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HomeMy WebLinkAbout20211019_ADI_ReceivedOctober 13, 2021 Jimmie F. Rogers Rogers Nursery & Landscaping, Inc. 762 Whootentown Road Washington, NC 27889 252-946-7345 Division of Energy, Mineral and Land Resources Department of Environmental Quality ATTN: ADAM PARR 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Rogers Pit #2 Mining Permit No. 07-36 Beaufort County Tar -Pamlico River Basin RECEIVED OCT 1612021 In accordance with your letter dated June 17, 2021 requesting additional or revised information in accordance with the following comments, they are as follows: Comment #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. Response: Please see attached copies. Comment #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. Response: Please see attached copies of sheet 4 of 8 with labeled buffers "unexcavated". Comment #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. Response: Please refer to the attached copy of memorandum dated July 20, 2021 from: Renee Gledhill -Earley, Environmental Review Coordinator, Historic Preservation Office. Comment #4. Please clearly mark the stockpile area on the mine maps. Response: See revised map 4 of 8 attached showing proposed temporary stockpiles. Comment #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 Tat -Pamlico riparian buffer requirements. Response: Please see attached copy of email from Robert Tankard, dated 10/1/21 to Adam Parr. If any further information is required, please contact us. Sincerely, R &,iax r Jimmie F. Rogers, Owner/ Vice President Rogers Nursery & Landscaping, Inc. rnursery 762 0 email. com Cc Enclosures: original & 2 copies of comments and responses, maps and memos KoSe'rs P4 * 2tad; G�� Haan A�) )Y,5 Addvtss I% K z i .r`} G. Or,-. e-y ) �o Po.,d Acmes ✓ Wcz-a%tt'"5 i OC 27Y,?-� 2� pk� l [-:. �?arriS > C k" c k wq -�av rn mod' o �QTi.� � IJCt Nre.i %Gc. tJZi$ (� Vt Gk.s AA U'8. $ S � n v, �l1RIlEy �RDTo2 Rci•, Ldgg 1ll�Gttg8 ivc 3 \ J 5 �'�U-C.+GPLIYIC J -Inc-,, I ©gS F �DIiIY�� 57Y'GE.I � /6I � Wus},I�,5 F-or,� rac 2�$89 3 �m N1 03 »8 4) 1`795 396nJ�mallidErlue �a aQ 3^ l,J sF w� a� �) F, 7 e� I i i e G. _�2�'89- Completd•.1Vs 1, 2, Print y2tTttte'andadd ress on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ,J Sj!PH GRD-cZ509N 1St{op B�- RDIb91J �ATNOr✓ie DIO�eSe 15 (AR6TH STAEE-r t�l16I11f1U111f,1I111II111IIIII III 9590 9402 6083 0125 7388 48 7020 e� ❑ Agent ❑ Addre of Delivery D. Is delivery address d' t from ftem 1? o Yes hereby given that If YES, enter delivery address below: ❑ No - i'' / o�' ied on /ter/ (Date) f%1l�/ lartment of Environmental Quality, o. service lyPe ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mal - ❑ Adult Signature Restricted Delivery $ ❑ R"Wered Mall Restricted Certified Mail® d Certified Mall Restricted Delivery Delivery Ratum Receipt tar ❑ Collect on Delivery Mercha se ❑ Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM "lail 9 9ail Restricted Delivery rs ❑ Signature Confirmation Restricted Delivery the permitted area; or Form 3811, July 201?3f',A 75M0L"W-WVZ1 Domestic Return Receipt }e pClIIllttCd area With IIO disturbance in the area proposed Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Ama AQ Ji on J/7 acres located c> .S (Mmeral, re) (Number) _ " (Miles) rj2d, of off/near road,9 j��/fig k m-� , (D tion) (Nearest own) (Number/Name) in Jde4Q441t County - *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners ofrecord, both public and private, of all tracts ofland that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applcant or is owned by the lessor ofthe mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipalitywhich any part of the permitted area is located Any person may file written comments) to the DeparR�il�v t e ove address