HomeMy WebLinkAbout20220505_ADIROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Certified Mail
Return Receipt Requested
7019 1120 0002 0064 6036
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NORTH CAROLINA
Environmental Quality
May 5, 2022
Jimmy Lennon McLamb
L. M. McLamb & Son Construction Company, Inc.
800 Calabash Rd. NW
Calabash, NC 28467
RE: Ashton Farm Sand Mine
Brunswick County
Lumber River Basin
Dear Mr. McLamb:
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 N.C.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.
2. 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.
Please provide maintenance and construction details for a construction entrance to the nearest public
road.
4. Please clearly indicate and label on the mine map the residential structures and wells located to the
south of the operation off Wild Wing Dr.
5. Please label on the mine map that the buffers will be undisturbed as you have indicated in the
application.
6. Please provide calculations for stilling basins.
7. Please clearly indicate and label on the mine map the location of any stilling basins.
Please clarify the response to question 3B, where you have identified that you will not be discharging
fresh or wastewater from the mine as a point discharge to waters of the state. Please clarify how you
propose to dewater 500,000 gpd.
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. McLamb
Page 2
9. Please provide a Pumping Operations and Monitoring (POM) plan for the dewatering activities.
10. Please provide additional Erosion and Sediment Control (E&SC) measures to protect adjacent
wetlands.
11. Please provide a Jurisdictional Determination (JD) or correspondence from the USACE to verify the
presence or absence of wetlands in the vicinity of the permitted area.
12. Please provide proof of NOI for your NPDES permit as indicated in the application.
13. Please provide proof of registration with the Division of Water Resources Groundwater Management
Branch for dewatering activities.
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
If hand delivering or delivering by shipping company (e.g., FedEx, UPS), please deliver to our physical address:
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
512 N. Salisbury Street, 5th Floor
Raleigh, NC 27604
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. Dan Sams, PE