very limited to no potential impact to the integrity Colonial's pipeline. Please contact me at 678 762 2531 with any questions regarding these comments. Sincerely, Mark Piazza Manager, Pipeline Compliance and R&D cc: Denise Langley, Colonial Pipeline Company Chip Little,Colonial Pipeline Company Brian Smith, Colonial Pipeline Company Tom West, Colonial Pipeline Company Colonial Pipeline Company Norman Jackson, Jr. 262 Clark Road Snow Camp, NC 27349 To Whom It May Concern: I am a concerned resident of Snow Camp, NC. I live adjacent to the proposed quarry on Clark Road. I received a letter from Alamance Aggregates LLC the first week of October 2018, informing me that they had applied for a State Mining Permit. It was quite a shock to learn that Alamance County had already approved their plan. From what I understand through some quick research is the fact that this company is an LLC, based out of Wyoming. And some of the major partners involved with the company have been less than honest in the past. The possibility of all that can go wrong when mining a quarry should be enough to stop it now and ask why should they be allowed to continue? I could repeat all the reasons for not allowing the proposed quarry to become a reality but will only reiterate a couple of major concerns: 1. The water in the ground in the area on which we all depend is at risk. There is only so much fresh water in the world. 2. The retaining /sediment pond that they plan to build will only have a 200,000 gallon capacity when they will be pumping as much as 500,000 gallons out daily and the sediment pond could be drained when they deem necessary. So the suff they are trying to retain could end up in the Haw River and beyond. This matter depends on you and the State of North Carolina to carefully consider. Please do not make a decision that you may later regret. Think of the future of our earth. Good planets are hard to find. Best regards, Norman Jac son, Jr. Wehner, Judy From: Rep. Dennis Riddell <Dennis.Riddell@ncleg.net> Sent: Monday,January 07, 2019 4:15 PM To: Wehner,Judy Subject: RE: [External] Colonial Pipeline Blast Encroachment Thank you Judy for the update. Happy New Year. Dennis From: Wehner,Judy<judy.wehner@ncdenr.gov> Sent: Friday,January 4,2019 3:43 PM To:Jane Lea Hicks<jlhicks@consolidated.net> Cc:wpowell@geosonics.com; mpiazza@colpipe.com;Vinson,Toby<toby.vinson@ncdenr.gov>; Miller, David <david.miller@ncdenr.gov>;Thomas Hicks<thicksatty@gmail.com>; Laura Johnson<floraj05@yahoo.com>; Bill Poe <ncgatorpoe@gmail.com>; Donna Poe<donnalpoel@gmail.com>; BJ Privett<bjprivett@gmail.com>;Judy Shaver <judylynnfl@gmail.com>;Gary Ulicny<gruhealthcare@gmail.com>; Rep. Dennis Riddell<Dennis.Riddell@ncleg.net> Subject: RE: [External] Colonial Pipeline Blast Encroachment See the attached. We are requiring a site specific blasting study. From:Jane Lea Hicks<ilhicks@consolidated.net> Sent: Friday,January 04,2019 3:27 PM To:Wehner,'Judy<iudv.wehner@ncdenr.gov> Cc:wpowellCc@geosonics.com; m piazza @col pipe.com:Vinson,Toby<tobv.vinson@ncdenr.gov>; Miller, David <david.miller@ncdenr.gov>;Thomas Hicks<thicksatty@gmail.com>; Laura Johnson<florai05@vahoo.com>; Bill Poe <ncgatorpoe@gmail.com>; Donna Poe<donnalpoel@gmail.com>; BJ Privett<biprivett@gmail.com>;Judy Shaver <iudvlvnnfl@gmail.com>;Gary Ulicny<gruhealthcare@gmail.com>; Rep. Dennis Riddell<Dennis.Riddell@ncleg.net> Subject: [External] Colonial Pipeline Blast Encroachment Dear Ms. Wehner, This is to follow my conversation today with David Miller requesting that the DEQ require a site specific study of the potential blast encroachment of the Colonial Pipeline from the proposed Alamance Aggregates LLC mining operations. In their attached letter, Colonial recommends a limit to the size of the blast in proximity to the pipeline. In checking with Ike Powell of Geosonics, the company that provided the similar site study submitted with the permit application, I learned that in addition to the size of the blast, other parameters are critical, including delay times, sequencing, etc. Geosonics has experience in conducting site specific studies for situations where a blasting operation would pose an imminent health risk to the surrounding community. t I also spoke to Mark Piazza who submitted the Colonial letter and who does not profess himself to be a blasting specialist. He stated that he would not argue the appropriateness of having a site specific study conducted in order to safeguard our community. I also requested this in my written comments to you and hope you will take strong consideration of the potential for failure with this 55-year old pipeline, its history of