Scott_Farm_Road_Public_Hearing_Officers_Report_20210419

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
TIM MORTON TRUCKING LLC. MINING PERMIT APPLICATION/
NEW APPLICATION PUBLIC HEARING
Hearing Report
Hearing Officers: Mr. Bill Denton, PE and Mr. Tim LaBounty, PE
April 19, 2021
E Q� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
vnH`F: CaROI iNA f
Q.1 919.707.9200

TABLE OF CONTENTS:
❖ Tim Morton Trucking LLC. Mining Permit Application / New Application Public Hearing Summary
❖ List of Issues from the Oral and Written Comments Provided in Response to the Tim Morton Trucking
LLC. Mining Permit Application / New Application Public Hearing
❖ Appendix
A.
Public Hearing Notice
B.
Public Hearing Format
C.
LQS Presentation
D.
LQS Presentation Slide Show
E.
Written Comments
F.
List of Registered Speakers
G.
Recording of Hearing
H.
Affidavit of Public Notice

TIM MORTON TRUCKING LLC. MINING PERMIT APPLICATION/
NEW APPLICATION PUBLIC HEARING SUMMARY
PURPOSE OF HEARING
To receive public comment related to Tim Morton Trucking LLC.'s request for a new mining permit for the
operations of a sand mining operation located off US 17 in Jones County.
DATE, TIME, PLACE
Due to COVID-19 impacts on the State of North Carolina, the Public Hearing was held virtually using the WebEx
application. Persons wishing to speak were requested to register on the Department of Environmental Quality
website before noon on March 29, 2021.
The hearing was held on March 29, 2021 from 6:00 PM to 6:52 PM.
DEPARTMENT OF ENVIRONMENTAL OUALITY
Bill Denton, Co -Hearing Officer, Raleigh Regional Office Regional Engineer, Division of Energy, Mineral, and
Land Resources (DEMLR)
Tim LaBounty, Co -Hearing Officer, Fayetteville Regional Office Regional Engineer, DEMLR
Brian Wrenn, Director, DEMLR
Toby Vinson, Chief Operations Officer and Land Quality Section Chief, DEMLR,
David Miller, State Mining Engineer, DEMLR,
Adam Parr, Assistant State Mining Engineer, DEMLR,
Zaynab Nasif, Public Information Officer, Division of Air Quality
OPENING
Bill Denton called the hearing to order at 6:00 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 providing comments
at the hearing. Bill Denton stated that the proceedings would remain open for a period of ten days following the
hearing for additional comments.
Tim LaBounty then explained the action for which the mining permit application is required:
"The applicant proposes to operate a sand mining operation located off US 17 in Jones 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. "
Adam Parr 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.
Full text of the presentations made by Adam Parr, Bill Denton and Tim LaBounty are attached as Public Hearing
Format and Land Quality Section Public Hearing Presentation.
5 people signed up to speak.
Page 1 of 3

All 5 people who signed up to speak did speak during the hearing. One additional person who did not register in
advance spoke after the registered speakers. In total there were 6 speakers.
ORAL COMMENTS
Speakers
Ethan Koslowski — Mr. Koslowski questioned how the applicant determined what neighbors were on well water
and was concerned with potential effects to ground water. He also raised concerns with dust.
Jim Van Riper — Mr. Van Riper raised concerns with impacts to the groundwater aquifer and sedimentation in the
nearby stream. He also questioned who the rightful owner of the property was.
Tyndall Lewis — Mr. Lewis, an engineer with McDavid and Associates, who worked on the Jones County Water
Treatment Plant (WTP) was concerned that the dewatering of the mine would cause issues with wells 9 and 10 of
the WTP. Written comments provided.
William Gower — Mr. Gower was concerned with water runoff and sedimentation that could occur in the Trent
River. He was also concerned with the proposed reclamation and the assurance that the mine would not be left in
poor condition.
Franky Howard — Mr. Howard, who spoke on behalf of the county commissioners, reiterated the comments raised
by Tyndall Lewis as well as raised concerns with impacts to private wells.
Elanor Sims — Ms. Sims was concerned with dust and the impact the heavy trucks would have to Scott Farm Road,
a private road.
A recording of the above comments can be found at the following link:
https:Hedocs.deq.nc. govIEnergyMineralLandResourcesIDocView. aspx?dbid=0&id=2842
WRITTEN COMMENTS
As a part of the official record of this public hearing, the following written comments are attached:
1. Letter from William Gower dated November 9, 2020.
2. Letter from James and Connie Van Riper dated November 13, 2020.
3. Letter from William Gower dated November 13, 2020.
4. Letter from Peter and Louise Theisen dated November 17, 2020.
5. Email from Franky Howard dated November 20, 2020.
6. Letter from Frank Howard dated November 23, 2020.
7. Email from Frank Howard dated November 23, 2020.
8. Letter from Frank Emory dated November 24, 2020.
9. Email from Franky Howard dated November 30, 2020.
Page 2 of 3

10. Letter from William Gower dated December 7, 2020.
11. Email from William Gower dated January 12, 2021.
12. Email from Tyndall Lewis dated February 19, 2021.
13. Email from William Gower dated March 4, 2021.
14. Email from William Gower dated March 19, 2021.
15. Email from Jim Van Riper dated March 29, 2021.
16. Email from Tyndall Lewis dated March 29, 2021.
17. Email from William Gower dated March 29, 2021.
18. Email from Donald Shutts dated March 30, 2021.
19. Email from William Gower dated March 30, 2021.
20. Email from Franky Howard dated April 8, 2021.
CLOSING COMMENTS
Bill Denton thanked everyone for attending and for their comments and presentations. Bill Denton 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. Bill Denton reiterated that the proceedings would remain open for a period of ten days following the hearing
which is April 9, 2021 for filing of any addition comments or statements.
The hearing adjourned at 6:52 PM.
Respectfully submitted by:
Bill Denton and im LaBoun
Hearing Officers
Date: April 19, 2021
Page 3 of 3

