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20220401_ADI_Received
CAROLINA GEOLOGICAL SERVICES, INC March 28, 2022 Mr. Adam Parr RECEIVED NCDEQ APR 0 1 201Y 1612 Mail Service Center Raleigh, NC 27699-1612 LAND QUALITY Subject: Carteret Farm Mine, Carteret County, AD] response MINING PROGRAM Dear Mr. Parr; On behalf of Trey Rivenbark, I am writing in response to your January 24, 2022 letter requesting additional information on the above -referenced mining permit modification application. I will respond to each item in the order of your letter for clarity. 1. Please see attached letter from Mr. Gregory Hartman, CFM, Carteret County Floodplain Administrator 2. The entire site is within the Floodplain. A note has been added to the Mine Map. 3. Please see attached copies of Certified Mail Receipts for adjoining neighbor notifications. 4. The notations "303" and "301" actually refer to house addresses, not parcel numbers. Both addresses are on one parcel, owned by William Conway. His name has been added to map. 5. All wells within 500 feet are shown on the Mine Map. 6. According to the review by the US Army Corps of Engineers, the ditch in the middle of the mining area is not jurisdictional. It will simply be excavated with the remainder of the mining area. The perimeter berm as shown will seal off the ends. 7. The mobile home and tanks will be relocated when mining extends into that area. 8. According the NPDES permitting rules, a Pumping Operation and Monitoring Plan is required when the pumping could possibly draw down groundwater levels to impact a nearby wetland or waterway. According the review by the US Army Corps of Engineers, there are no wetlands or streams in the vicinity of the mining area. The only jurisdictional features are agricultural ditches, and since the pumped water will discharge into these ditches, it is impossible for them to be impacted by groundwater drawdown. 9. It is the sincere desire of the applicant, and everyone involved to develop a mine plan that complies with all regulations and has no negative impact on any surrounding waters. We have reached out to DWR and DMF to ask for clarification on their comments, but thus far have received no information that will assist us in responding to the comments. PO Box 429, GARNER, NC 27529 Page two Mr. Adam Parr First, I think it is very important to put this issue into some perspective. This is a very small project; a mining area of only 6 acres, that is really no more than a "farm pond". There are no adjacent wetlands, and the nearest wetlands are nearly a half mile away. The water is proposed to be discharged into an existing farm ditch that drains into a freshwater wetland and not directly into Felton's Creek. It appears that the primary concern is the proposed dischargedf mine water "to a ditch which runs to surface waters of Felton's Creek". Our initial observation is that the mine will not discharge into the waters of concern, but into an existing farm ditch a substantial distance away from these waters. The farm ditch eventually connects with other ditches and creeks before flowing into a freshwater wetland. There is no direct connection between the discharge point and the Felton's Creek. It would be virtually impossible to determine the potential impact of the mine discharge into the farm ditch would have on Primary Nursery Waters located one mile away. There are currently countless sources of fresh water already flowing into this system, including the existing farm ditches, creeks, agricultural runoff, stormwater runoff, groundwater discharges, and highway ditches. All of these sources are downstream from the mine discharge, and already discharge far more fresh water into the system than the mine would. In addition, it is quite likely that much of the discharged water would be infiltrated into the surface soils adjacent to the ditch long before it ever reaches the wetlands or streams. And this entire system is constantly changing with rainfall, groundwater fluctuations, tidal influences, agricultural irrigation, and countless other factors. While it is our observation that the discharge of the mining area into the farm ditch will have no impact on Felton's Creek whatsoever, we want to emphasize that we sincerely wish to comply with all rules and regulations regarding the discharges. This operation will comply with the analytical requirements specified in NPDES General Permit NCG020. These regulations were written to provide assurance that any discharge will not negatively impact receiving waters. We trust that this information will allow you to complete your review of this modification request. Please let me know if you need any additional information. Sincerely, James Izzell Carolina Geological Services, Inc. enclosures ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Certified Mail Return Receipt Requested 7008 1300 0000 1127 2118 Trey Rivenbark Carteret Farm LLC 285 Cape Lookout Dr. Harkers Island, NC 28531 RE: Carteret Farm Mine Carteret County White Oak River Basin Dear Mr. Rivenbark: NORTH CAROLINA Environmental Quality January 24, 2022 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. Mining has been indicated in the floodplain. Please provide proof of notice and approval from the jurisdictional floodplain manager. 2. Please clearly indicate and label on the mine map the location of the 100 year flood plain. If the entire site is in the 100 year flood plain, please provide a statement on the map stating as such. 3. Please provide proof, such as copy of the signed return receipts from certified mail, that all adjoining landowners and chief administrative officer of each county and municipality have been properly notified. 4. Please provide and label on the mine map the names of owners of record for parcels identified as parcel 303 and parcel 301 5. Please clearly indicate and label on the mine map all wells located within 500 feet of the mine permit boundary. 6. Please provide additional measures for the ditch that runs through middle of mine area for initial clearing and excavation 7. Please clarify the plans for the house and fuel tanks that are currently located in the mining area. 8. Please provide a pumping O&M plan for the dewatering activities. North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919.707.9200 Certified Mail Mr. Rivenbark Page 2 The Division of Water Resources (DWR) has concerns regarding the proposal to discharge mine water to a ditch which runs to surface waters of Felton's Creek. Felton's Creek is classified as SA; HQW and is a designated primary nursery area by North Carolina Division of Marine Fisheries (NCDMF). The application lacks the information required to determine if the project will not violate tidal saltwater quality standards for SA; HQW in 15A NCACO2B.0221, water quality standards for HQWs in 15A NCACO2B.0224, and the anti -degradation policy found is 15A NCACO2B.0201. Please provide proof of coordination with the appropriate agencies to ensure that water quality standards for the receiving waters can be maintained. 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 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 cc: Mr. Dan Sams, PE PLANNING AND DEVELOPMENT Eugene Foxworth Director March 25, 2022 Carteret Farm LLC 285 Cape Lookout Drive Harkers Island, NC 28531 Subject: Carteret County Floodplain Manager Review: Carteret Farm Mine Dear Carteret Farm LLC: Beaufort Office Phone: 252-728.8545 Fax: 252-732-2065 I have reviewed the most recent mine plan for the Carteret Farm Mine to be located at 263 Laurel Road, Beaufort, NC 28516 on Pin# 730904648151000. This proposed mine is located within the special flood hazard area as delineated on the Federal Emergency Management Agency's Flood Insurance Rate Map Panel 7308J with an effective date of 7/16/2003. 1 have reviewed the proposed mine plan, and I approve of the Carteret Farm Mine to be located in the location specified above. 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