20220201_ADI_74-99

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Certified Mail
Return Receipt Requested
7008 1300 0000 1127 2156
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:
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NORTH CAROLINA
Environmental Quality
February 2, 2022
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:
We received the response to the last Additional information letter dated August 6, 2021, on December
15, 2021. However only (1) copy of information was provided to this office. Please provide 2 copies
of your response information to this letter specified in the Additional Information Letter as well as the
phone conversation on January 5, 2022.
2. A copy of the stream determination was never received. Please provide a copy of the stream
determination as stated in your December 15, 2021, letter. Information as a response to the additional
information request needs to be provided by you, the applicant.
The conditional use permit (CUP) provided in your December 15, 2021 response does not satisfy the
previous request for information. The CUP states that you must complete a no -rise certification and
obtain a flood development permit from Pitt County Planning prior to any development withing the
floodway. Please provide this information as proof of notice and approval from the jurisdictional
floodplain manager.
4. Please provide proof, such as copy of the signed return receipts from certified mail, that the chief
administrative officer of each county and municipality have been properly notified. Adjoining
landowner green cards were received, but the county manager green card was not present in the last
submission.
Please clarify the construction sequence and erosion and sediment control measures (silt fence, etc.)
that will be used during the construction of the visual screening berm on the north to keep sediment
from reaching the ditch and flowing outside the permit boundary.
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. The access road to the operation must be shown clearly inside the mine permit boundary. The mine
permit boundary as shown does not extend all the way to the nearest public road (NCSR 1562, Alvin
Road). Please clearly indicate and label on the mine map that the portion of the haul road from SR
1562 to the operation is included within the mine permit boundary.
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 [phone] if you have any questions.
Sincerely,
Adam Parr, PE
Assistant State Mining Engineer
cc: Mr. Samir Dumpor, PE