LIST OF ISSUES FROM ORAL AND WRITTEN COMMENTS PROVIDED IN
RESPONSE TO THE TIM MORTON TRUCKING LLC. MINING PERMIT
APPLICATION/
NEW APPLICATION PUBLIC HEARING SUMMARY
Comment Summary
Oral comments were given during the public hearing held on March 29, 2021. Written comments were received
prior to the public hearing and through the comment period which closed on April 9, 2021. The comments have
been grouped into general topic areas and outlined below.
Groundwater/Well supplies (Denial Criteria d(2)
Comments were provided that addressed the concern that dewatering at the mine would impact neighboring wells.
There was also a concern from the County that this mine could impact the new Jones County Water Treatment Plant
(WTP) and specifically Wells 9 and 10. Concerns about lowering the water table surface which could impact the
movement of the fresh water — saltwater interface. This could increase chloride levels in the groundwater coming
from Wells 9 and 10 and cause the new WTP to become useless.
Air Quality (Denial Criteria d(31
Comments were provided that addressed the previous operation and the dust caused by trucks on Scott Farm Road.
There were concerns that this new proposed operation would repeat the dust issues that were seen in the past.
Sedimentation into nearby streams (Denial Criteria d(3))
Comments were provided that addressed concerns that sediment form the operation would make its way off site and
into the nearby Scott Creek and eventually the Trent River, a tributary of the Neuse River. There were concerns
that sedimentation in Scott Creek could harm wildlife and diminish its recreational use.
Issues with the Annlication
Comments were provided that focused on issues with the application. In the application the applicant stated that
the neighbors were not on wells but rather supplied by county water. There were questions as to how the applicant
determined that there were not neighbors on well water, when there are in fact wells in the vicinity. There were
also questions as to who the legal owner of the property at the location of the proposed mine is.
Reclamation Plan (Denial Criteria d(1))
Comments were provided that focused on the reclamation of the site and the possibility that it is left in poor
condition. There were also concerns that this site would become a landfill. Comments were provided that addressed
the previous operation and questioned why it was allowed to be left in the condition it is currently in. There were
questions as to what assurances were in place to keep this from happening again.
Page 1 of 2

Traffic Use of Scott Farm Road (Denial Criteria d(4))
Comments were provided that focused on the use of Scott Farm Road, a private road, by the heavy equipment and
trucks. Comments stated that trucks from the previous operation caused the road to fall into disrepair as well as
caused damage to the asphalt at the intersection of Scott Farm Road and NC 17. There were concerns that trucks
from the new proposed operation would again crowd neighbors off the road and damage the road causing the
neighbors to pay for repairs.
Page 2 of 2

Appendix A
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 513, 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.l. / d LOXI
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:

Appendix A
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.

Appendix A
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.ly/3b51LI7
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: (919) 707-
3645 (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.

Appendix A
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".

Appendix B
3/29/21
PUBLIC HEARING FORMAT
I. Call to Order:
Good evening and welcome. My name is Bill Denton, 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 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 refer to a copy of the Mining Act of 1971 for reference during the
hearing.
Introduce DENR staff.-
David Miller, State Mining Specialist
Adam Parr, Assistant State Mining Specialist
Jenna Spencer, Assistant State Mining Specialist
Samir Dumpor, Regional Engineer, Washington Regional Office
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 sand mining operation
located off US 17 Road near the town of Pollocksville in Jones 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 Division of Energy, Mineral, and Land Resources,
Land Quality Section.
3. Presentation that provides a description of the proposed mining
operation.
4. 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 have
indicated their intent prior to this evening by registering on the
website. So that all persons desiring to speak may do so, lengthy
Pagel of 5 Rev. 3/2021

Appendix B
3/29/21
statements may be limited at the discretion of the hearing officer. Oral
presentations which exceed three (3) minutes must be accompanied by
a written copy.
5. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
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 sand mining operation located off US
17 in Jones 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 Mining Program website. Copies
of the application materials may also be viewed upon request after tonight
at the Land Quality Section's Washington Regional Office and the Raleigh
Central Office.
IV. LQS Presentation:
Now I would like to defer to Adam Parr, Assistant State Mining Specialist
with the Division of Energy, Mineral, and Land Resources, for a brief
explanation of the mining permit procedures as set forth in the Mining Act
of 1971 and a brief description of the proposed sand mining operation. (see
attached "Land Quality Section Public Hearing Presentation')
V. Comment Procedure:
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 mining
permit application. These criteria are the ones that were explained in detail
to you a few minutes ago by the Mining Program staff.
Page 2 of 5 Rev. 3/2021

Appendix B
3/29/21
In light of the number of people who have indicated their desire to present
comments on this application, I will limit oral comments to 5 minutes per
person in order to give everyone desiring to speak adequate time. If time
allows at the end of the hearing, we will open the floor to those who did
not register and would like to provide a comment.
If in the course of the hearing you decide that you do not need to speak or
feel that a speaker has already raised your concerns, you can opt to abstain
from speaking but submit your written comments to the Division for
consideration. The Division does consider the written comments with the
same gravity as any of the comments raised orally tonight.
You will be called to speak in the order in which you registered. Please
state your name and your affiliation such as local resident or local
government official. This hearing is being recorded through the WebEx
application and through a digital audio recorder. It is important that you
speak into your computer microphone or phone in a clear manner and in a
location with minimal background noise so that we can get an accurate
recording of your comments.
If you are using the WebEx application, our WebEx administrator will
unmute your microphone when it is your time to speak. A timer will be
displayed on the screen to indicate the amount of time remaining in your
speaking slot. The administrator will also provide a verbal alert when you
have 30 seconds remaining and when your time is up. At the end of your
5 minutes, the administrator will mute your microphone and the next
speaker will be called. Please be respectful to the other speakers by
adhering to the allotted time limit.
For speakers using the call -in number, please place your phones on mute
when you are not speaking to reduce background noise and electronic
interference. When your name is called, please dial *3, and the
administrator will unmute your line to speak. When you are speaking, the
administrator will provide a verbal alert when you have 30 seconds
remaining and when your time is up.
Page 3 of 5 Rev. 3/2021

Appendix B
3/29/21
Non -speaking participants' microphones and phones should be muted at
all times. Please note that chat comments are considered public record. We
encourage you to minimize use of the chat option on the WebEx
application unless you are having technical difficulties or have a pressing
question. Our administrator will attempt to help you with technical issues.
Should you have technical difficulties with the WebEx application that
cannot be resolved, please call into the conference number provided with
the hearing invitation.
The mining applicant will provide the final comments of the night if they
so choose. Now, I will proceed calling on those who have indicated that
they wish to speak.
Please speak when I call your name. Make sure you are being heard.
(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 raise their hand in the WebEx
application.
Now, we will open the floor up to any last minute comments the public
would like to make. If you would like to make a comment, please raise
your digital hand, press *3 if you are calling on the phone, or indicate it in
the chat.
After all comments are done
Is there anyone else?
At this time, would the applicant wish to make some brief comments?
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.
Page 4 of 5 Rev. 3/2021

Appendix B
3/29/21
The proceedings of this public hearing will remain open for a period of 10
days from tonight or until April 9, 2021 for the filing of additional written
comments to be included in the official hearing summary.
The proceedings from the hearing will be summarized in a hearing
officer's report I will prepare for the Director of the Division of Energy,
Mineral, and Land Resources.
Please send any written comments to the following address:
Tim LaBounty or Bill Denton
Regional Engineer
Fayetteville Regional Office, DEQ
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
tim.labountykncdenn gov
[e-mail]
[e-mail]
Please note that even though the public hearing summary will close on
April 9, 2021, 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 final questions? If not, this public hearing is now adjourned.
Page 5 of 5 Rev. 3/2021

