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HomeMy WebLinkAboutHood_Creek_Hearing_Report_FinalROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality HOOD CREEK SOILS COMPANY, LLC. NEW MINING PERMIT APPLICATION PUBLIC HEARING Hearing Report Hearing Officer: Zahid Khan August 26, 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 NORTH CAROLINA - OepanmeMalEnvimnmenWQualN e` 919.707.9200 TABLE OF CONTENTS: ❖ Hood Creek Soils Company, LLC. New Mining Permit Application Public Hearing Summary ❖ List of Issues from the Oral and Written Comments Provided in Response to Hood Creek Soils Company, LLC. New Mining Permit 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 DocuSign Envelope ID: 2F6D2FOF-OE8D-4BB5-86C4-A76DFD7D395A HOOD CREEK SOILS COMPANY, LLC. NEW MINING PERMIT APPLICATION PUBLIC HEARING SUMMARY PURPOSE OF HEARING To receive public comment related to Hood Creek Soils Company, LLC.'s request for a new mining permit for the operation of a soil and rock mining operation located off SR 1307, Hood's Creek Rd., near the town of Lenoir in Caldwell 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 August 26, 2021. The hearing was held on August 26, 2021, from 7:00 PM to 8:11 PM. DEPARTMENT OF ENVIRONMENTAL QUALITY Zahid Khan, Hearing Officer, Mooresville Regional Office Regional Engineer, Division of Energy, Mineral, and Land Resources (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, Josh Kastrinsky, Public Information Officer, DEMLR OPENING Zahid Khan called the hearing to order at 7:00 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. Zahid Khan stated that the proceedings would remain open for a period of ten days following the hearing for additional comments. Zahid Khan then explained the action for which the mining permit application is required: "The applicant proposes to operate a soil and rock mining operation located off SR 1307, Hood's Creek Rd., near the town of Lenoir in Caldwell 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 Zahid Khan and Adam Parr are attached as Public Hearing Format and Land Quality Section Public Hearing Presentation. 9 people registered for the event and all 9 people desired to speak. Page 1 of 4 DocuSign Envelope ID: 2F6D2FOF-OE8D-4BB5-86C4-A76DFD7D395A 9 people who registered to speak provided oral comments during the hearing. There were 2 people who called the Mining Program before the meeting to provide comments. In total there were 11 speakers. ORAL COMMENTS Prehearing Speakers Lynda Renegar — Ms. Renegar called to ask about the details of the hearing and how to call in if the intemet was not available. Kiersten Raynor — Mr. Raynor commented that she and her husband suffer from asthma and are concerned about dust and pollutants. She also commented that there were wells in the area that could be impacted and that there is too much industrial waste in the state already. She commented that the mine will bring down property values. Speakers During the Hearing. Mark Parsons — Mr. Parsons commented that there is no county water in the area and that everyone in the area is on a well. The cost to repair a well from blast damage is 15 to 20 thousand dollars. Mr. Parsons questioned who would pay for the repair and stated it would most likely not be the county. Mr. Parsons commented that the operator started before securing a permit which is against the law. He also commented that there is already too much truck traffic on the road from the nearby landfill. Mr. Parsons commented that the mining operation is a project with very high risks and little rewards, offering few jobs while creating safety and environmental hazards. Kristie Parsons — Ms. Parsons commented that she has lived in the area for the last 20 years and noted that it is an impoverished area. She commented that the landfill 2 miles away is already a depressing factor. Ms. Parsons stated that the blasting noise, traffic, and general operations will affect air and soil quality. She commented that blasting will cause structural damage to homes and wells and will also produce flyrock. Ms. Parsons also mentioned the fact that the applicant, Mr. Hoffman, started operating without a permit and has caused sediment to leave the property on the road. Jimmie Bryant — Mr. Bryant commented that previous operations produced flyrock that damaged his property. He stated that the blasting is a safety issue and that he did not feel safe on his property if there was blasting in the vicinity. He commented that he had sent previous information to DEQ regarding flyrock but was never provided a copy of the blast report and no action was ever taken. Mr. Bryant commented that he as a constitutional right