20201113_J-C-Van_Riper

118 Rivertides Lane
New Bern, NC 28562
[e-mail]
252-224-0655
November 9, 2020
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality RECEIVED
1612 Mail Service Center
Raleigh, North Carolina 27699-1612 NOV 13 2020
Dear Sir or Ma'am: LAND QUALITY
As provided for in the attachment to this letter, we offer the following comments
PROGRAM
regarding the proposal to operate a mine within 1,000 feet of our property, and we request
that the Department of Environmental Quality order a public hearing prior to the opening
of this mine.
The reasons for this request are outlined below:
1. In the summer of 2017 a surface mine was opened at the same location as the
proposed mine identified in the attached notice. However, in 2017 no notice was given to
the property owners residing within 1,000 feet of that mine and who had a right-of-way on
Scott Farm Lane, the only road leading to the mine. (This appears to have been a violation
of G.S. 74-50 [b1]). To accommodate the trucks hauling fill from this mine, Scott Farm Lane
was widened, the crown on the road was destroyed, drainage ditches were filled in, a berm
was created at the edge of the road preventing runoff, and all safety signs and delineators
were destroyed and never replaced. Subsequently, mud pits and potholes developed along
entire length of the lane, which became difficult to traverse. In addition, dozens of large
dump trucks traveled to and from the mine each day stirring up blinding dust clouds during
dry periods and more mud holes during wet weather. All of this was hazardous to those
driving to and from residential properties beyond the mine; especially after all the safety
markers were destroyed. Even though the contractor restored parts of the road to a
satisfactory condition when the mine closed, he did not bring it back to its original
condition, particularly relative to safety features. Will this newly proposed mine result in
similar destruction?

2. A public hearing will enable us to better know how and if Tim Morton Trucking, LLC
will prevent ground water pollution —a potential hazard to the well on our property —and
surface water pollution to Scott Creek, which parallels our property for 580 feet. In
addition, a hearing will allow us to ask the mine operator how he will mitigate dust and air
pollution emanating from the site of the mine and along Scott Farm Lane; what steps he
will take to operate vehicles safely on Scott Farm Lane; and how he will reduce noise
created by the equipment used at the mine.
I Public records disclose that in the past three years Tim Morton Trucking, LLC has had
violations of vehicle safety and environment regulations. How Tim Morton Trucking, LLC
resolved these violations and how this company might handle similar violations related to
the proposed mine is a concern to us that we also want addressed at a public hearing.
Sincerely yours,
lames K and Connie R. Van Riper
Attachment: Copy of Notice regarding applicant Tim Morton Trucking, LLC to operate a
mine in Jones County and dated 10-21-20.

NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
Tim Morton Trucking, LLC has applied on 10-21-20
(Applicant Name) (Date)
to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality,
1.612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one):
® a new surface mining permit,
❑ a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in. the area proposed. Please note that future modification(s). may be submitted by -the -applicant to
allow disturbance within this area without re-notYfication of adjoining landowners.
The applicant proposes to mine Sand/Soil on 32.3 acres located 3.2
(Mineral, Ore) (Number) (Miles)
f
NNE of Pollocksville off/near road 540 Scott Farm Lane
(Direction) (Nearest Town) (Number/Name)
in Jones County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor ofthe mine tract,
all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part- of the permitted area is located. Any person may file written comment(s) to the
Department at the above address within thirty (30) days of the issuance ofthis Notice or the filing ofthe application
for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to
G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials is on file and available for public review during normal business
hours at the above listed address as well as at the appropriate regional office. For information regarding the
mrt!is of the proposed mining activity,- Please contact- the applicant at the following teleohone number:
. r or information on the mining perm
gram staff at [phone]. Please note that the Di
umntation within the provisions of the Minine Act o
contact
review
QUMY Tim Morton Trucking, LLC — Tim Morton
(Addressee/ wner of Record's 2$5lt2..s (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
1t�1 ,1�0
(Date of Issuance of this Notice/
Mailed to Addressee/Owner of Record)
Imm
121 Garnet Lane
Jacksonville. NC 28546
(Address of Applicant)

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