Appendix C
3/29/21
MINING PROGRAM PUBLIC HEARING PRESENTATION
As Tim LaBounty, my name is Adam Parr. My title is Assistant State
Mining Engineer with the Department of Environmental Quality, Division
of Energy, Mineral and Land Resources, Mining Program.
My job, and that of the other members of the staff, is to review all
applications for a mining permit as they relate to The Mining Act of 1971.
The Mining Act can be found on the Mining Program web page. Copies
of the Act were also mailed to those who provided written comments.
I would like to take a moment and briefly review a few specific areas of
the Act. If you would refer to G.S. §74-47, Findings, on the first page of
the Mining Act:
"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. "
On page 4 of the Mining Act, under G.S. §74-51, Permits - Application,
granting, conditions, the Act states, under subsection (b) that:
"The Department shall grant or deny the permit requested as expeditiously as possible,
but in no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department,
or if a public hearing is held, within 30 days following the hearing and the filing of any
relevant and material supplemental information reasonably required by the Department.
On page 5 of the Act, under subsection (c), the Act goes on to state:
Pagel of 5 Rev. 2021

Appendix C
3/29/21
"The public hearing shall be held within 60 days of the end of the 30-day period within any
requests for the public hearing shall be made. "
The most important information that I can present to you tonight is found
under subsection (d) beginning at the bottom of page 5 of the Act. It states:
"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 NC Wildlife Resources Commission (WRC)
on January 6, 2021 for their review and comment. WRC's comments were
received on January 28, 2021 and noted the following recommendations:
NCWRC has reviewed the application and has minimal concern with the
mines' direct impact to wildlife resources_ However, we request changes
be made to the -reclamation area to include a different seeding mix_ The
application was routed to US Fish and Wildlife (USFW) on January 6,
2021 and comments noted March 22, 2021: USFW had no comments. In
addition, the Division of Water Recourses (DWR) provided comments on
January 28, 2021 regarding impacts to ground water supplies. Their
comments included the following: The mine will -need -to obtain -a Central
Coastal _Plain _Capacity_ _Use Area_ �CCPCUAZ permit 1 the _mine is
withdrawing IOOt000 gpd_or more__ They_will -need to register their
withdrawals if they_are withdrawing 101000 gpd to IOOLOOO_gpd.
3. That the operation will violate standards of air quality, surface water quality, or ground water
quality that have been promulgated by the Department:
The application was routed to the Division of Air Quality (DAQ) and
DWR for review and comment. Comments were received from these
agencies on March 17, 2021 and February 9, 2021 respectively and noted
the following: DAQ_commented that the operation will not -violate
Page 2 of 5 Rev. 2021

Appendix C
3/29/21
standards of air quality._ The -operation -does not have a_n_existiqg air
permit,_nor is one reauired_DWR commented that the facility_ isVlacinga
rim ditch between wetlands and mine. _Mine is infiltrati z water back into
GW_._ DWR does -not require DEMLR to hold the Permit for further review
or more information.
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 contained detailed information regarding active and final
slopes at the site. There will be no blasting at this site.
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 Land Quality
Section's Washington Regional Office staff and the Raleigh Central Office
staff.
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
Page 3 of 5 Rev. 2021

Appendix C
3/29/21
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 12 of
the Act. The Act basically states that the issuance of a state mining permit,
and any transfer 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 Director of the
Division of Energy, Mineral and Land Resources, Mr. Brian Wrenn.
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 their application or file an appeal to the Office of
Administrative Hearings. In the event that the application for a mining
Page 4 of 5 Rev. 2021

Appendix C
3/29/21
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 9th of April. This gives those individuals that were unable
to attend an opportunity to comment. You may also use this time if you
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.
I will now give a brief presentation to highlight some of the details of the
application for the proposed permit.
If there are no questions, I would like to turn the program back over to Tim
LaBounty.
Page 5 of 5 Rev. 2021

Appendix D
Public Hearing for
Tim Morton Trucking LLC. Scott Farm Road Mine
March 29, 2021
Adam Parr, Division of Energy, Mineral, and Land Resources

Appendix D
Site Information
The purpose of this hearing is to receive public comment related to the mining permit application for
the operation of a sand mining operation located off US 17 Road near the town of Pollocksville in Jones
County.
• Applicant - Tim Morton Trucking, LLC
• Site Specific conditions - Site was previously mined as an NC DOT borrow pit
• Area - 32.3 Acre permit (17.4 disturbed)
• Mine depth - 35 depth max (25 ft average)
• Life of Mine - 20 year estimated life
• Mining Method — Dry Mining with Truck and loader/shovel
• Dewatering proposed (100,000 gal/day estimate)
• Reclamation - Proposed Reclamation to a lake.
Additional Information has been Requested from the Applicant to Clarify:
• Information on entry road. Scott Farm Road is non-public, so permit must be extended to State Road (US 17)
• Clarification on visual screening from Scott Farm Road.
• Proof of wells in the area and the effect of dewatering. DE
NORTH CAROLINA
Department of Environmental Duality

Appendix D
Project Location
Proposed Mine Permit Boundary (32.3 acres)
NORTH CAROLINA
Department of Environmental Duality

Appendix D
Current Conditions
wE5G�4LE�
�OPERTY • �WETLAN
Fu
�
BOUNDARY DS
Proposed Mine Permit Boundary (32.3 acres)
J�
,,
�'' �
:
MINE PERMIT BOUNDARY
AEr♦CIIiS
— 3971393 _
a nis
, 50-FT BUFFER FROM
i Disturbed area limits (17.4 acres)
{ ro PROPERTY BOUNDARY !
65•FT MI NnNM i•
BUFFER FROM WETLANDS au' 6T R/W 1717
ERLY
0-F
co
407/455 - SCOTT FARM R
e l GRAVELROAD BARN
Y _
PROPERTY ARY
M }
- (NINE P BOUNDARY]
•r WETLANDS
WETLANDS .-' SCALED
' 50-FT PROPERTY BUFFER
PROPERTY BOU N DARY , E%ISrfIN I` VEL DRIVE °7a V
INF. PERMIT .':I".IId it l.i I•:I-.I+ j TO SC ESTDENCB
d
_ HER FROM f
EX17114C
PRl 8 DRIVE
• •/f• ''\..-. I ;` POND
WYETLANDS :.•
f sc iED ,
r SCOTT
407/455 p[
Surhr4W 11017
sv.ane Inar:: 17-isiae k + RESIDENCE p
svea�� n.mr= s­n PROPERTY BOUNDARY
Oascnptlon:Fmm sonroemTreMRI.'er M [MINE. FERMIT BOUNDARY] .
cl.�:rWnon: C9'•'.N5u' au FF£R FROM W
oam.cc�..:.- nP+a wises •k .. eY
Rlver Beslm Meuse➢5 1 A
SCALED R
SCOTT CREEK
(TAKEN FRDM SOILS MAP) r • 4y . - re _ �- �o'�`-I'r u
130-YR FL(IODPLA[N'r
FOSCLfE FAMILYLIMITE❑;A�p FROM FIRM MAP]
PARTNERSH]P
274/B95 j �(:RpERTY BOUND _F.-r"'"�
1 5n'RIPARIAN BDFAERf -
e:.x5fD E
. Q
NORTH CAROLINA
Department of Environmental Duality