to live safely on his property without fear from neighboring activity. Sharon Bryant — Ms. Bryant commented that the community is disenfranchised and already home to a landfill. Environmental Justice should prevent another similar activity. Dust from blasting could cause silicosis as well as hazards to homes and school busses if there is flyrock. Ms. Bryant commented that the property is not properly zoned, the applicant submitted an incomplete application and that the applicant started work without a permit. She commented that the permit approval will endanger the health of the community, the quality of the freshwater streams and ground water. Ms. Bryant also commented that the information provided in the application is not accurate. Joyce McCormick — Ms. McCormick commented that she has been a resident of the county for 42 years and noted that the operation is very close to residential areas and that access to the site is poor on the current road infrastructure. She commented that truck traffic will endanger people on the roads. Ms. McCormick also commented that the operation will lead to habitat destruction, air quality issues, ground water contamination, and noise issues. Page 2 of 4 DocuSign Envelope ID: 2F6D2FOF-OE8D-4BB5-86C4-A76DFD7D395A Ronny Hendrix — Mr. Hendrix commented that the operation will cause groundwater issues, sedimentation to surface waters, dust, and it will ruin property values of those living near the operation. He mentioned that the area feels like it is unfairly targeted because of the nearby landfill and other "super sites" in the vicinity. Mr. Hendrix also commented that the hearing was held too soon without enough notice and that the virtual format was not adequate. Bobby Miller — Mr. Miller commented that the area proposed for the mining operation is too small and that there will be inadequate buffer. Mr. Miller commented that under denial criteria 2, the operation will have an adverse effect on drinking water as the operation will cause soil, sediment, and chemical to leach into surface water and springs. He commented that under denial criteria 4, the operation poses a direct and physical hazard to neighboring properties from blasting flyrock. He commented that noise from the crushing operation and blasting qualifies as pollution. Mr. Miller was concerned that the operation will ruin neighboring property value. Mr. Miller also had a follow-up question to ask whether the mine would be restricted to a 20-foot depth. Jenny Wheelock — Ms. Wheelock commented, as the Planning Director for the city of Lenoir, that 39 acres of the 84-acre parcel, are located in the city extra -territorial planning jurisdiction (ETJ) and that the land zoned residential would most likely not be eligible to be up zoned in the ETJ. She requested that revisions be made to the mine map to show the area within the ETJ, and that this area be utilized for a vegetative buffer. Raymond Hoffman (applicant)— Mr. Hoffman commented that they have made improvements to the property and some of the work from the previous landowner has been blamed on himself. Mr. Hoffinan commented that Hood Creek Soils, LLC intends to be good neighbors and that they are willing to meet with neighbors to provide further information if necessary. A recording of the above comments can be found at the following link: https:Hedocs.deq.nc. gov/EnergyMineralLandResources/Browse.aspx?dbid=0&startid=3634 WRITTEN COMMENTS As a part of the official record of this public hearing, the following written comments are attached: 1. Email from Mark Parsons dated June 1, 2021. 2. Email from Jimmie and Sharon Bryant dated June 2, 2021. 3. Email from Mark Parsons dated June 2, 2021. 4. Email from Shelley Stevens dated June 3, 2021. 5. Email from Sharon Bryant Dated June 3, 2021. 6. Email from Jimmie Bryant dated June 4, 2021. 7. Email from Mark Parsons dated June 8, 2021. 8. Email from Kristie Parsons dated June 8, 2021. 9. Letter from Mary Carswell received June 11, 2021. 10. Letter from Billy Carswell received June 11, 2021. 11. Email from Abby Parsons dated June 21, 2021. Page 3 of 4 DocuSign Envelope ID: 2F6D2FOF-OE8D-4BB5-86C4-A76DFD7D395A 12. Email from Gracie Parsons dated June 21, 2021. 13. Email from Sharon Bryant dated June 23, 2021. 14. Letter from John Parsons received June 29, 2021. 15. Letter from Bessie Parsons received June 29, 2021. 16. Email from Sharon Bryant dated August 23, 2021. 17. Phone call from Joyce McCormick transcribed to email by Josh Kastrinsky received on August 24, 2021. 18. Email from Sharon Bryant dated August 24, 2021. 19. Email from Jenny Wheelock dated August 25, 2021. 20. Email from Mark Scott dated August 26, 2021. 