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HomeMy WebLinkAbout20210806_ADI_74-99ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Certified Mail Return Receipt Requested 7019 1120 0002 0065 1283 Mr. Mark Smith PSD Properties 1003 Red Banks Rd Greenville, NC 27858 RE: Nichols Sand Pit Mining Permit No. 74-99 Pitt County Tar River Basin Dear Mr. Smith: NORTH CAROLINA Environmental Quality August 6, 2021 We have reviewed the modification request 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: 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. The receipts that were included in the application had no addresses attached making it difficult to determine where the letters were sent. 2. Please provide a Jurisdictional Determinization (JD) and Stream Determination for the adjacent stream and possible wetlands. 3. Mining has been indicated in the floodplain. Please provide proof of notice and approval from the jurisdictional floodplain manager. 4. N.C.G.S. §74-49 defines "affected land" as the surface are of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on which overburden and waste is deposited, and the surface area of land used for processing or treatment plant, stockpiles, nonpublic roads, and settling ponds. Please clearly indicate and label on the mine map that the haul road to the nearest public road is included in the Mine permit boundary. 5. Please clarify how you will control offsite sediment when the screening berm to the north is built, and the existing ditch is filled in. 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 6. Please provide an affected acreage table showing current total affected and permitted area, proposed incremental affected and permitted area, and proposed total new affected and permitted area. 7. Please provide a construction entrance at the intersection of Alvin Rd. and the mine permit. Construction details and maintenance requirements should be provided on the mine map. 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 5B.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. Samir Dumpor, PE