Appendix D
Agency Comments
• LQS RO — No Issues/No Comments
• DWR — Facility is placing a rim ditch between wetland and mine. Mine is
infiltrating water back into GW
• DWR Groundwater — Facility will need to register and obtain CCPCUA permit.
• NC WRC — Minimal impact. Requested updated seeding schedule in conditions.
• Soil & Water Conservation — No impact to CREP
• Archives and History — Aware of no historic resources and therefore no comments.
• Division of Parks and Recreation —No objections therefore no comments.
z�-�Di E
NORTH CAROLINA
Department of Environmental Duality

Questions?
F .
Adam Parr
Assistant State Mining Engineer
_ Division of Energy, Mineral and Land Resources
z= p
North Carolina Department of Environmental Quality.
1
Office: [phone]
{
:}
Cell: (919) 441-715
g
FAX: [phone]
X
Email: adart [e-mail]
\� Physical Address: 512 N Salisbury Street
Mailing Address: 1612 Mail Service Center
Raleigh, North Carolina 27699-16122 a
Mining Program Website:'
https://deq.nc.gov/mining-program
-
IT: • i

Appendix E
WRITTEN COMMENTS
Written Comments can be found at the following link:
https://edocs.deq.nc. gov/EnergyMineralLandResourcesBrowse.aspx?dbid=0&startid=2900

Appendix F
Registered Speakers for Scott Farm Road Mine Public Hearing
Start
1
CompletionID
time
3/15/2110:48:51
3/15/2110:49:35
anonymous
william
gower
williamagower@bellsout Against
D.
Yes
D. you
No
2
3/15/2110:53:13
3/15/2110:54:12
anonymous
Ethan
Koslowski
ethan.koslowski@gmail: Against
Yes
No
3
3/19/2117:20:20
3/19/2117:33:59
anonymous
Jim
Van Riper
jvanriper@embargmail.< Against
Yes
No
4
3/20/21 5:24:06
3/20/21 5:24:53
anonymous
Franky
Howard
fhoward@jonescountyni Neutral
Yes
No
5
3/23/2113:55:05
3/23/2113:57:15
anonymous
Tyndall
Lewis
[e-mail] Neutral
Yes
No

Appendix G
HEARING RECORDING
A recording of the public hearing can be found at the following link:
https://edocs.deq.nc. gov/EnergyMineralLandResourcesBrowse.aspx?dbid=0&startid=2924

Appendix H
CLIPPING OF
ADVERTISEMENT OR
LEGAL HERE
SEE ATTACHED
NORTH CAROLINA
LENOIR COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to administer
oaths, personally appeared, Cassie Groff who being first duly sworn,
deposes and says: that she is Advertising Specialist of ENC
MEDIA GROUP, engaged in the publication of a newspaper as
KINSTON FREE PRESS, published, issued, and entered as
second class mail in the City of Kinston, in said County and State; that
she is authorized to make this affidavit and sworn statement; that the
notice or other legal advertisement or advertisement a true copy of which
is attached hereto, was published in The Free Press on the
following date(s):
March 5, 2021
March 26, 2021
and that the said newspaper in which such notice, paper, document, or
legal advertisement was published was, at the time of each and every
such publication, a newspaper meeting all the requirements and
qualifications of Section 1-597 of the General Statutes of North Carolina
and was a qualified newspaper within the meaning of Section 1-597 of
the General Statutes of North Carolina.
This 8 day of April , 2021
Cassie Groff
Sworn to and subscribed before me, this 8 day of
April , 2021
My commission expires: August 5, 2022

Appendix H
CLIPPING OF
ADVERTISEMENT OR
LEGAL HERE
SEE ATTACHED
NORTH CAROLINA
CRAVEN COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified, and authorized by law to administer
oaths, personally appeared, Cassie Groff who being first duly sworn,
deposes and says: that she is Advertising Specialist, engaged in the
publication of a newspaper as NEW BERN SUN JOURNAL,
published, issued, and entered as second class mail in the City of New
Bern, in said County and State; that she is authorized to make this
affidavit and sworn statement; that the notice or other legal
advertisement, a true copy of which is attached hereto, was published in
NEW BERN SUN JOURNAL on the following date(s):
March 5, 2021
March 26, 2021
and that the said newspaper in which such notice, paper, document, or
legal advertisement was published was, at the time of each and every
such publication, a newspaper meeting all the requirements and
qualifications of Section 1-597 of the General Statutes of North Carolina
and was a qualified newspaper within the meaning of Section 1-597 of
the General Statutes of North Carolina.
This 8 day of April , 2021 Cassie Groff
Sworn to and subscribed before me, this 8 day of
April , 2021
My commission expires: August 5, 2022