21. Email from Brian Flook dated August 27, 2021. 22. Email from Shannon Flook dated August 27, 2021. 23. Email from Sandi Layell dated August 30, 2021. 24. Email from Sharon Bryant dated September 2, 2021. 25. Email from Raymond Hoffinan dated September 3, 2021. 26. Email from Sharon Bryant dated September 4, 2021. CLOSING COMMENTS Zahid Khan thanked everyone for attending and for their comments and presentations. Zahid Khan stated that the Department would review the items presented at the hearing as they relate to N.C.G.S. §74-51 of the Mining Act of 1971. Zahid Khan reiterated that the proceedings would remain open for a period of ten days following the hearing, which is September 5, 2021, for filing of any addition comments or statements. The hearing adjourned at 8:11 PM. Respectfully submitted by: EDocuSigned by, A,• 42CFABFC5B8C459... Zahid Khan Regional Engineer Hearing Officer Date: September 24, 2021 Page 4 of 4 LIST OF ISSUES FROM ORAL AND WRITTEN COMMENTS PROVIDED IN RESPONSE TO THE HOOD CREEK SOILS COMPANY, LLC. NEW MINING PERMIT APPLICATION PUBLIC HEARING Comment Summary Oral comments were given during the public hearing held on August 26, 2021. Written comments were received prior to the public hearing and throughout the comment period which closed on September 5, 2021. The comments have been grouped into general topic areas and outlined below. Reclamation Plan (Denial Criteria d(1)) Comments were provided that addressed the current state of the site and the requirement to reclaim post mining. The site was previously used as a 5 acre borrow pit by the previous owner; however, the site was not reclaimed and there were concerns this action of mining and non -reclaiming would repeat. Issues With The Application Denial Criteria d(1)) Comments were provided that addressed the incomplete information provided in the application. There were concerns that proper notice was not provided to all adjoining property owners and municipalities. Comments were also provided that addressed the denial of the Erosion and Sediment Control (E&SC) plan by the Asheville Regional Office before the mining application was submitted. Comments questioned why the mining application would be allowed to continue at the state level if the zoning had been denied at the local level. Groundwater/Well Supplies (Denial Criteria d(2)) Comments were provided that addressed the impact blasting at the mine would have on neighboring wells and the potential to cause the wells to go dry. There were concerns with sediment and chemicals will leach into surface water and springs that are utilized for drinking water. Impact To Wildlife And Fisheries (Denial Criteria d(2)) Comments were provided that addressed the impact the mine would have on local wildlife habitat. Comments also addressed the impact offsite sediment would have on wildlife in nearby creeks and streams. Surface Water Quality (Denial Criteria d(3)) Comments were provided that addressed soil erosion and surface water contamination. There were comments that stated that sediment leaving the site would damage creeks and the quality of the surface waters. It was noted that some of the creeks in the area are listed as impaired water quality and that and further sedimentation would exacerbate the problem. Comments also addressed the E&SC plan that was provided to the Department within the mining application and questioned why the application could continue given the comments of the Asheville Regional Office on the mining application. Page 1 of 3 Air Quality (Denial Criteria dQD Comments were provided that addressed the dust and other air pollutants from blasting activities, crushing activities, and other mining activities. There were concerns about silicates in the air that would contribute to air pollution and potentially cause silicosis. There were also comments that addressed the concern of dust leaving the property and becoming a nuisance and health issue to adjoining property. Blasting And Impacts To Nei _ hb�oring Structures (Denial Criteria d(4)) Comments were provided that addressed the affect blasting would have on neighboring houses, schools, and churches. Comments addressed the dust from blasting, vibrations damaging property and wells, and the potential for flyrock. Experiences from previous operations have caused concerns with flyrock damaging neighboring properties and flyrock landing in the roadways outside of the permit area. Notice Of Violation For Mining Without Permit (Denial Criteria d(7 Comments were provided that addressed the Notice of Violation that was issued to the operator for mining without a permit. Comments questioned the likelihood the operator would abide by