within thirty (30) days of the issuance of this Notice or the filing ofthe application fora pG.S.7a public hearing will be held within 60 days of the end of the 30 day comment pemiod specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information reearding the on 19) 707-9220. .j; 17 Name and Address) 41�o1-Q 0al (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) contact I (Naffie ot ApplicantOlniclude, Contact•tr Company Name,•r .. - rl. 41,I (Address of Applicant) -17- �'�/ IV c a 78�p Complete—ri iffs-q-2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space nerr,rac i:CC'IFFiB _ Ruck;n , vvc. UR— )As H,A)G_lq &gq II�'III�I'II�I I�IIII�IIII III'I�I'IIII �II IIII I�I 9590 9402 6051 0125 90 X C vj `�( rent ❑ Addre B. Receiv (Printed N me) C. Date of Deli tf D. Is delivery address differt:nt from item i? Yes - If YES, enter delivery address below: ❑ No 3. Sernce Type ❑ Adult Signature ❑ Priority Mall Express® 0 Adult Signature Restricted i lWary Certifatl Maims ❑ Reglslarad Mail,- ❑ RealstaretlMail .Restrictetl Delvery hereby given that !iedon_` /iG (Date) partment of Environmental Quality, one): 03 57 GII lfied Mail ace on De A ctad Delivery Me netu.Recelpt for lrticle Number (r2nsler /rom service label/ 0 coned on Delivery Restdctetl Delvery ❑Signature ConMnetionTM ^—.—Man ❑signature Confirmation i the permitted area; or 7020 1810 0000 1701 8493 l l Restricted Delivery Restricted Delivery Form 3811, July 2015 PSN 7530.02-000.9053 ,Domestic Return Receipt fie permitted area with no disturbance in the area proposes. riease uoaa lAlIIt KULW 4 _Ay be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine lqzet ± r on b acres located C' (Mineral re) (Number) (Miles) ECczI�t of off/near roads 9g2 rection) (Nearest own) (Number/Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordancewith G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the phcantor is owned by the lessor ofthe mine tract, all owners ofrecord of tracts adjoining these tracts must be notied (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days ofthe issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding i on 19) 707-9220. io 4`/4o/aaa i (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) contact i (NMne r pr Include or ' on , Company Name,.r .. -1 - 1 (Address of Applicant) -17- LoCle'%zv�? , ,jV G t�2 9MY ■ Co lete items 1, 2, and3. JrAPrirlt your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back ofthe mailpiece, or on the front if soace oermits_ 1. Afecle Addressed to: 'Ie. hRem eto# y Lr W 1t w,tv011errli Ht wo-w ' q5-1oh tJ SmuL Ave �ue-- ,A)19-0 1NCToN NG9499-? 9590 9402 6083 0125 7388 36 ❑ Agent Date of D. Is delivery address different f om item 1 E❑ Yes If YES, enter delivery address below: ❑ No la. Number(Transfer from samice laben Collect 7020 ]JAV—OMRAZI,OUV W86 3 Form l .ereby given that Aon q l% 21/19 -2! trtment of Environmental Quality, gnature ❑ Prl Mail E<¢ress9 " gnahue Resticted Delivery I Mail® ❑ Registered Mail^ ❑ Rea&tered Mail Restricted I Mail Restricted Delivery ODee�ri11-1 4Rehun Receiptfor In Delivery Men:haneBo In Delivery Restricted Delivery D signature Confilmationm Nall ❑ Signature Conihmatlan he permitted area; oI Mail Restricted Delivery JOl Restricted Delivery I , July Z-W ZSSEN Domestic Return Receipt ,>- permitted area with no disturbance m the area proposed. Please note mac rucure ..._y be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on t 3n acres located y (M� Ore) (Number) (Miles) �Fanl of off r ear roads J� (Direction) y (Nearest T wn) (Number/Name) in .lL County. *SEE ATTACHED MAP FOR PROPOSED PERAUT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts ofland that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record oftmats adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address withinthirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information reeardine the on at (919) 707-9220. ItJGaA: t,n , (V 0_ 9 b's4 9_Al171ry/111 nk._, 9� tIlOkoA{rt� r . (Addrr�Owner of Record's (1`I a of ApplicantflInclude Conta6t Pe Name and Address) &r Company Naame,-if�Applicableq' -, y�ryc e�� a1aDo? / bA lrl W V lf/ J l t/%r lrt�/ R�jJr (Date t Issuance of ecthis Notice/ (AddrL r ofof Ar Arc Mailed to Addressee/Owner of Record) ) a �7` -17- ll Comply e4affio-1, 2, and 3. Print your name and address on the reverse so that we can return the card to. you. Attach this card to the back of the mailpiece, or on th_ssed to: e: front if space permits. Article Addre Ph"I -E.GAR 19AIJb IR�•InARy 4, GAR815 2 RK�Y 7-*T o2 PO4D '/1SHfid6To1J, r✓ca93s9 II I III�II IIII III I II'llll I II � II IIII I I I I II I II III 9590 9402 6051 0125 9010 26 0 it ❑ Agent ❑ Add.. B. Received by ^&ed Name,) I C. Date of Delivery hereby given that D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: p No :led On _ 111, J� _i 7 /a{V (J��U (Date) 3. Service Type ❑ Adult Sionature Article Numhnr l ranefw,. rmm.mndrn rhea [ 7015 00[P &Nq PT9'§d l'8Q9 Restricted Delivery Certified Mail Resticted Delivery collets on Delivery Collect on Delivery Resticted Delivery ❑ F Malty Mail Express® ❑ Registered MallTM ❑ Registered Mail Reatdcted Delivery tietum Receipt for Merchandise ❑ signature Confrrmadmn ❑ Signature Confirmation Restricted Delivery Form 3811, July 2015 3 - -�� Domestic Return Receipt - in the area proposed. Please note tnat ruture moumcacrvnks/ mj allow disturbance within this area without re -notification of a )artment of Environmental Quality, the permitted area; or permitted area with no disturbance be submitted by the applicant to oining landowners. T'he applicant proposes to mine mj"!, -on 3e acres located i Mineral, Ore) m• .•. (Number/Name) in r.. d/ ATTACHED MAP FOR PROPOSED PERWT BOUNDARIES AN1 CORRESPONDING ADJOINING LAN11` ' NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining pemut boundary; ifan adjoinirip�tract is owned or leased by the apphcant or is owned by the lessor ofthe mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 7451, a public hearing will beheld within 60 days of the end of the 30�ay comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information rmrdine the . ror rmormanon on at(919) 707-9220. Pleas within the provisions of I on is made on the applihu tiIs _i 17 89 (Addressea9Owndr of Record's Name and Address) !,Ih 0 Z:&4 I - (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) contact - r.. & Company Name, if / t ..rl.irhn aarI A 11 ff qg &,q Complete items 1, 2, and 3. A. Si ture - Print your name and address on the reverse X ❑Agent so tha we c2Tffietum the card to you. 0 Addressee B Received J 'nt Name) C. Date of Delivery Attach this card to the back of the mailpiece, � , 1 or on the front if space permits. r oC hereby given that Article. Addressed to: D. Is livery address different from Rem 11 ❑ Yes l n (� � I h � I If YES, enter delivery address below. ❑ No b R � U nt ��, A 11'�Q�oU ied on COft-NTy MJ3NA66P- ate) 9l W E9T 3 -o z-r. )x y AVC, TDNf ldG `l e29 ailment of Environmental Quality, 3. Service Type ❑ PrloMy Man Express® me): II"III'II'IIIIIII�I�IIIIIIIIIIIIIII�IIIILI III ❑Ad Sgnatura Restricted Delivery ❑ Registered Mal Restricted �=.rflfiadl Maim 9590 9402 6051 0125 9003 33 0CCertlfledMa RDelivery Restricted Delive Raw Recelpt for ❑ Collect on Delivery Merchandise Article. Number f ar sta. /m r=�>n n n.aw. � p�ivery Resrcted Delivery ❑ Signature Confinnationrr" 7 015 0 6 I� �� 11 5 Mai Restricted Delivery ❑ Resrcted Dellvery sigrature tion the permitted area; or I S Form 3811, July 20-Wi3N a5�V-d Domestic Return Receipt le permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on