Appendix H
A6 Friday, March 5, 2021 THE FREE PRESS www.Kinston.com
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 Scott Farm Road Mine'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
6:00 P.M.
March 29, 2021
Participants can join the meeting at 5:45
ONLINE: Cisco WebEx Link: https://bit.ly/3dQLOXI
Meeting Number (Access Code): 185 148 2266
Meeting Password: NCDEMLR
PHONE:
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 185 148 2266
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 clickthe following link:
https://bit.ly/3b51 LI7 or call [phone].
If you have technical difficulties, an automated voicemail will
be set up from March 29, 2021 until April 9, 2020 to receive your
verbal comments: 919-707-3645 (Please state your name before
commenting.)
5. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions for
clarification.
6. (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.
7. 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
W Telephone: [phone]
Comments may also be submitted by email to [e-mail].
US traffic deaths spike even as
pandemic cuts miles traveled
By Tom Krisher
The Associated Press
DETROIT — Pandemic
lockdowns and stay-at-
home orders kept many
drivers off U.S. roads and
highways last year. But
those who did venture out
found open lanes that only
invited reckless driving,
leading to a sharp increase
in traffic -crash deaths
across the country.
The nonprofit National
Safety Council estimates
in a report issued Thursday
that 42,o6o people died in
vehicle crashes in 2020, an
8% increase over 2019 and
the first jump in four years.
Plus, the fatality rate per
too million miles driven
spiked 2407b, the largest
annual percentage increase
since the council began col-
lecting data in 1923.
And even though traf-
fic is now getting close to
pre-coronavirus levels, the
bad behavior on the roads is
continuing, authorities say.
"It's kind of terrify-
ing what were seeing on
our roads," said Michael
Hanson, director of the
Minnesota Public Safety
Department's Office of
Traffic Safety. "We're
seeing a huge increase in
the amount of risk -taking
behavior."
Last year's deaths were
the most since 2007 when
43,945 People were killed in
vehicle crashes. In addition,
the safety council estimates
that 4.8 million people were
injured in crashes last year.
Federal data shows that
Americans drove 139/b fewer
miles last year, or roughly
2.8 trillion miles, said Ken
Kolosh, the safety council's
manager of statistics. Yet
the number of deaths rose
at an alarming rate, he said.
"The pandemic appears
to be taking our eyes off the
ball when it comes to traffic
safety," Kolosh said.
Of the reckless behaviors,
early data from the National
Highway Traffic Safety
Administration show speed
to be the top factor, Kolosh
said. Also, tests of trauma
center patients involved
in traffic crashes show
increased use of alcohol,
marijuana and opiods, he
said.
In Minnesota, traffic
volumes fell 60(/o when
stay -home orders were
issued early in the pan-
demic last spring. Hanson
said state officials expected
a corresponding drop in
crashes and deaths, but
while crashes declined,
deathsincreased.
"Almost immediately the
fatality rate started to go up,
and go up significantly,"
Hanson said, adding that
his counterparts in other
states saw similar increases.
"It created less congestion
and a lot more lane space for
divers to use, and quite hon-
estly, to abuse out there."
In late March and early
April, the number of speed -
related fatalities more than
doubled over the same
period in 2019 in the state,
Hanson said. Last year,
Minnesota recorded 395
traffic deaths, up nearly 90/o
from 364 in 2019.
Drivers also used the
empty roads to drive
extreme speeds. In 2019,
the Minnesota State Patrol's
600 troopers handed out
tickets to just over 50o driv-
ers for going over loo mph
(16o kph). That number rose
to 1,o68 in 2020, Hanson
said.
17% of food production globally
wasted, UN report estimates
By Candice Choi
The Associated Press
NEW YORK — Instead
of finishing your leftovers,
you let them go bad and
buy takeout.
It's a familiar routine
for many — and indicative
of habits that contrib-
ute to a global food waste
problem that a new United
Nations report says needs
to be better measured so
that it can be effectively
addressed.
The U.N. report esti-
mates 17% of the food
produced globally each
year is wasted. That
amounts to 931 million
metric tons (1.03 billion
tons) of food.
The waste is far more
than previous reports had
indicated, though direct
comparisons are diffi-
cult because of differing
methodologies and the lack
of strong data from many
countries.
"Improved measurement
can lead to improved man-
agement," said Brian Roe,
a food waste researcher at
Ohio State University who
was not involved in the
report.
Most of the waste —
or 610/0 — happens in
households, while food
service accounts for 26%
and retailers account for
139/o, the U.N. found. The
Students discard food at the end of their lunch period as
part of a lunch waste composting program Jan. 15 at an
elementary school in Connecticut. A United Nations report
released on Thursday estimates 17% of the food produced
globally each year is wasted. [DAVE ZAJAC/RECORD-JOURNAL VIA
THE ASSOCIATED PRESS]
U.N. is pushing to reduce
food waste globally, and
researchers are also working
on an assessment of waste
that includes the food lost
before reaching consumers.
The authors note the
report seeks to offer a
clearer snapshot of the
scale of a problem that has
been difficult to assess, in
hopes of spurring govern-
ments to invest in better
tracking.
"Many countries haven't
yet quantified their food
waste, so they don't
understand the scale of the
problem," said Clementine
O'Connor, of the U.N.
Environment Program and
co-author of the report.
Food waste has become
a growing concern because
of the environmental toll
of production, including
the land required to raise
crops and animals and the
greenhouse gas emissions
produced along the way.
Experts say improved waste
tracking is key to finding
ways to ease the problem,
such as programs to divert
inedible scraps to use as
animal feed or fertilizer.
The report found food
waste in homes isn't lim-
ited to higher income
countries such as the
United States and the
United Kingdom.
ADVERTISEMENT
NOTICE OF PUBLIC HEARING
Lenoir County is considering submitting a Small Cities Community Development
Block Grant — Economic Development (CDBG-ED) Program Application to the Rural
Economic Development Division, North Carolina Department of Commerce, for review
and approval. The application requests a $200,000 CDBG-ED Building Reuse grant that
will be loaned to Crown Equipment Corporation through a performance -based Loan
Agreement. The company will use the loan with up to a $1.2 million private investment
over five years to expand its Kinston manufacturing operation by purchasing and
renovating the adjacent, vacant 255,000 square feet building at 1800 Dobbs Farm Road.
The renovation and extension will expand its total manufacturing facility footprint to
405,000 square feet, resulting in 132 new Full-time Positions (FTP). During the first two
years of the expansion, the company will create 16 FTP, of which at least 60% of positions
will be filled by individuals having a low/moderate income before employment.
Lenoir County will conduct a Public Hearing on March 15, 2021, at 4:00 p.m. at the North
Carolina Cooperative Extension/Lenoir County Center, Auditorium Meeting Room, 1791
NC 11, Street, Kinston, 28501. The purpose of this Hearing is to obtain citizen comments
on the proposed CDBG-ED application before the Lenoir County Board of County
Commissioners considering authorizing the submittal of the application in its regular
session. Written comments received before the opening of the Public Hearing will be
considered. Written comments may be sent to Michael James, County Manager, PO Box
3289, Kinston, NC 28502
This information is available in Spanish or any other language upon request. Please
contact Mark Pope, Senior Vice -President, NCGTP, [phone], NC GTP Economic
Development Region, 3800 NC Hwy 58, Kinston, NC 28501 for accommodations for this
request.
Esta informaci6n esta disponible en espaiiol o en cualquier otro idioma bajo petici6n.
Comuniquese con, Mark Pope, Gerente, [phone], Palacio de Justicia del Condado
de Lenoir, 3800 NC Hwy 58, Kinston, NC 28501 para alojamiento para esta solicitud.
Linda Rouse Sutton, Chairman
Lenoir County Board of County Commissioners
EN-75214291