the laws if they were already violating the laws and starting the operation before acquiring a mining permit. Comments addressed the dirt and sediment that were present in the road from the work that was being completed without a mining permit. Comments were provided that addressed the previous activity at this location and questioned whether they were permitted. There were questions raised as to why the previous activity was not regulated and how, if this site was already used as a single use borrow pit, it could be used again as a mine. Noise Comments were provided that addressed the noise coming from the mining equipment as well as the blasting operations. There were comments that stated that noise alone is considered a pollutant and that it would impact animal habitat. Blame For Previous Operations Comments were provided by the applicant that addressed the problems from past operations at this location. It was noted that many of the issues raised during the public hearing could be attributed to the previous operation and should not be associated with the new mining permit application and proposed operation. Property Value Comments were provided that addressed the impact the mining operation would have on property values. It was noted that there is already an existing landfill in the area and a second industrial activity would severely impact property values. Comments were made that addressed current high end housing developments in the area and how the remote, serene environment would be ruined by the mining operation, thus creating an undesirable situation, and decreasing value to the planned developments. Page 2 of 3 Traffic And HeM Equipment Comments were provided that addressed the impact heavy equipment and truck traffic would have on local roads. It was noted that many of the roads in the area are not wide enough for the increase in truck traffic. It was a concern that the current infrastructure could not support the increase in truck traffic. There were also concerns that a school bus would not have enough room to pass any heavy equipment or truck traffic on the nearby roads. Environmental Justice Comments were provided that addressed the socioeconomic status of the community and the other industrial actives in the area. Questions were raised as to whether mining, as another industrial activity, would be allowed under environmental justice standards. There were concerns about the 645-acre landfill currently in operation and the nuisance it has already created in the community. There were concerns that this area was being unjustly targeted for use of industrial activities because it is an impoverished area. Public Hearing Comments were provided that addressed the format of the public hearing and questioned why the hearing was held virtually rather than in person. Comments were provided that addressed the limited internet access and cell phone service in the community, which made it difficult to attend the virtual hearing. It was noted that during the hearing the technical issues made it difficult to access the hearing and understand all the speakers once the hearing began. Zoning Ordinances Comments were provided that addressed local zoning and required buffers for residential zoning in the City of Lenoir ETJ. It was noted that approximately 39 acres of the 84-acre parcel are zoned rural residential and currently do not allow mining as an activity, and that it was unlikely that the property would be up zoned. Page 3 of 3 Appendix A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MIFNERAL, 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 Hood Creek Soils Company LLC's application for Mining Permit No. 14-14 (Pending) for a Soil and Rock mining operation located off SR 1307, Hood's Creek Rd, near the town of Lenoir, in Caldwell County. AUTHORITY: PLACE, TIME, DATE: NC General Statute (G.S.) §74-51 and NCAC Title 15, Chapter 5 Subchapter 513, Section .0011 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: Thursday, August 26.7-9 pm Participants can join the meeting at 6:45 pm. ONLINE: Cisco WebEx Link: https:Hncdenrits.webex.com/ncdenrits/i.php?MTID=m3l8Oed57eeca 35d9ada661d6be222470 Event Password: NCDEMLR Meeting Number (Access Code): 161494 8819 By Phone: English Audio: US TOLL 1-415-655-0003 Meeting Number (Access Code): 161494 8819 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 Soil and Rock mining operation located off SR 1307, Hood's Creek Rd, near the town of Lenoir, in Caldwell County. Page 1 of 4 Appendix A 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: 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. Page 2 of 4 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. 