20211018_NOV

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
October 18, 2021
NOTICE OF VIOLATIONS OF MINING PERMIT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70171070 0000 9922 1244
Roger J. Boyd II
Absolute Service Company, LLC
3501 Barons Way
Trent Woods, NC 28562
RE: Mining Permit No. 52-10
Dunn Mine
Jones County
Neuse River Basin
Dear Sir:
This is to inform you and/or your company of violations of the above referenced mining permit. On
October 12, 2021, Scott Graboski, Environmental Specialist with the Washington Regional Office of the
Division of Energy, Mineral, and Land Resources (DEMLR) of the Department of Environmental Quality
conducted an inspection of the subject facility. A copy of the inspection report is attached for your reference.
Inspection results revealed violations of the following mining permit conditions (Permit No. 52-10). Each
violation listed below has an associated corrective action to be taken in order to bring the site into
compliance. Corrections must be made within sixty (60) days following your receipt of this Notice.
1) Operating Condition 4.A.
"Adequate mechanical barriers including... sediment retarding structures... shall be provided
in the initial stages of any land disturbance and maintained to prevent sediment from
discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in
proximity to the affected land."
Failure to install a construction entrance has allowed sediment to accumulate on Oak Grove
Road.
D � North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
rooanicnaouw.
a -- � /'� 252,946.6481

Notice of Violations
Absolute Service Company, LLC
10/18/2021
Page 2 of 4
Corrective Actions:
A. Construction entrance installation is immediately required to keep sediment off of
roadway.
2) Operating Condition 4.C. of Mining Permit 52-10
"No dewatering activities shall occur at this site."
Multiple pumps actively pumping water away from the excavation site were observed.
Corrective Actions:
A. Immediately cease all pit dewatering (pumping). This is violation of Mining Act of 1971, 74-
64(a)(1)(b) and you can be fine up to $500.00 per day. If dewatering of the pit is now a
requirement of operating, submit a modification with the necessary supporting documents. If
this is an emergency, submit a letter to the Regional Engineer, if he agrees he will forward it
to the Mining Program to get temporary approval from the Director of DEMLR.
3) Operating Condition 5. of Mining Permit 52-10
"All mining permit boundaries (25.0 acres) shall be permanently marked at the site on 100 ft.
intervals unless the line of sight allows for larger spacing."
Corrective Actions:
A. Get a licensed surveyor to mark the permitted boundary as indicated on your
07/02/2020 mine map.
4) Operating Condition 9. of Mining Permit 52-10.
"Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation
and any mining permit boundary to protect adjacent property."
The undisturbed buffer has been encroached upon and disturbed to the northeast, where
drainage is leaving the site, to the south, where new clearing has taken place, and to the
southeast (east of the access road) where additional clearing has taken place.

Notice of Violations
Absolute Service Company, LLC
10/18/2021
Page 3 of 4
5) Operating Condition 10.A. of Mining Permit 52-10
"No on -site disposal of refuse or other solid waste that is generated outside of the mining permit
area shall be allowed within the boundaries of the mining permit area unless authorization to
conduct said disposal has first been obtained from both Division of Waste Management and
the Land Quality Section, Department of Environment and Natural Resources. The method of
disposal shall be consistent with the approved reclamation plan."
Concrete has been brought into the permitted area and stockpiled. Ricky Boyd, a mine operator
at the site, stated that the intent is to accumulate more concrete before having it crushed to use
for roadways.
Corrective Actions:
A) Immediate and proper disposal of all off -site generated material, or;
B) Modify current permit to allow beneficial fill.
6) Operating Condition 12. of Mining Permit 52-10
"The operator shall notify the Department in writing of the desire to delete, modify, otherwise
change any part of the mining, reclamation, or erosion/sediment control plan contained in the
approved application for a mining permit or any approved revision to it. Approval to implement
such changes must be obtained from the Department prior to on -site implementation of the
revisions."
Land disturbance has exceeded permitted acreage. The permitted acreage at this site is 25.0 as
listed in your permit (dated 12/01/2017) and on the latest revision to your mine map (dated
07/02/2020). You are currently using approximately 6 acres to the south for screening
operations, and 2 acres to the southeast, in addition to your permitted acreage.
Corrective Actions:
Immediately cease all mining activities within unpermitted area. A mining permit modification
is needed, as soon as possible, to include additional acreage. The remaining (approximately)
8 acres outside the mine excavation limit is to be included with the permitted total of 25.0
acres. This affected land, at this time, is mining without a Mining Permit. You can be fined
up to $5,000.00 per day in accordance with 74-64(a)(1)(a) of the Mining Act of 1971.

Notice of Violations
Absolute Service Company, LLC
10/18/2021
Page 4 of 4
Please respond in writing to this letter within thirty (30) days of receipt. Your response to this letter should be
mailed to the Washington Regional Office at:
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Washington Regional Office
Mr. Samir Dumpor, PE
Regional Engineer
943 Washington Square Mall
Washington, North Carolina 27889
If the above violations are not corrected within sixty (60) days following your receipt of this Notice,
appropriate enforcement action may be taken, and a civil penalty may be assessed against your company. If a
civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation,
beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions
may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining permit rests with
you. The responsibility also rests with you for notifying this office of your plans to correct the violations.
Please do not hesitate to contact Mr. Samir Dumpor, PE, Regional Engineer, at 252-946-6481 or Mr.
David Miller, PE, State Mining Specialist, at 919-707-9220 regarding any questions you might have about this
matter.
Sincerely,
Samir Dumpor, PE
Regional Engineer
Enclosures: Mine Inspection Report
cc: Washington Regional Office Files
Brad Cole, Section Chief of Regional Operations
David Miller, PE, State Mining Specialist