Appendix H
A6 Friday, March 5, 2021 THE SUN JOURNAL www.newbernsj.com
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 Scott Farm Road Mine'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
6:00 P.M.
March 29, 2021
Participants can join the meeting at 5:45
ONLINE: Cisco WebEx Link: https://bit.ly/3dQLOXI
Meeting Number (Access Code): 185 148 2266
Meeting Password: NCDEMLR
PHONE:
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 185 148 2266
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 clickthe following link:
https://bit.ly/3b51 LI7 or call [phone].
If you have technical difficulties, an automated voicemail will
be set up from March 29, 2021 until April 9, 2020 to receive your
verbal comments: 919-707-3645 (Please state your name before
commenting.)
5. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions for
clarification.
6. (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.
7. 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
W Telephone: [phone]
Comments may also be submitted by email to [e-mail].
ALERT
From Page Ai
U.S. Senate still had a busy
day scheduled for Thurs-
day with votes going well
into the evening. Police
beefed up their presence
in and around the Capi-
tol. About 5,20o National
Guard members remain in
D.C., the remainder of the
roughly 26,000 that were
brought in for President
Biden's inauguration in
January, which went off
with no problems.
There's also a very large
fence around the U.S. Capi-
tol perimeter that walls off
all avenues of entry includ-
ing on the streets around
the building, put in place
after Jan. 6. And Trump is
in Florida.
Rep. Michael McCaul,
R-Texas, the former
chairman of the House
Homeland Security Com-
mittee and among those
briefed about the new
threat, said lawmakers
were braced.
"I think we'll see some
violence here," he said in
an interview.
But unlike on Jan. 6, the
Capitol is now fortified
against intrusions. "We
have the razor wire, we
have the National Guard.
We didn't have that January
6. So I feel very confident in
the security."
McCaul warned there
could be another diver-
sionary tactic — much like
the pipe bombs discovered
at the political campaign
offices on Jan. 6 appeared
to be an attempt to lure law
enforcement away from
the Capitol ahead of the
insurrection.
Initially it seemed as
though the online chatter
did not rise to the level of
serious concern; an advi-
sory sent earlier this week
to members of Congress
by Timothy Blodgett, the
acting House sergeant -
at -arms, said the Capitol
GRADUATE
From Page Al
helped her through it.
She also found comfort in
assisting other students
who were having diffi-
culty, several of whom
were mothers as well.
"We all have the same
struggle with trying to
study but also be a parent,"
said Hodge. "We're trying
to come to class and also
be a parent; to help your
kids with their schoolwork
and still having your own
workload of school and
homework. We had a lot of
the same struggles but we
also all helped each other."
Hodge graduated from
the MA program in 2019
and is currently employed
at Coastal Carolina Health
Care Endoscopy Center.
She encourages other par-
ents who are in school or
thinking about starting to
not get discouraged and put
forth maximum effort.
Peter suggests all stu-
dents seek assistance from
an advisor to make sure they
pursue a career path that is
optimal for their interests
and circumstances. Advi-
sors can also direct students
to various scholarships and
CLINICS
From Page Al
carolinaeasthealth.com/
education -and -resources/
covid- 19 -updates/ or by
calling 252-633-8o99•
While the clinics are
aimed at underserved
communities, both Smith
and McCabe were careful
to point out that they are
open to anyone. "It's not
just for the African Ameri-
can community. It's for
everyone," McCabe said.
Police had "no indication
that groups will travel to
Washington D.C. to pro-
test or commit acts of
violence."
But that advisory was
updated in a note to law-
makers Wednesday
morning. Blodgett wrote
that the Capitol Police
had received "new and
concerning information
and intelligence indicat-
ing additional interest in
the Capitol for the dates of
March 4th - 6th by a militia
group."
Acting Capitol Police
Chief Yogananda Pittman
said during House testi-
mony Wednesday that her
investigators had collected
"some concerning intel-
ligence," but declined to
provide any details pub-
licly, saying that it was "law
enforcement sensitive" and
that she would provide a
private briefing for the sub-
committee members.
Meanwhile, federal
agents found no significant
increases in the number of
hotel rooms being rented
in Washington, as well as
monitoring flights to the
area, car rental reserva-
tions and any buses being
chartered to bring groups
into the capital, a person
familiar with the matter
told The Associated Press.
The person could not pub-
licly discuss details of the
security planning and
spoke on the condition of
anonymity.
The FBI and Department
of Homeland Security
also sent a joint intelli-
gence bulletin to local law
enforcement officials
Tuesday warning that a
group of militia extrem-
ists had discussed trying to
take control of the Capitol
on March 4 and encour-
aging thousands of people
to come to D.C. to try to
remove Democrats from
power.
But there has been a
noticeable decline in online
activity on some social
media platforms surround-
ing efforts on March 4, and
there was already consid-
erably less online chatter
than during the lead -up to
Jan. 6, a day that Trump
repeatedly had promoted
for a his rally and encour-
aged thousands to come to
the nation's capital.
Several QAnon groups
still operating on the social
media messaging platform
Telegram warned fol-
lowers to stay away from
any events on March 4,
claiming it was a setup for
Trump supporters. Also,
thousands of accounts that
promoted the Jan. 6 event
that led to a violent storm-
ing of the U. S. C apitol have
since been suspended by
major tech companies like
Facebook and Twitter,
making it far more difficult
for QAnon and far -right
groups to organize a repeat
of the mass gathering.
Twitter banned more
than 70,000 accounts after
the riots, while Facebook
and Instagram removed
posts mentioning "stop the
steal," a pro -Trump rally-
ing cry used to mobilize
his supporters in Janu-
ary. And the conservative
social media platform
Parler, which many of
Trump's supporters joined
to promote false election
fraud conspiracy theories
and encourage friends to
"storm" the Capitol on Jan.
6, was booted off the Inter-
net following the siege.
So far, about 300 people
have been charged with
federal crimes for their
roles in the riot. Five
people, including a Capitol
Police officer, died.
Since his defeat, Trump
has been promoting lies
that the election was
stolen from him through
mass voter fraud, even
though such claims have
been rejected by judges,
Republican state officials
and Trump's own adminis -
tration. He was impeached
by the House after the
Jan. 6 riot on a c harge of
incitement of insurrection
but was acquitted by the
Senate.
Craven CC 2019 Medical Assisting program graduate
Jasmine Hodge is currently employed at CCHC Endoscopy
Center. She recognizes her positive experience at Craven CC
as a huge factor in her employment success. [CONTRIBUTED
PHOTO] [CONTRIBUTED]
financial assistance through
the Craven CC Founda-
tion, as well as grants that
help community college
students complete their
education when facing
unexpected challenges.
"In order for students
like Jasmine to be success-
ful at juggling school and
motherhood, we provide
not only academic advising
but we do provide finan-
cial assistance for those
who are struggling finan-
cially," said Peter. "It is
important for students like
"You do not have to be
from this area," he added
- in fact, you don't have
to be from Craven County.
The clinics are open to all
North Carolinians. "We're
here to serve everyone," he
emphasized.
But the county is going
out of its way to reach out
to the underserved - that
is, people living father from
urban centers, who may not
have computer access or
who may not be as literate
with modern technology
and who therefore have a
harder time lining up vac-
cine appointments.
Jasmine to have someone
who provides continuous
encouragement, hope and
a very good listening ear.
At Craven, that is what we
provide."
Applications for the MA
program at Craven CC
are now being accepted
through May 31, 2021. The
program starts in August.
For more information, visit
cravencc.edu/academics/
degrees/medical- assisting
or contact Alexa Tarplee,
MA program coordinator,
at 252-638-1031.
Smith pointed out that
the county system has a
telephone bank that people
call to register for a lim-
ited number of vaccines.
"People who know how to
make appointments by cell
phone or computer will
flood those registrations;
some folks can't call in in
time," she said. ""These
people, we call them, and
the health dept as well.
They try to make places for
these people that's missing.
"We want every person
that wants the vaccine to
have an opportunity to take
it," she noted.