5. 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 Thursday, August 26. To register, please click the following link: h!Ws://fortns.office.com/ /sg vaBgWM7ik 6. If you have technical difficulties, an automated voicemail will be set up from August 26 until September 5 to receive your verbal comments: 919-707-9207 (Please state your name before commenting.) 7. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 8. (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. 9. The proceedings will remain open for a period of ten (10) days following the hearing for additional written arguments or statements. Page 3 of 4 Appendix A INFORMATION: A copy of the mining permit application and corresponding maps are on file with the Asheville Regional, Raleigh 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: 919-707-9207 Comments can be submitted via email to ncminingprogram@ncdenr.gov with the subject line "Hood Creek Soils Mine". Page 4 of 4 Appendix B July 26, 2021 PUBLIC HEARING FORMAT I. Call to Order: Good evening and welcome. My name is Zahid Khan, 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 Engineer Adam Parr, Assistant State Mining Engineer Shawna Riddle, Environmental Senior Specialist, Asheville Regional Office II. COVID-19 —Executive Order 224, Virtual Hearing Protocol In accordance with the state's Executive Order 224 and federal guidance, this and other DEQ-led public hearings are being held virtually to minimize the potential spread of COVID-19 and to protect both the public and staff. Please keep in mind that this hearing is part of a public comment period for this project that runs through September 5`h, 2021, and that both comments given this evening and those submitted through writing, email, and phone through September 5`h, 2021, are all given equal consideration as the Mining Program reviews this application. III. 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 soil and rock mining operation located off SR 1307, Hood's Creek Rd., near the town of Lenoir in Caldwell County. The hearing will be conducted in the following manner: Pagel of 5 Rev. 3/2021 Appendix B July 26, 2021 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 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. IV. Explanation of the Action for which a Mining Permit is Required: The applicant proposes to operate a soil and rock mining operation located off SR 1307, Hood's Creek Rd., near the town of Lenoir in Caldwell 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 at the Mining Program website. Copies of the application materials may also be viewed upon request after tonight at the Land Quality Section's Asheville Regional Office and the Raleigh Central Office. V. LQS Presentation: Now I would like to defer to Adam Parr, Assistant State Mining Engineer, with the Division of Energy, Mineral, and Land Resources, for a brief Page 2 of 5 Rev. 3/2021 Appendix B July 26, 2021 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') VI. 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. 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 Page 3 of 5 Rev. 3/2021 Appendix B July 26, 2021 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. 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 Page 4 of 5 Rev. 3/2021 Appendix B July 26, 2021 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. The proceedings of this public hearing will remain open for a period of 10 days from tonight or until September 5th 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: Zahid Khan Regional Engineer Mooresville Regional Office, DEQ 610 East Center Avenue, Suite 301 Mooresville, NC 28115 zahid.khan(d,ncdenr. gov or ncminingprogram@ncdenr.gov Please note that even though the public hearing summary will close on September 5th, 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 July 26, 2021 MINING PROGRAM PUBLIC HEARING PRESENTATION As Zahid Khan stated, 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 July 26, 2021 "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 June 7, 2021, for their review and comment. WRC provided the statement that they had no comments on July 21, 2021. The application was routed to US Fish and Wildlife (USFW) on June 7, 2021. USFW provided no comments. In addition, the Division of Water Recourses (DWR) provided comments on July 10, 2021, regarding impacts to ground water supplies. Their comments included the following: The Hood Creek Soils mine located in Caldwell County_does not appear to have an iygtuly adverse effect on ground water supplies since_there is no dewaterin� ro osed on site. 