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HomeMy WebLinkAbout20210617_ADIROY COOPER Governor JOHN NICHOLSON Interim Secretory BRIAN WRENN Director Certified Mail Return Receipt Requested 7019 1120 0000 5072 4861 Jimmie F. Rogers Rogers Nursery & Landscaping, Inc. 762 Whootentown Road Washington, NC 27889 RE: Rogers Pit #2 Mining Permit No. 07-36 Beaufort County Tar -Pamlico River Basin Dear Mr. Rogers: NORTH CAROLINA Environmental Quality June 17, 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: 1. Please provide proof, such as copy of the signed return receipts from certified mail, that all adjoining landowners and chief administrative officer of the county or municipality have been properly notified. 2. An existing access road runs through the proposed 50' buffer at the southern end of the proposed permit boundary. Please clearly label this buffer as "unexcavated buffer," and clearly label all other buffers as either "undisturbed" or "unexcavated". Further explanation of buffer requirements can be found in Questions 5(a) and 5(b) of the application. 3. Please provide proof of an archaeological survey conducted on the tract by an experienced archaeologist that meets the Secretary of the Interior professional qualifications and standards. Please see the enclosed comments from the North Carolina Department of Natural and Cultural Resources for more information regarding appropriate field methodologies. 4. Please clearly mark the stockpile area on the mine maps. 5. A stream runs the perimeter of the existing mine excavation. Please develop and clearly label on the mine maps a 50' undisturbed buffer along this stream in order to meet Tar -Pamlico riparian buffer requirements. 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. D_E QJ� 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 wM rau 919.707.9200 Certified Mail Mr. Rogers Page 2 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, Jenna Assistant Mining Engineer Enclosures cc: Mr. Samir Dumpor, P.E. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper May 20, 2021 MEMORANDUM TO FROM SUBJECT: Brenda M. Harris Mining Program Secretary Land Quality Section Renee Gledhill -Earley Environmental Review Coordinator brenda. harri s gnc denr. gov Secretary D. Reid Wilson 30-Acre Rogers Nursery and Landscaping, Inc. Mining Permit, Beaufort County, ER 21-1004 We have reviewed the above -referenced mining permit application submitted by Roger's Nursery and Landscaping, Inc. and offer the following comments: While there are no recorded archaeological sites on the property, the property has never been systematically surveyed to determine if these resources exist there. Snode Creek runs through or adjacent to the entire unexcavated portion of the tracts owned by the Rogers family. Because this fresh water source is adjacent to the well -drained upland soil destined for future excavation, there is a high probability that prehistoric habitation sites, potentially eligible for listing on the National Register of Historic Places, are present on the tract. These will be jeopardized by the mining project. We, therefore, recommend that an archaeological survey be conducted over the property as a condition for issuance of a mining permit. The purpose of this survey is to identify archaeological sites and make recommendations regarding their eligibility status in terms of the NRHP. This work should be conducted by an experienced archaeologist that meets the Secretary of the Interior professional qualifications standards. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at https:Harchaeolog_y.ncdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. Please note that our office requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. One paper copy and one digital copy (PDF) of all resulting archaeological reports, as well as a digital copy (PDF) of the North Carolina Site Form for each site recorded, should be forwarded to the Office of State Archaeology (OSA) through this office, for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies, Technical Reports, and Curation can be found online at: hlWs:Hfiles.nc.gov/dncr-arch/OSA Guidelines_Dec20l7.pdf. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(c nncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number.