leaks even in the absence of blasting, and request that a site specific study be required by the applicant. https://www.greenvilleonline.com/story/news/environment/2016/06/25/20-years-after- colonial-pipeline-disaster-spills-continue/86031972/ If there are site specific studies ever done on blast encroachment of pipelines, why would one not be done here? Sincerely, Jane Lea Hicks Jane Lea Hicks 1730 Quakenbush Road Snow Camp, NC 27349 (936) 520-6156 2 Wehner, Judy From: Stephanie Thurman <steph.thurman59@gmail.com> Sent: Monday,January 07, 2019 4:05 PM To: Wehner,Judy Subject: [External] Fwd: DEQ response to Chad Threatt 12/21/18 External email. Do no c t- i o ope a en ified. Seri a - pio o e -aff as Ms.Wehner, Correct spelling of name is Deborah P. Sanders who is the current owner of 8900 Snow Camp Rd, not Robert L. "Lacy" Rumley. ---------- Forwarded message-------- From:Stephanie Thurman<steoh.thurman59()email.com> Date: Mon,Jan 7, 2019 at 3:54 PM Subject: DEQ response to Chad Threatt 12/21/18 To:Wehner,Judy<iudv.wehnerPncdenr.gov> Hi Ms.Wehner, I just read the 12/21/18 letter to Chad Threatt. FYI that Robert L. Rumley no longer owns adjoining property although Chad is being required by the DEQ to notify him about the mine. Mr. Rumley's property was sold about a year ago to Deborah Saunders who was notified. I do not know Ralph Bland, but why is Chad not being required to notify me? As I stated in my letter,the corner of my property is approx. 650 feet from the corner of Chad's and I have not received anything from Alamance Aggregates.Thank you for your hard work on this. Stephanie Thurman 149 Clark Rd Snow Camp NC 27349 1 07 '��� Fox Rothschild LLP t � - � � ` ° ' " �` �' "• �y R i. ATTORNEYS AT LAW + ] , E :+ +. 1 t. c.. � b i d F f � 1•oy � y � ' 1,�'y7{ (t" i' ♦ i 1 ?.fl ;"C � � "'{ F1 i�0i k'4 $� '� � ;�s��l��it SlGb1k' nL tit 300 N . Greene Street , Suite 1400 _ _ �f Y : �� s _ ` " NfiSµ 1V 4�M /.Mf A'f {/M'/A4HMYh hHN1MYMM,.I fY 1 N 1 >11�ly�y Greensboro, NC 27401 n r -, 3 Dr. Kenneth Taylor 1612 Mail Service Center Raleigh, NC . 27699- 1612 J ° r ir �J -'rr, * -- iPG1 ' 99 1111 � I1j � l � lllii ! ' lii � Ili � � Ii � , vl � ilillj � iilii � ll � + � � � yrt � li � � � � 0 Fox N Rothschild LLP AUO300 N.Greene Street,Suite 1400 Greensboro, NC 27401 T.336.378,5200 F:336.378.5400 www.foxrothschild.com TOM TERRELL Direct No: 336.37&5412 Email:7TemeII@F0xr0thschf ld.cmn December 6, 2018 Dr. Kenneth Taylor 1612 Mail Service Center Raleigh, NC. 27699-1612 Re: Alamance Aggregates Dear D. Taylor: Please place me on the list to receive a copy of the report from the December 5t1i public hearing in Snow Camp. Very truly yours, Thomas E. Terrell, Jr. T E T:kwc A Penn-L, im Limited Liability Padnemhip California Colorado Delaware District of Columbia Florida Georgia Illinois Minnesota Nevada New Jersey New York North Ccrolina Pennsylvania South Carolina Texas Washington ACTIVE180845001.v1-12/6/18 r • , x..j r. U . POSTAGE PAID ,. M k CA SNOW MP, NO j, DE 14 18 os� LSER Es AMOUNT rosrei seev¢tm ' 1024 $ 12 . 90 . 27699 823051<141859- 03 STATES TF Pi ERVICE® —^-- - -- --- � v m VISIT US AT USPS . COMn > -- - — �, A I L � URUGR FREE SCPPLI1'_5 ONLIf�e I FROM : S'-} phCk it Th urrw�� if I C. rk DATE OF DELIVERY SPECIFIED * mo°4t 4�;� � 0�0 ° ,Sna USPS TRACKING v�l C�rY� n NC 2'73 ' 4� /'L° (rr� "' INCLUDED * h` 2 ,0/4 �Lp $ INSURANCE INCLUDED * 1 o� PICKUP AVAILABLE 7so .� iy�� s * Domestic only T O . WHEN USED INTERNATIONALLY, A CUSTOMS DECLARATION LABEL MAY BE REQUIRED. �- RIOL 4 Label 228, March 2016 FOR DOMESTIC AND INTERNATIONAL USE I i 1 ' � illlll�lllllllllllli �lllllll � � � � __ . y VISIT US AT USPS . COMe �- UNITEDST/�TES PS ORDER FREE SUPPLIES ONLINE s� POSTAL SERVICE I - _- �:SSK r.... :.. �. ,1.�, , .�„� I ,1.- ,.o :T, ... ., . ,4`,�. L . . .1nYl.a.+:.,w J_ .. i Lls � . �u. ... 'H1.- �.... f1. •i�/41r, --,6: uL .�fi � .[.'`....,S�Ye..�.___`- . /I ANDY & STEPHANIE THURMAN 149 CLARK ROAD SNOW CAMP, NC 27349 December 14, 2018 Dr. Kenneth Taylor NC Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Dr.Taylor: Per your letter dated November 20, 2018, 1 am writing to report a violation by Alamance Aggregates, LLC with regard to their mining application and the 1,000 feet parameter for landowner notification as required by Article 7.