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HomeMy WebLinkAbout20210909_ADIROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Certified Mail Return Receipt Requested 7016 2140 0000 4367 6959 Danny Smith Jr. Danny Smith Landscaping & Drainage 2446 Hwy 258 N Kinston, NC 28504 RE: Fields Station Road Pit Lenoir County Neuse River Basin Dear Mr. Smith: NORTH CAROLINA Environmental Quality September 10, 2021 We have reviewed the application your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with G.S. §74-50 and §74-51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Please provide a Jurisdictional Determination from the US Army Corps of Engineers. The proposed sited is located in hydric soils. 2. Please provide a response to the enclosed letter from the North Carolina Railroad Company. There is a safety concern with regard to the trucks crossing the rail line to and from Fields Station Road as they enter and exit the proposed mine site. Please provide proof that the operating rail authority has approved the rail crossing. Please note, this office may request additional information, not included in this letter, as the mining application review progresses. Be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 D 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 NORhI CAROLINA - oaPermemoieomronmenmiuuaiity /`� 919.707.9200 Certified Mail Mr. Smith Page 2 As required by 15A NCAC 513.0113, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Adam Parr, PE Assistant State Mining Engineer Enclosures cc: Mr. Samir Dumpor, PE NORTH CAROLINA RAILROAD RECEIVED C O M P A N Y September 2, 2021 LAND QUALITY SECTION Mr. Adam Parr State of North Carolina Department of Environmental Quality 1612 Mail Service Center Raleigh NC 27699-1612 RE: Proposed Sandpit Operation on Field Station Road (Lenoir County) Dear Mr. Parr: Regarding a notification received from North Carolina Department of Environmental Quality (NCDEQ) dated August 7, 2021, for a proposed sandpit operation on Field Station Road in Lenior County, North Carolina Railroad Company (NCRR) would like to offer the following information. As the owner of the track and railroad corridor along the frontage of the proposed operation, NCRR is concerned about the proposed increase in frequency of truck traffic and length of trucks required to cross an existing private grade crossing location. It is our understanding a new sand pit operation is proposed with sole access to the site through use of this existing crossing with only the use of passive crossing protection in the form of stop signs. NCRR Engineering has specific concerns related the increase in number of trucks required to cross the track daily and the typical length of these trucks. Further, it appears the trucks will be required to wait at a stop condition at Field Station Road thus requiring the truck to block the existing track while waiting for roadway traffic to clear before clearing the crossing safely. This is an active rail corridor with daily freight train traffic. This line is operated and maintained under agreement with Norfolk Southern Railway. While North Carolina Railroad Company owns the track and the 200-foot-wide railroad corridor, both railroads work together to promote safety and a sustainable rail corridor across 16 counties in North Carolina including Lenoir County. NCRR requests that other access locations be considered for this proposed sandpit operation and that NCDEQ not permit the primary access location be maintained across the railroad corridor. Further, s rhoould-tliis access location be rcequit NCRR requests more active grade crossing protection devices be provided, at project expense, at this existing railroad crossing location. We would like the opportunity to provide additional feedback and work proactively with both NCDEQ and the applicant to promote a safe and sustainable interaction between the proposed sandpit operation and the railroad corridor. We look forward to your timely response. Sincerely, Donal. Arant, PE Vice President Engineering North Carolina Railroad Company 2809 Highwoods Boulevard, Raleigh, North Carolina 27604-1000 Phone: (919) 954-7601 I Fax: (919) 954-7099