Appendix H
A6 Friday, March 26, 2021 THE FREE PRESS www.Kinston.com
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 Scott Farm Road Mine'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
6:00 P.M.
March 29, 2021
Participants can join the meeting at 5:45
ONLINE: Cisco WebEx Link: https://bit.ly/3dQLOXI
Meeting Number (Access Code): 185 148 2266
Meeting Password: NCDEMLR
PHONE:
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 185 148 2266
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 clickthe following link:
https://bit.ly/3b51 LI7 or call [phone].
If you have technical difficulties, an automated voicemail will
be set up from March 29, 2021 until April 9, 2020 to receive your
verbal comments: 919-707-3645 (Please state your name before
commenting.)
5. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions for
clarification.
6. (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.
7. 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
W Telephone: [phone]
Comments may also be submitted by email to [e-mail].
Cooper seeKS debt
0
package, pay hikes,
Medicaid expansion
By Gary D. Robertson
The Associated Press
RALEIGH — North
Carolina Democratic Gov.
Roy Cooper on Wednesday
proposed
a spend-
ing and
borrowing
spree by
state gov-
ernment
Cooper that he said
is critical to
fulfilling education, health
care and infrastructure
demands that were evi-
dent before the pandemic
but have been exacerbated
since.
With state coffers filled
with unspent funds and $5
billion of additional federal
coronavirus relief dollars
arriving, Cooper pitched
a two-year state budget
plan he said is affordable
and ensures North Caro-
lina continues a vigorous
recoveryfromthe COVID-
19 recession.
"This is the time to find
opportunity in crisis,"
Cooper said at a virtual
news conference to unveil
the plan, which would
spend $27.3 billion next
year alone. "With the right
priorities, we'll not only
beat this pandemic, but
build lasting success for
North Carolina."
The recently reelected
governor will have to win
over Republicans who still
control the legislature and
often don't see eye -to -eye
with him on spending and
tax priorities. The General
Assembly will consider
his requests as House and
Senate Republicans fash-
ion a budget bill and put in
on Cooper's desk. The new
fiscal year begins July 1.
The governor and
Republican leaders have
expressed guarded opti-
mism that they'll work out a
budget bill that Cooper can
sign. Two years ago, a con-
ventional budget was never
implemented because of
an impasse between the
two branches that cen-
tered on Cooper's resolve
for Medicaid expansion,
something that he pitched
again on Wednesday. But
Republicans still appear
entrenched in opposing
expansion.
"Everything is up for
negotiation," Cooper said.
Cooper's package, which
covers expenditures and
taxesthrough mid-2023,
would include large raises
for existing public school
teachers — more than lo%
on average over two years
— school support staff
(over 7.507b) and Univer-
sity of North Carolina and
community college system
employees (over 7.507o).
Higher education work-
ers and K-12 support staff
have received no perma-
nent state -funded raises
the past two years, and
teachers only received
experience -based
increases that averaged
1.207c. Cooper's also wants
to give $2,000 bonuses this
spring for all educators
and support staff in addi-
tion to $1,000 bonuses in
each of the next two fiscal
years. Rank -and -file state
employees also would get
the $1,000 bonuses on top
of a 5-plus % permanent
pay increase.
Cooper says he's com-
mitted to public education
spending improvements
in order to comply with
longstanding school fund-
ing litigation. Cooper's
administration presented
a plan to a judge last week
that would spend at least
$5.6 billion more for edu-
cation through 2028.
In a separate document
released Wednesday, the
governor's office identi-
fies almost $1.6 billion in
the budget toward meet-
ing those education goals,
including pay raises and
more funding for at -risk
students, additional school
nurses and counselors and
early childhood education.
Cooper separately
pitched a $4.7 billion bond
referendum this fall for
public school and higher
education construction
and for government build-
ings, including the new
East Carolina University
medical school. Cooper
has been able to ally with
House Republicans on
issuing new debt. Senate
Republicans have preferred
paying for projects with
cash. There's another $1.1
billion in cash earmarked
for construction.
Cooper wants to rein-
state the state's earned
income tax credit, which
was repealed by Republi-
cans nearly a decade ago.
He also proposed a child
and dependent care credit,
at a combined cost of $366
million next year. The EITC
alone would help 850,000
low-income families.
Republicans have taken
a different approach to
income taxes since taking
over the legislature in
2011 by scaling back spe-
cial carve -outs, reducing
income tax rates and
substantially raising the
amount of income that
isn't taxed at all. Senate
Republicans, who will draft
the first legislative budget
and expect to send it to the
House by early May, filed
a standalone bill Tuesday
to reduce the individual
income rate and increase
standard deductions.
Sen. Brent Jack-
son, a Sampson County
Republican and a chief
budget -writer, said in a
news release he was wor-
ried about the "very high
spending growth and bil-
lions in borrowing" that
Cooper proposed: "We
don't want to return to an
era of rollercoaster- style
budgets with huge spikes
in the boom years fol-
lowed by huge cuts in the
lean years."
N.C. court to decide if voter
defamation lawsuit can proceed
By Bryan Anderson
Associated Press/
Report for America
RALEIGH — A North
Carolina appeals court panel
will soon decide whether a
libel complaint can proceed
to trial over false accusa-
tions that representatives
of former Gov. Pat McCrory
made in 2o16 alleging sev-
eral voters had unlawfully
cast multiple ballots, were
ineligible due to a felony con-
viction or voted in the name
of dead people.
If allowed to go to trial
and ultimately successful,
the lawsuit could provide a
pathway for lawmakers and
their supporters to be penal-
ized for making inaccurate
voter fraud claims in future
elections. A hearing was held
Wednesday after McCrory's
side appealed a lower court's
decision to advance the case
to trial.
McCrory, a Republi-
can who narrowly lost his
reelection bid in 2o16 to
Democrat Roy Cooper, is
not personally listed as a
defendant in the complaint
the Southern Coalition for
Social Justice brought for-
ward on behalf of voters
from Brunswick and Guil-
ford counties in 2017. The
group is instead target-
ing those that supported
last-ditch efforts to have
McCrory overcome a more
than 10,000-vote loss after
Election Day.
William Clark Porter, a
GOP official in Greensboro;
the Pat McCrory Commit-
tee Legal Defense Fund; the
Holtzman Vogel Josefiak
Torchinsky law firm and
four of the Warrenton, Vir-
ginia -based firm's attorneys
are named in the complaint.
The lawsuit accuses
McCrory's supporters of
participating in a "civil
conspiracy" that harmed
voters' reputations. Dam-
ages exceeding $25,000 are
being sought as a result.
More than four years after
the lawsuit was filed, the
voters and McCrory sup-
porters are still fighting over
whether a trial should be
able to go forward. A three -
judge panel of the state Court
of Appeals on Wednes-
day heard arguments from
both sides, with two judges
who are registered Demo-
crats appearing to more
aggressively question the
pro -McCrory side. The lone
judge on the panel regis-
tered as a Republican asked
more questions to those that
brought forward the lawsuit
but did not signal support for
one side over the other.
Craig Schauer, a
Raleigh -based attorney
representing McCrory's
supporters, argued his clients
have the absolute right to
have made their statements
about unlawful ballots at that
time, regardless of whether
it is considered defamatory.
He said a successful law-
suit would "chill speech"
by dissuading people from
speaking out on potential
voting irregularities.
"It's going to result in the
most vulnerable people in
our society being the ones
who are least likely to speak
up," Schauer told the panel.
"It's those who can least
afford to defend themselves
against a defamation lawsuit
who are going to be the first
ones to no longer speak up
and raise their concerns."
The three judges are not
evaluating whether the
voters were defamed and
should be compensated for
reputational damage they
may have incurred. Rather,
they are tasked with decid-
ing whether the defendants
enjoy a so-called "absolute
privilege" and a trial can
proceed.
Pressly Millen, a Raleigh
attorney representing
the voters, argued during
Wednesday's hearing that
Porter, the law firm, the
attorneys, and McCrory's
legal defense fund all partici-
pated in the election protest
and qualify to be sued. He
took particular aim at the
Virginia -based law firm.
"They are saying, in effect,
`Let us come into North Car-
olina, secretly cause chaos
in your election process by
defaming innocent voters
and then head back to Vir-
ginia scot-free, no sanctions,
no discipline, no civil liability
(and say), `Thank you, abso-
lute privilege."'
If the appeals court rules
in favor of a trial, McCrory's
side could still appeal the
decision to the state Supreme
Court. Jeff Loperfido, senior
counsel for voting rights for
the group bringing forward
the lawsuit against McCrory
representatives, expects a
decision from the panel in
the coming months and said
his organization would likely
appeal if the court doesn't
send the case to trial.

