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HomeMy WebLinkAbout20220606_ADI_ResponseOAARCADI Mr. Adam Parr, P.E. Arcadis U.S., Inc. Assistant State Mining Engineer 300 S Washington Division of Energy, Mineral and Land Resources Square North Carolina Department of Environmental Quality Suite 315 512 N. Salisbury Street Lansing 1612 Mail Service Center Michigan 48933 Raleigh, NC 27699-1612 Phone: 517 337 0111 Fax: 517 267 4755 Date: May 25, 2022 www.arcadis.com Our Ref: 30105159 Subject: Response to NCDEQ Review of Revised Permit Modification RECEIVED Application for Buechel Stone Corporation Steel Gray Mine, Spruce Pine, North Carolina JUN 0 6 202Z LANE) QUALITY Dear Mr. Parr, MINING PROGRAM M On behalf of Buechel Stone Corporation (BSC), Arcadis US, Inc. (Arcadis) has prepared this Addendum to the Revised Permit Application for the BSC Steel Gray Mine located near Spruce Pine, North Carolina, dated and signed March 18, 2022, in response to your May 13, 2022 letter. In that letter, you stated that in order to complete your review of the application in accordance with N.C.G.S. §74-50 and §7451 of the Mining Act of 1971,Pursuant to G.S. 74-52 of the Mining Act of 1971, additional information was required. The addendum is being submitted for review and approval by the North Carolina Department of Environmental Quality, Division of Energy, Mineral, and Land Resources (NCDEQ). The Addendum attached herein provides the information requested in that letter. In summary, the major change provided in the Addendum is the addition into the permitted acreage for the mine of a section of Washburn Road between the intersection of Washburn Road and the north end of the Hollifield property, proceeding north and westward along Washburn Road to the beginning of the public road access. The total permitted acreage increases 0.73 acres from 60.90 acres to 61.63 acres. The entire 0.73 acres has been added to the total for the access roads This change also results in the addition of four adjacent landowners to the permitted acreage of the mine. Under separate cover, adjacent landowners are being notified. The proposed mine area remains approximately 0.70-acre area with an estimated site life of 10 years. The comments from your letter are provided below with the response to your comments and the applicable reference in the Addendum. NCDEQ Comments/Response 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. 113 Adam Parr, P.E. North Carolina DEQ May 25, 2022 Response: As discussed above the permit boundary has been extended to the north and west along Washburn Road. The revised permit boundaries are shown on the attached Figure 3A. Because of this revision, Figures 3, 4, 5, and 6 have been revised as well as pages 2, 4, and 14, which aft contain acreages on them. Note that page 14 is the "Affected Acreage Bond Determination" and we had agreed that NCDEQ would make that calculation. 2. 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. a. Proof of notice to adjoining landowners to the non-public road where the permit boundary needs to be extended was not provided in the last submittal. Response: The new adjoining landowners are included on the list that is part of the Addendum. Proof of notice will be sent by BSC when the notices are mailed. b. Proof of notice to the chief administrative officer of each county and municipality was not provided in the last submittal. Response: this notice is being sent by BSC and proof of notice will be provided. 2. Pg. 18 of the original application and the last submittal was missing the County Administrative Officer name and address. Response: Page 18 of the application with the name and address of the Mitchell County manager is included in the Addendum package. 3. Please clearly indicate on the mine map all adjoining landowners to the mining permit boundary. There were certified mail receipts provided for adjoining landowners who are not visible on the mine map. Response: Both the enclosed Figures 3 and 3A show the property boundaries and the names of the adjoining landowners. 4. The land entry agreement (pg. 19 of the application) was not signed. Please provide a signed copy of the land entry agreement. Response: a signed version of page 19 is included in the Addendum. The attached package includes two copies of the Addendum as requested. Please contact me with any questions. Thank you for your consideration. Sincerely, Arcadis U.S., Inc. Christopher S. Peters, PG Vice President www.arcadis.com 2/3 Draft Cover {after for BSC Mine application revision 2022.03.15.docx Adam Parr, P.E. North Carolina DEQ May 25, 2022 Email: chris.oeters aa)arcadis.com Direct Line: 517.324.5052 Mobile: 517.927.3611 CC. Mr. Chris Bucy, Buechel Stone Corporation Ms. April Dowland, Buechel Stone Corporation Enclosures: Addendum to March 28, 2022 permit modification application (Page 2, 4, 14,18, 19, list of adjacent landowners) Revised Figures 3, 4,5, 6 New Figure 3A www.arcadis,con, 3/3 Draft Covor kller ror SSC MMe applicelbn mvW nWn.03.15.d= NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 NOTE: All the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all the following that apply: F-1 This is an application for a NEW permit. Indicate the total acreage at the site to be covered by the permit (This is the acreage the new permit fee will be based upon.) 0 Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: This is an application for a MODIFICATION to a mining