d acres located .2, S (Mineral, � m) umber) (Miles) Q of [L%Q,0�2y11(,�i,ik off/near road. D - RJ (Direction) county. (Nearest Tc(#m) umber/Name) inty. *SE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts ofland that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor ofthe mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located Any person may file written comment(s) to the Department at the above address within thirty (30) days ofthe issuance of this Notice or the filing ofthe application for a permit, whichever is later. Should the Dgarlment determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the Mf 9) 707-9220. 3' Cou'1 t3 mkt, yi oat. nyc� 2/799.7 (AddressedOwner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) contact � � r ....... r (Addy- of Applicant) —17— SIR I? 7015 0640 0004 2789 3837 V ✓ p{{o���{{yy7qTTEEpppqopE, PAID .._ HINOTON, NO R , - A'T' �a pad �- $7.00 �� 27589 R2304Y721857.04 � ra.n:aEi7'v �'� � eiiei••'�:aj23 P.ETURN TO SENDER NOT DELIVERABLE AS ADDRESSF0 " UNIABLE TO FORWARD _. 93043-03355202820 UTF CSC: 278898833.62 *2680-04050-29-20 27889>8831 {{I{Willi,{iit.il:{�.{ILA{ll,{I{11{I{d{i.{I�Llillli{{:1+.{1n1i111.1;{,{�lj�/h�, Mon. 'I f 1 r 1 �� ,, I Of i ! 1 Claw . i)a� � . •��1'� t p � 1 ,nry # g S Fp S �fKt fi i 9.h�y yip E 'U. A , ' ��� '4(1 f�I�,�CY was!On . � •+�rf r Stet � Fu :� �\y'Y� ��I� d t �` �O r C 1 •. �� �I i. I �: .' J t nkr 0 0,j� I �tr!� O , O tl 3 �Ct � 0 ?k o o l f4 oa �D9 rsl2l�ra7 OI I y L>, Ps O'rS �s �UhIF Ti, F t � ,f $��t t�4` � . - 'p• . b:.h' X,X j� 6.9lFF�R A� i��' .',�Ta�i'`I tly d1 !\� , i, �1 - n p'•�•1 `V .. . f 7'.r+.sny F n..a ps99Y3 1•Nol �°�'F x4r t c c,,.r r p d9 l 5N6C7 All OF �1 t Jf �iftlil halt _. t J 1� _ ,tl Roams F r S� Y � °`' ' :��- MOD tF9 CATION i - wcRTUN o F 20 Ano 5o -- A North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramom M. Bmos, Administrator Go, =Roy Coop¢ July 20, 2021 MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM. Renee Gledhill -Earley Environmental Review Coordinator Historic Preservation Office brenda.harris(@ncdenr.gov Saamty D. Rtid Wdson SUBJECT: 30-acre Rogers Nursery and Landscaping, Inc. Mining Permit, Beaufort County, ER 21-1004 We have received additional maps submitted by managers of Roger's Nursery and Landscaping, Inc. showing the actual layout of the proposed Rogers Pit #2 mine in Beaufort County. After careful review of the documents, we have determined that an archaeological survey is not a recommended course of action due to the previous disturbance of the tract from agriculture and mining activities. We therefore rescind the recommendation, in a letter dated May 20, 2021, that an archaeological survey be conducted over the tract. 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.reviewC,ncdcr gov. In all future communication concerning this project, please cite the above referenced tracking number. cc: Jimmie F. and Jean Rogers, Rogers Nursery and Landscaping, Inc. rnursery762(a)email com a•••••., ....�., ...ro�,asa.uw� Address:96I7MailS¢vi.ereo , Balogh Nc ns99-asn 7'ekppme/pvn (919) 914d570/614-6898 -M HIN UN ACAV747W 0 SO 047 LJ4P op ?jEZmj-r 361414.t7ANY I "WOW TIM 1.1 OF 966ems Prr M&P 9FJ Cj%rlvN LOCJMON OF ZW AND 50' lbk4FFMS From: Tankard, Robert <robert.tankard@ncdenr.gov> Sent: Friday, October 1, 2021 12:11 PM To: Parr, Adam <adam.parr@ncdenr.gov> Subject: Rogers Pit, Beaufort County Adam, we have visited the site and have determined that the blue line stream that separates the two pits is infact a ditch and the buffer rules will not apply. What else do you need from me or from Mr. Rogers. I though I sent you something, but apparently I did not. I am in the field today, but let me know what you need or we this suffice. Thanks! Robert 20210617 ADI.pdf 729K ��