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 June 17, 2021, and July 19, 2021, respectively and noted the following: DAQ commented that the facility must ensure compliance with New Source Performance Standards ONSPS) 40_CFR_Subpart 000 and noti fy_ DAQ_ if_ the status of the crusher_changed�rom temporary_ to permanent_ Thefacility will need to ensure that they _com lv withfugiftc dust rule 2D_ 0540._DWR commented that surface waters maybe impacted Page 2 of 5 Rev. 2021 Appendix C July 26, 2021 by the location of the proposed sediment_basin._ DWR requests that the applicant_provide additional information on the�otential blue line stream and a statement that -no wetlands or streams will be disturbed for this project_ -if disturbance_isroposed the applicant will need to discuss 404/401ermittingwith United States Army Co of Egineers (USACE) and DWR_ 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 information regarding active and final slopes at the site. It also contained information on the blasting practices and the procedures that will be utilized in the area covered by the application. Mining permits contain specific blasting conditions for any sites where blasting is to occur. S. That the operation will have a significantly adverse effect on the purposes of a publicly owned park, forest, or recreation area; The application was routed to the Division of Parks and Recreation (DPR) for review and comment. Comments were received from DPR on July 23, 2021 and stated the following: Based on_the project as proposedZ the North Carolina Division Parks and Recreation has no objections and there ore no comments_ 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 was evaluated by both the Land Quality Section's Asheville Regional Office staff and the Raleigh Central Office staff. The Asheville Regional Office has requested that the applicant provide calculations for their E&SC measures and clearly indicate the measures on the map. Page 3 of 5 Rev. 2021 Appendix C July 26, 2021 Ism 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 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 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 Page 4 of 5 Rev. 2021 Appendix C July 26, 2021 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 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 5th of September. 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 Zahid Khan. Page 5 of 5 Rev. 2021 44F PL NORTH CAROLINA Department of Environmental Quality 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 soil and rock mining operation located off SR 1307, Hood's Creek Rd., near the town of Lenoir in Caldwell County • Applicant — Hood Creek Soils Company, LLC. • Site Specific conditions — Previously used as a single source borrow pit. • Area - 27.45 Acre permit (27.45 disturbed) • Mine depth — 20 ft depth max (20 ft average) • Mining Method — Truck and Shovel for soil. Blasting where necessary when encountering rock. • No Dewatering proposed • Reclamation — Reclaimed as forested area Additional Information has been Requested from the Applicant to Clarify (ADI Sent July 21, 2021): • Mining Permit Boundary and Affected Acreage Limits • Erosion and Sediment Control Measures • Reclamation • Blasting 4� UE NORTH CAROLINA W; Department of Environmental Quality Appendix D Project Location Proposed Mine Permit Boundary (27.45 acres) Hood Creek Solis 36.9208,-81.6736 MP 14-14 Hood Creek Soils Company, LLC Hood Creek Soils _ LatRude: 359208 W E Longitude:-81.5736 County: Caldwell Date: 6/7/21 e:oe D-dwE NORTH CAROLINA Department of Environmental Quality 3 Appendix D Current Conditions n 2 , arG Proposed Mine Permit and Affected Area Boundary (27.45 acres) -7 tro D-�E %6 �� NORTH CAROLINA qP Department of Environmental Quality Appendix D Agency Comments • LQS Asheville RO — Provide additional details/calculations on ESC measures. • DWR — Clarify location of ESC measures with respect to blue line streams. Clarify if any disturbance to streams or wetlands. • DWR Groundwater Management Branch — No concerns, no dewatering. • NCWRC — No comments. • Division of Soil &Water Conservation — No impact to Conservation Reserve Enhancement Program (CREP) • NC Dept. of Natural and Cultural Resources— Unlikely that any archaeological sites to be eligible for National Register of Historic Places, no archaeological investigation required. • Division of Parks and Recreation — No objections and therefore no comments. e:wxo::fD E NORTH CAROLINA Department of Environmental Quality 5 Adam Parr Assistant State Mining Engineer Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Office: (919) 707-9207 ti. Cell: (919) 441-7.157 FAX: (919) 715-8801 Email: adam.panooenr.gov Physical Address; 512 N Salisbury Street Mailing