permit. Mining Permit Number: 61 -1 9 Total permitted acreage, 61.63 Does the modification involve acreage within the previously approved permitted boundary? F]YES NO If yes, indicate the acreage to be covered by this modification Does the modification involve acreage outside the previously approved permitted boundary? FX-1YES FINO If yes, indicate the additional acreage to be covered by this modification 49.43 NOTE: You must complete all of Section F of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit, will any portion be affected (i.e.: disturbed, ground cover removed by the mining operation? X YES NO If yes, indicate the acreage to be affected within the acreage to be added to the permit 0.70 The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. This is an application for TRANSFER of a mining permit. Mining Permit Number: 6 1 - 1 9 Total permitted acreage: 61.63 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N. Salisbury St., 5" Floor Raleigh, NC 27699-1612 Raleigh, NC 27604 Hftp://portal.ncdenr.orq/web/ir/geological home (919) 733-2423 County highway maps may be obtained from the N.C. Department of Transportation: Mailing Address NCDOT GIS Unit 1587 Mail Service Center Raleigh, NC 27699-1587 http://www.ncdot.r,q/iyqis Physical Address NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, NC 27610 (919)212.6000 2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, waste piles, processing areas/haul roads, mine excavations and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: AFFECTED ACREAGE TABLE: For new permits, complete only the total affected acreage column. For modifications, complete all columns. CATEGORY CURRENT AFFECTED ACREAGE PROPOSED CHANGE TO AFFECTED ACREAGE TOTAL AFFECTED ACREAGE Tailings/SedimentPonds 0.33 -0.27 0.06 Stockpiles 0.00 Waste piles 0.89 -0.89 0.00 Processing Areas/Haul Roads 0.46 1.87 2.33 Mine Excavations 3.67 0.70 4.37 Other (buffers, cleared areas) 6.85 -4.71 2.14 Total Affected Acreage 12.20 -4.03 8.17 Total Permitted Acreage 12.20 1 48.70 1 61.63 P rv;ed July 13 2021 P 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage. for each aspect of the mining operation, that you intend to affect during the life of this mining permit (in addition, please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR -you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds 0.06 Ac. X $ /Ac. _ $ 0.00 Stockpiles Ac. X $ lAc. _ $ 0.00 Waste Piles Ac. X $ IAc. _ $ 0.00 Processing Area/Haul Roads 2.33 Ac. X $ /Ac. _ $ 0.00 Mine Excavation 4.37 Ac. X $ /Ac. _ $ 0.00 Other 2.14 Ac. X $ /Ac. _ $ 0.00 TOTAL AFFECTED AC.: 8.90 Ac. TOTAL PERMITTED AC.: 61.63 Ac. Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage 8.90 Ac. X $1,500.00 = $ 13,350.00 SUBTOTAL COST: $ 0.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST 0.02 x $ 0.00 X 10 OF LEASE (YEARS) = $ 0.00 Total Reclamation Bond Cost: TOTAL RECLAMTION BOND COST = SUBTOTAL + INFLATION = $ 0.00 Round down to the nearest $100.00 NOTE: The reclamation bond cannot exceed $1 million per GS 74-54 Steel Gray Mine - Adjacent Property Owners Additional List NC Mining Permit Application Adjoining Landowner Name Kinard, James & Martha Morgan, Theral E & Lynne S Yancey Timber Resources LLC Bryant, Myron & Susan Ledford, Tina & Richie Dale, Lewis Richard Jr. Letterman, Bryan R. Windmueller, Daniel Included in Application Body: Address 409 Fairway Dr, Fort Mill, SC 29715 2500 N Kings, Myrtle Beach, SC 29577 PO Box 302, Spruce Pine, NC 28777 358 Cherry Blossom Ln Burnsville, NC 28714 1676 Washburn Rd., Spruce Pine, NC 26777 254 Dale Hill Lane, Flat Rock, NC 28731 117 White Rock Dr., Mt. Holly, NC 28120 4842 Juniper Lane, Evergreen CO 80439 Queen, Ruth 2533 Al tapass Hwy, Spruce Pine, NC 28777 Greene, Mark Roger 1142 Washburn Rd, Spruce Pine, NC 28777 Quinn, Vickie 285 Humpback Mtn Rd, Spruce Pine, NC 28777 Matthew Laws & Cara Hollifield 239 Ettas Ln, Spruce Pine, NC 28777 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G,S. 74-59. LANDOWNER: APPLICANT: Signature Signature* Print Name Hollifield, JD & Jo Etta Print Name Title (if applicable) Title Company (if applicable) Landowners of Record Company Address 181 Greenberry Rd Mine Name Bakersville, NC 28705 Telephone Telephone ' g- 3 Qq-, U a g 9 T Date Signed Date Signed *Signature must be the same as the individual who signed Page 1 of this application. Buechel Stone Corporation Steel Gray Mine 920-907-5015 Del -?I • 2 Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. 119 NORTH CAROLINA MINING State of North Carolina PERMIT APPLICATION Department of Environmental Quality Division of Energy, Mineral, and Land Resources AFFIDAVIT OF NOTIFICATION 1612 Mail Service Center Raleigh, NC 27699-1612 (919) 707-9220 1, Chris B ucy , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: joining Landowner Name Address Quinn, �/ickie 285 Humpback Mtn Road, Spruce Pine, 28777 Queen, Ruth Fws,thew & Cara Hollifield 2533 Altapass Hwy, Spruce Pine, 28777 239 Ettas Ln, Spruce Pine, 28777 reene, Mark 1142 Washburn Rd, Spruce Pine, 28777 Attach additional list if nnrnsenni _„_._. ,• ... --lai auioining ianaowners listed on the following page. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: Allen Cook 26 Crimson Laurel Circle, Bakersville, NC 28705 Chief Administrative Officer Name Address (i.e.: City Manager, County Manager, Mayor, etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). 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