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Home My WebLink About20210730_NOVROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quaitty July 30, 2021 NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT CERTIFIED MAIL — 70171070 00001776 4907 RETURN RECEIPT REQUESTED Hood Creek Soils Company, LLC Attn: Raymond Hoffinan, Mine Manager 205 Walnut Street Statesville, NC 28677 CERTIFIED MAIL — 7017 1070 00001776 4914 RETURN RECEIPT REQUESTED The Wall Law Firm, PLLC Attn: Dan Wall, Member Manager 2310 Garner Road Raleigh, NC 27610 Dear Mr. Hoffman and Mr. Wall: This is to inform you that you and/or your firm are/is violating the Mining Act of 1971 by operating a mine without a permit as required by North Carolina General Statutes (hereinafter NCGS) 74- 46, et seq., as amended. On July 2, 2021, personnel of this office inspected a mining operation being undertaken off Hoods Creek Road in Caldwell County. Personnel of this office have also determined that you and/or your firm are the operator of this mine. The area affected at the site by mining -related activities was measured to be 1.2 acres in size. Pursuant to G.S. 74-50 of the Mining Act of 1971, no person may operate a mine without first obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS 74-49 as: The breaking of the surface in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils, and other solid matter from its original location; and/or North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway'10 1 Swannanoa, North Carolina 28778 YGF1iF. t';a{lit .�/ o.ornm.m lm,mma.r� r 828.296.4500 Notice of Violation for Mining without a Permit Hoods Creek Soils Company, LLC July 30, 2021 Page 2 of 3 The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use. "Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth (NCGS 74-49(6)). Because you are in violation of The Mining Act of 1971 you are directed to immediately halt the above -mentioned mining operation until you have obtained a valid mining permit from this Department. Please contact this office immediately at 828-296-4500 to indicate your intention to comply with the Act. In addition, you must take the following corrective actions to bring this site into compliance: No mining operations may be conducted until a mining permit is issued for this site. 1. In the event that your application for a permit is approved, you must post a bond or other form of security acceptable to the Department to ensure that the affected area will be reclaimed when your mining operation has terminated. The bond does not have to be submitted concurrent with the application for a permit. 2. Pending the decision to approve or deny your application for a permit, you must take the following corrective actions to restore or repair any damage that has resulted from your unlawful mining activity: 3. Please respond in writing within 30 days of receipt of this Notice. Your response should be sent my attention at NCDEQ, DEMLR, Attn: Stanley Aiken, 2090 US Hwy 70, Swannanoa, NC 28778. Your response should minimally address the following: 1) DEMLR Central Office is in receipt of a mining permit application for Hoods Creek Soils. To date the mining permit has not been issues for the subject site. Please explain in writing why the mining site disturbance occurred prior to receipt of the mining permit. Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to $5,000.00 per day for each day of a continuing violation. A penalty may be assessed for violations committed prior to your receipt of this notice. A penalty will be assessed for violations committed after receipt of this Notice. Should you fail to comply with the terms of this Notice within the prescribed time frames, additional enforcement action will be taken. Such action may result in the issuance of an injunction or the imposition of a criminal penalty. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. Notice of Violation for Mining without a Permit Hoods Creek Soils Company, LLC July 30,2021 Page 3 of 3 The subject site will not be considered in compliance with the Act until you have obtained a valid mining permit and/or satisfactorily completed the required reclamation work. Please do not hesitate to contact either Shawna Riddle or me regarding any questions you might have on this matter. Sincerely, tanley E. Aike E Regional Engi r Land Quality Section Attachments: Inspection Report ec: David Miller, PE, State Mining Engineer, (david.miller(a',mcdenngov) Adam Parr, PE, Assistant State Mining Engineer, (adam.parrruncdem.eov) North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ❑ PERMITTED MINE SITE ® UNPERMITTED MINE SITE 1. MINE NAME: Hood Creek Soils 2. MINE LOCATION: off Hoods Creek Road 3. COUNTY: Caldwell 4. RIVER BASIN: Catawba 5. CASE: 6. OPERATOR: Hood Creek Soils Company, LLC 7. ADDRESS: 205 Walnut Street, Statesville, NC 28677 8. MINING PERMIT #: ® N/A 9. PERMIT EXPIRATION DATE: 10. PERSON(S) CONTACTED AT SITE: 11. PICTURES? ® Yes ❑ No TAKEN BY: Shawna Riddle 12. TYPE OF INSPECTION: ® A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: 1.2 ac. (attach sketch map) 2. How was this area measured? Range Finder/Wheel Measured by: Shawna Riddle ❑ B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 14. Any mining since that date? ❑ Yes ❑ No If yes, cite evidence of such mining activity: ® N/A 15. Was mine operating at time of inspection? ❑ Yes 2 No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes 11 No V no, explain: N/A If 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No no, explain: N/AV If 18. Is there any off -site damage? A. ❑ Yes B. ® No C. ❑ None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ® Yes ❑ No Explain: Measures installed are not being maintained. 19. Corrective measures needed and/or taken: 1. Cease all mining activity. 2. Stabilize all disturbed areas with a groundcover. 20. Other recommendations and comments: Site visit due to a complaint. Mine application has been received in Central Office. Permit has not been approved. Submit in writing explaining why the disturbance occurred prior to receipt of the mining permit. No additional mining activity is to take place on the site until mining permit has been approved and issued. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed ® N/A 22. Follow-up inspection needed? 0 Yes 1J No Proposed date 23. No. of additional pages of Inspection Report ® 24. Copy of Report INSPECTED BY: '91aWha U& Telephone No: 019-302-5311 cell to operator with NOV DATE 07/02i21 Copy to file Copy to operator Copy to Mining Specialist