Address: 1612 Mail Service Center 0 Raleigh, North Carolina 27699-1612 Mining Program Website: https://deq.nc.gov/mining-program Appendix E WRITTEN COMMENTS Written Comments can be found at the following link: https://edocs.deq.nc. gov/EnergyMineralLandResources/Browse.aspx?dbid=0&startid=3611 Appendix F ID Start 2 time Completion 8/24/2117:46:43 time Email Name 8/24/2117:47:20 anonymous First Name Mark Last Name Parsons Emai12 Position on the obeone1970@gmail.corAgainst issue .. Yes .. you require languag: No 3 8/24/2117:48:01 8/24/2117:48:34 anonymous Kristie Parsons parsonsk08@gmail.com Against Yes No 4 8/25/2110:04:19 8/25/2110:05:14 anonymous Jimmie Bryant cplgrit@yahoo.com Against Yes No 5 8/25/2110:05:19 8/25/2110:05:52 anonymous Sharon Bryant teach8b@yahoo.com Against Yes No 6 8/25/2115:16:40 8/25/2115:17:02 anonymous Joyce McCormick jgmc@charter.net Against Yes No 7 8/25/2115:17:05 8/25/2115:18:06 anonymous Ronny Hendrix 828-612-2271 Against Yes No 8 8/25/2115:23:12 8/25/2115:23:56 anonymous Bobby Miller millerbobby704@yahoo Against Yes No 9 8/26/218:25:14 8/26/218:26:06anonymous Jenny Wheelock Jheelock@ci.Lenoir. NcNeutral Yes No 10 8/26/218:37:02 8/26/218:37:57 anonymous Raymond Hoffman Rhoffman@hna-enginee For Yes No Appendix G HEARING RECORDING A recording of the public hearing can be found at the following link: https://edocs.deq.nc. gov/EnergyMineralLandResources/Browse.aspx?dbid=0&startid=3634 Appendix H town of Len OIL in Caldwell Mlnin County. Sion itu-TOOEmc: Land NC Gainers] Statute (G.S.) §74- 3. De 51 and NCAC Title is, Chapter mining 8 Subchaplor 59, Section ,0011 by th 2LACt5 i1ME,DAIEt 4. P Session Law 2020-3, section ment 4.31 PUBLIC BODIESIRF- other MOTE MEETINGS DURING mitts DECLARED EMERGENCIES heart 9flaws a public body 10 conduct Orally public hearings by remits Per meetings. tallow Remote Meeting due to COV- halo ID•19 Declared Emergency shin Date and Time: Thursday. Ac- length gust 26. 7.9 pm ited Participants can join the meet- heart Ing at GAS pm. Bans ONUNE; - limit Cisco Wei Link: ofnc hapsWilcdamtts.we tax.0hr1rc that dandirlJ,php7MT1D=m3100ed5 mug 7eoca by 1 35dpada661d6boM470 5.11 Event Meeting NumberrD(Access hallil Code): 161 494 8819 lnlor By phone: English Audio: US flan TOLL 1.415.855-0003 boo Meeting Number (Access Cade): 1614949819 plot Internal acirese, I$ not required Thu to partidpale In the ths9ting. To 9191 ooalment by phase, when your Ing name Is called, press'3 so the hitp moderator can identify end aB Open your line. Once you have 6. I made your comment, please cult press'3 to end your comment. mal POROSE: 25 To resolve comments related to you the application for a mining par- 70 mit for a Soil and Rock mining no operello0 located all SR 1307. 7. Hood's Creek Rd, near the son town of Lane[r, in Caldwell not County. he Comments 043 he Limited to lie these that caste direct€y to the 3. ( seven (7) denial uitada fisted ma under G-S. §74.51 of The Min- the Ing Act of 1971 that the Depart- her ,Mont considers In. making its dis dpch ril to gram or chi a new all mining parrs t application or a 9. modllleation to an existing min- OF Ing permit. These cnleria are as 000 lollcws: The Department may.deny st such permit upon tlnding: 1. Thal any requkrernerd at this A Article or ally mis promulgated pll hereunder will be violated by m the proposed operator; A 2. That me aperation will have C unduly adverse attains on pot- w able ground water supplies, to wildille, Or 1re5h water, esidw- - Ina, Of marine fisheries; 3. That the operation will vial - are slandards of eirquafity, sur- lace water quality , or ground water quality, which have boon promulgated by the Depart- mont; 4. That the operation will constl- lute a direct and substantial physical hazard to pubila health And safety of to a neighboring dwelling house. school, church, hospital, aomnlaroiat of Industri- al building, public road or other public pro perty, excluding mat - lots relating to use of a public sad; 5. That the operation will have a signilicanuy adverse affect on me purposes of a publ[dy-owned park, !epos% or recreation arcs; a. That pprevlous experience wllh Bills ter operations India - area a subslantlal posslblllty that the operation will result In suhefantlal deposits of sedi- ment In abeam bode or lakes. landslidOS, cr acid water po11u- bon; or 7. That Ing applicant or any pere eent Of the appli IN orpaienit has not been in substantial compliance with this Article. ruins adopted under this Article. or other laws or rules of this $Into for the protsct[on of Ilia environment or has not correc. ted all violations that the applic- ant or any parent, subsidiary, or other affiliate of the appkiuent or