20210824_Response

From:
Riddle, Shawna
To:
Parr, Adam
Subject:
FW: [External] Hood Creek Soils - Notice of Violation Response
Date:
Wednesday, September 8, 2021 4:43:13 PM
From: Raymond Hoffman <[e-mail]>
Sent: Tuesday, August 24, 20218:23 AM
To: Aiken, Stan E <[e-mail]>; Riddle, Shawna <[e-mail]>
Subject: [External] Hood Creek Soils - Notice of Violation Response
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Mr. Aiken,
I've received the Notice of Violation for mining without a permit and provide the following
responses.
Previous property owners had removed the timber, created timber haul roads (60+ acres) and
excavated for clay liner material over a 4.8 acre portion of the property. This work included the
installation of at least two sediment traps and numerous diversion berms, as well as the construction
road entrance off of Bryant Road. This work was permitted approximately April 2018.
The site, under our ownership, has not started any mining activities to date. Work that has been
completed, under our direction, includes construction of the main entrance on Hoods Creek Road as
permitted by the NCDOT, D112-014-21-00002, improvement of existing timber roads, installation of
some sediment traps, silt fence and diversion berms and exploratory test pits to identify acceptable
clay liner materials. We also cleaned some sediment from the existing traps and moved that
material to the top of the hill, with a brush berm on the lower side for containment. All disturbed
areas were immediately seeded and mulched and as of August 23, appear to have a good stand of
vegetation.
Your notification determined that 1.2 acres were measured as affected areas from mining -related
activities. As noted above, site activities under our ownership have not involved or been related to
mining activities.
Your notification also directed us to immediately halt the above mentioned mining operation until a
valid mining permit is obtained. Our work on the entrance completed on or around July 1 and was
immediately stabilized with stone, silt fence, seed and mulch. No additional work has been
completed since.
From a permitting perspective, Caldwell County Planning directed me on June 9, 2020 to seek a
borrow permit through the E&S permit process. This was denied on March 23, 2021 and
determined that a mining permit would be required. The mining application was developed and

submitted on or around May 27, 2021. Through the month of June, we were still communicating
between Land Quality and DEMLR on which way we could permit this site, a 5-acre borrow or mine
permit. It wasn't fully clear until the end of June that the Mining Permit would indeed be the proper
permit to obtain.
I hope this response will be acceptable to meet your 30-day response requirement and to answer
why we had construction activities in progress ahead of a mining permit being issued.
If you have further questions or comments, please let me know.
Sincerely,
Raymond Hoffman, P.E.
President/Owner
205 Walnut Street
Statesville, INC 28677
704-464-6800
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