20210308_Public_Notice_52-16

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 Tim Morton Trucking, LLC's application for Mining Permit
No. 52-16 (Pending) for a sand mining operation located off US 17, near Tenmile Fork, in
Jones County.
AUTHORITY: NC General Statute (G.S.) 74-51 and NCAC Title 15, Chapter 5
Subchapter 5B, Section .0011
PLACE, TIME, DATE: Session Law 2020-3, section 4.31 PUBLIC BODIES/REMOTE
MEETINGS DURING DECLARED EMERGENCIES allows a public
body to conduct public hearings by remote meetings.
Remote Meeting due to COVID-19 Declared Emergency
Date and Time: March 29, 2021 at 6:00 p.m.
Participants can join the meeting at 5:45 p.m.
ONLINE:
Cisco WebEx Link: https://bit.IV/3dQLOXI
Meeting Number (Access Code): 185 148 2266.
Meeting Password: NCDEMLR
PHONE:
Cisco WebEx by Phone: US TOLL [phone],
Meeting number (access code): 185 148 2266.
Internet access is not required to participate in the meeting. To comment by phone, when your
name is called, press *3 so the moderator can identify and open your line. Once you have
made your comment, please press *3 to end your comment.
PURPOSE:
To receive comments related to the application for a mining permit for a sand mining operation
located off US 17, near Tenmile Fork, in Jones 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;
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. 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 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.
3. Description of the proposed mining operation as applied for by the
applicant.
4. Public Comment — Comments, statements, data, and other information
may be submitted in writing prior to the hearing or may be presented orally
at the hearing. Persons desiring to speak must follow the procedure
outlined below. 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
submitted as directed by the hearing officer.
If you wish to speak at the digital public hearing, you must register,
provide the required information, and follow instructions on ways to join
the public hearing. Registration must be completed by 12:00 PM on March
29, 2021. To register, please click the following link: https://bit.IV/3b51 L17
If you have technical difficulties, an automated voicemail will be set up
from March 29, 2021 until April 9, 2021 to receive your verbal
comments: [phone] (Please state your name before commenting.)
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
Washington Regional, Raleigh Office, Central Office and online at our webpage, for the
public's information and review prior to the date of the public hearing. To submit comments or
for additional information concerning this hearing contact by writing or calling:
Adam Parr
Assistant State Mining Engineer
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]
Comments can be submitted via email to [e-mail] with the subject line
"Scott Farm Road Mine".