parent may have committed on, der this Adds or rules adopted under this Article and that res- ult In: o. Revocation of his paenR, b. Forfeiture a1 pad or all of his bond or other security. c. Conviction of a misdamean- or under GS. §74-64. or d. Any other court order Issued under G.S. §74-64. Or e. Final assessment of a civil NORTH CAROLVNA NORTH CARO penalty under G.S. 974.64. In the absence of any findings ❑ OF et out above Or if adverse ENVIRONMENTAL OUAL[rY act& are mil€gated the p- DIVISION OF ENERGY, es- rted necas- d a MINERAL,AND LAND sots by Ili Department, a por- sarybt the apart RESOURCES MII stall be granted, PUBLIC NOTICE OFepub, C9MMs..on PROCEDURE: Naftali hereby given the All arsons Interested In this Ilc.heering to he hold by North Carolina Capertmenl of ma Set are invited to attend. The hearing will be conducted Environmental Coal cancer- In the following manner: Ing Hood Creek Solis Com- I Explanation of the action for pany LLC's application for Min- with _ pe-" ie required by ing Permit NO.14-14 (Pending] ale hearing Officer. for a Soil and Rock mining op- 2 Explanauon of the permit oration located Off SR 1307. Procedures as soh forth In The Hood's creek Rd. near the g Acl of 1971 by me Div(- the da— le o� Ina Public hearing, i of Energy, Mineral, and To Submit comments or for ad-' Resources. diticoal Information Concerning ,i scdptlon 01 the Pro posed this hearing contact by writing NORTH CAROLS% operalloh as applied }or or calling: a applicant, Adam Parr CALDWELL COUAj17 ublic Comment - Com- Assistant State ' s, etatamonls, data, and Mlning Engineer AFFIDAVIT OF PUBLICATION Information inwting pdarbtoSub- the and tend Resp ion of Energy, Mineral, Before the undersigned, a Notary Public of said ng or may be presented Depadment Of County and Slate, dui commissioned, qualified, al the haring. Environmental Quality { Y sons desiring to speak must 1512 Mail Service Cemer and authorized by law to administer oaths, the procedure outllned Raleigh, North Caroline a78g&' personally appeared Dale frlorelfleld who being w. So that Hit parsons do- 1612 pe g g to speak may do sa, Telephone: 919-707.9207 just duly sworn, de gihy statements may be rim- Comments can he submitted poses and says: that he is at the discretion of the via small to Publisher of the News -Topic Inc., engaged in the rig OffIcar. Oral presents- ncminingprogrem®ncdenr.gov mast net exceed the time with the subject line 'Hood publ cation of a newspaper known as News -Topic, established by the hearing Creak Sells Mina'. published, issued, and entered as second class or. Any oral presentation Aug.53, i021 exceeds lives, 13) minutes mail in the City of Lenoir, in said County and State; l he SUIT fed as directed. that he is authorized to make this affidavit and he hearing o}licer. you Wish to speak at the cil sworn statement; that the notice or other legal public hearing, you Must star. provide the required advertisement, a true copy of which is attached meflan, and follow Instruc- hereto, was published in Lenoir New9Topic on the s on ways to join the public Ing. following dates 19lratkon must be earn - act by 12:00 PM oa raday, August 28. To re- ar, piease click the follow- August 13, 2021 link: s:1Porma.off Ice.ccmlglsv- gWM71k and that the said newspaper in which such notice, ! You have technical diftl- Ies, on automated voice- paper, document, or legal advertisement was I illlt be got be from August published was, at the time of each and eve unlll September 5 is receive � P tjr r verbut comments: 919- publication, a newspaper meeting all of the 7-9207 (please elate your + me before commenting.) requirements and qualifications of Section 1.597 of Cross examination testa of per- the General Statutes of North Carolina and was a s presenting testimony will he allowed: however, the qualified newspaper within the meaning of Section has officer may ask ques- ns for deification. 1-597 of the General Statutes of North Carolina. Optionai} The applicant may ke a shaft presentation at end of the hadng and may This is the A h Lw fgu5 2021 available for Individuallgroup cuaslcn after the hearing Is ournad. 4 I1.1A�1a The proceedings will remain "' ;'""--- an for a period of ter (10) Sworn to and subs cri�atl re'111[I,$�}i ys following the hearing for -, dlllonal wdll9n arguments or day of AUt2f)a%emants.,.y. copining permit ep- ......... .......... :.x ..... �... _ cation and corresponding '&story Pu�}tc apt era on file with Ins �,^ r�n5,, ehe4LlVe Regenal, Raleigh, ply Commissic "?�' ' iNi'�%P42Z ZU�^ CO office, and online at our' . obpago, for the public's in-- r G�K ••••• -�•,`� rmation and review Prior to rrrri F COL1N -------- ----- rt rrrtttl++,+