Appendix H
A6 Friday, March 26, 2021 THE SUN JOURNAL www.newbernsj.com
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 Scott Farm Road Mine'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
6:00 P.M.
March 29, 2021
Participants can join the meeting at 5:45
ONLINE: Cisco WebEx Link: https://bit.ly/3dQLOXI
Meeting Number (Access Code): 185 148 2266
Meeting Password: NCDEMLR
PHONE:
Cisco WebEx by Phone: [phone] US TOLL
Meeting number (access code): 185 148 2266
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 clickthe following link:
https://bit.ly/3b51 LI7 or call [phone].
If you have technical difficulties, an automated voicemail will
be set up from March 29, 2021 until April 9, 2020 to receive your
verbal comments: 919-707-3645 (Please state your name before
commenting.)
5. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions for
clarification.
6. (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.
7. 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
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11
New York
Gov. Andrew
Cuomo
speaks
Wednesday
during
a news
conference
at his offices
in New York.
[BRENDAN
MCDERMID/
POOLPHOTO
VIA THE
ASSOCIATED
PRESS]
Reports: Cuomo's family got
access to scarce COVID testing
The Associated Press
ALBANY, N.Y. — Rela-
tives of New York Gov.
Andrew Cuomo and
others with connections
to him received special
access to coronavirus
tests a year ago when test-
ing was scarce, according
to published reports in
newspapers.
Members of Cuomo's
family including his
brother, CNN journalist
Chris Cuomo, his mother
and at least one of his sis-
ters were tested by top
health department offi-
cials, some of them several
times, according to the
Times Union of Albany.
The testing of people
closely tied to the Demo-
cratic governor was carried
out by high-ranking state
health officials, The New
York Times reported. It
mostly happened in the
early days of the pandemic
in March 2020.
The newspapers cited
multiple people with direct
knowledge of the testing
but did not identify them.
Rich Azzopardi, a
spokesperson for Cuomo,
did not explicitly deny
that the administration
had extended special treat-
ment to people close to the
governor but sought to dis-
pute the notion.
"In the early days of this
pandemic, when there
was a heavy emphasis on
contact tracing, we were
absolutely going above
and beyond to get people
testing," Azzopardi said
in a statement to the news-
papers, adding that the
effort included "in some
instances going to peo-
ple's homes — and door -to
door -in places like New
Rochelle — to take samples
from those believed to have
been exposed to Covid in
order to identify cases"
and to prevent others from
developing the disease.
Chris Cuomo was diag-
nosed with COVID-19
in late March of 2020.
The CNN anchor was
swabbed by a top state
health department doctor
who visited his Hamptons
home to collect samples
from him and his family,
people with knowledge of
the matter told The Wash-
ington Post, which did not
identify them.
In a statement late
Wednesday, CNN spokes-
person Matt Dornic said:
"We generally do not get
involved in the medical
decisions of our employ-
ees. However, it is not
surprising that in the
earliest days of a once -
in -a -century global
pandemic, when Chris
was showing symptoms
and was concerned about
possible spread, he turned
to anyone he could for
advice and assistance, as
any human being would."
The same doctor who
tested Chris Cuomo,
Eleanor Adams, now a
top adviser to the state
health commissioner, also
was enlisted to test other
Cuomo family members,
two people familiar with
the program told The
Washington Post.
The coronavirus test
specimens were then
rushed to the Wadsworth
Center, a state public
health lab in Albany,
where they were processed
immediately, the people
said.
News of the priority
testing program comes as
the third -term governor
battles controversies on
multiple fronts, includ-
ing an investigation by
the state attorney general
into allegations of sexual
harassment, which Cuomo
has denied, and a federal
inquiry into the state's
reporting of COVID-19 in
nursing homes.
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