(b1)(b2) of The Mining Act of 1971 § 74- 50, Permits—General. My husband Andy and I reside at 149 Clark Road, Parcel ID 102696, in Snow Camp which is approximately 650 feet, corner to corner, from the property owned by Snow Camp Property Investments, LLC. We did not receive a certified letter notifying us of the proposed mining operation which is a violation of the The Mining Act's requirement and is a criteria for denying this mining permit. I would also like to specifically address the actual notification letter referenced above that Chad Threatt mailed to adjacent landowners in early October 2018, and how the letters' content is a violation of the Act (reminder that our names were not on the list that Mr. Threatt provided with the application packet. It is my understanding that all letters were identical and highly unprofessional: no letterhead, no signature, cryptic and poorly composed. I obtained the enclosed copy of this letter from a neighbor whose name was on the list). The letters'flatly stated that "This operation will have no impact on your property in any way". This is completely untrue when studies and research prove that mining quarries like the one proposed by Alamance Aggregates LLC, do impact adjacent properties and the environment in a plethora of ways. No one can predict exactly when, exactly where or to whom, but the Mining Act does not require that, it only requires that we submit information to reinforce and support our position that it will and we have sufficiently done so. Our opposition to this operation is warranted and justified and to diminish our anxiety over the risks involved, and to dismiss our concerns without a comprehensive analysis of the issues that includes a thorough and comprehensive review of Alamance Aggregates, LLC, would be irresponsible and reckless. Unless Chad Threatt has a crystal ball and knows something that the scientists do not, or unless he and his anonymous colleagues are geniuses who have discovered how to defy the third law of physics that for every action there is an opposite and equal reaction, then the content of Mr. Threatt's letter is deceptively misleading and completely untrue. Dishonesty and deception I desecrate the very core of not being in substantial compliance with the Act, another criteria for denial of this permit. Quite frankly, the entire business structure of Alamance Aggregates, LLC is sketchy. Exactly who owns this company and where is their office? Do they have experience in operating a crushed stone quarry? If so, will their operation utilize the highest level of industry standards and will they adhere to established best practices? Can they provide references who will attest to the quality of their work,their integrity and level of customer service? These are critical questions to which the State of North Carolina should seek answers because Alamance Aggregates LLC wants to work/conduct business in Alamance County, and should be required to pass a comprehensive background check. There is too much risk involved in permitting a quarry on this site to not complete what should be a fundamental part of this process. I also want to point out that Article 7.(b1)(b3) of the Act requires/requests that various State agencies review the application and submit a written response to their review within 30 days from the date of the request. Mr. Eric Galamb, Application Review Coordinator for the Division of Soil & Water Conservation, received this review request from Brenda Harris in a memo dated October 1, 2018, however, no response was received from this agency by the requested date. This is also a violation of the Act and one that has resulted in the absence of critical information related to water and soil conservation with regard to this application/operation. Every resident in Snow Camp lives quite well off well-water therefore we are very concerned that the proposed operation will have unwarranted and unjustified adverse effects on potable water supplies. Another question is who will be responsible for monitoring the water levels in our wells? And who will monitor this monitoring? Risk of contamination to surface water and groundwater supplies are proven hazards around quarries like the one being proposed, as is continued exposure to toxic airborne particulate matter emitting from the site. It is important to know who will be held accountable for these requirements in order to keep us safe. The proposed operation will undoubtedly disrupt and displace many species of wildlife once again and expose them and their environment to harmful toxins (reminder that wildlife was recently displaced due to the construction of the solar farm, and we are still dealing with storm water runoff/erosion/standing water issues on our property from this project). The trauma that the proposed operation would inflict upon our community will be intrusive and unhealthy, and has the potential to impact generations of residents. There are simply too many risks associated with utilizing this property for a mining operation. The close proximity of Sylvan School to the Colonial Pipeline and the proximity of the Pipeline to the operation's blasting area present a substantial potential physical hazard to the School and the safety of 350 faculty, staff and students who occupy the campus on any given school day. The Sylvan Community Health Center is also located on the School's campus and is the community's only medical facility. Approximately 40 years ago, a friend was taking flight lessons and I tagged along on one of his sessions with him and his instructor. We departed from Causey Airport in Liberty, NC, and one 2 of the prominent natural landmarks that these two pilots used as a reference point was Major Hill which is located in close proximity to the proposed mining site. If flight instructors/pilots from any airport still utilize Major Hill as a reference, how will daily dynamite blasts affect the air space above the blasting site for small planes flying at low altitudes?This is a question that warrants an answer. Lastly, I want to address the reclamation plan and the proposed recreational lake that will be the end result when the mining operation ceases. Abandoned quarries/lakes typically become remote havens for trespassers, bad behavior, littering and accidental drownings much like the Soapstone Trail Lake was when we first moved to Snow Camp. The scenario for another unmonitored abandoned quarry/ recreational area will be the exact same and may be perceived as a hazardous public nuisance by some nearby residents. In closing, I am extremely grateful to everyone in the community who has been working so diligently to gather relevant facts and information, and I appreciate the opportunity to provide these comments. We moved here in 1991 because of the land and the culture of the area. It fit well with our lifestyle and our love of nature, animals and the outdoors. I never imagined that almost 30 years later our six acres could become sandwiched between two heavy industrial developments— both products of the same, somewhat outdated, county ordinance, and their close proximity to one another is not balanced or fair to residents. This is not judicious planning — it appears that no planning or thought went into this decision whatsoever, and if the County planning director looked at the proposed quarry site on the Alamance GIS map when this application was received, he/she would have immediately seen that the proposed site is across the road from a 40-acre solar farm. This alone should have facilitated further consideration with regard to judicious placement and balance. However, the Alamance GIS,the site to which users are directed from Alamance County's homepage, is not a current representation of existing parcels and does not show the solar farm at all. This is unacceptable considering that the solar farm was completed almost three years ago and its absence from this aerial view may have contributed to what appears to have been a hasty, uninformed and haphazard decision by a single person. As a citizen and taxpayer,this is unacceptable. Regardless, Alamance County assumes no responsibility for errors on the GIS mapping (as stated in their disclaimer) but this is a significant omission and may be a contributing factor to this situation. This application/operation is littered with red flags beginning with the credibility of Alamance Aggregates LLC, and the citizens of this rural community are worried. I sincerely hope that the State will carefully and thoughtfully consider the validity and legitimacy of our concerns as they relate to water supply and air quality, our safety, environmental protection, and the general welfare and future stability of this community. Si erely,q . tep n e7 Thur Enclosure: Chad Threatt notification letter 3 October 1, 2018 To: Adjoining Property Owners of Alamance Aggregates, LLC Clark Rd,Snow Camp,NC This letter is being sent to you to inform you that Alamance Aggregates LLC,has applied for a State Mining Permit for a new quarry on Clark Rd,near Snow Camp NC. Please find enclosed an official Notice of this action, as well as a map showing the planned mine in relation to your property. State laws and regulations require us to notify you of this action. You are not required to respond to this notice in any way. It is our goal to be a good neighbor,and we have planned this site with appropriate buffers and barriers to protect surrounding property. This operation will have no impact on your property in any way. If you have any questions,please call me at 336-376-6000. Thank You, Chad Threatt Alamance Aggregates, LLC PO Box 552 Snow Camp NC 27349