20220708_Denial_Letter_10-A01_signed

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
July 8, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7019 1120 0001 4878 6481
Mr. Malcom Jones
Jones Holdings NC, LLC
4009 Henderson Road
Greensboro, NC 27410
RE: Denial of the Proposed Mirasol Farm Mine
Brunswick County
Cape Fear River Basin
Dear Mr. Jones:
This letter is in response to your permit application request submitted May 5, 2021 for the
above referenced mine site. The application was reviewed in accordance with the
requirements of the North Carolina Mining Act of 1971 and the applicable rules
established in the North Carolina Administrative Code.
Pursuant to GS 74-51(d), your application request is hereby denied in accordance with
the following denial criteria:
(2) That the operation will have unduly adverse effects on potable groundwater
suaDlies. wildlife. or fresh water. estuarine. or marine fisheries:
Pursuant to GS 74-51(g), the Department is required to notify the permit applicant of
any modifications in the application that would make the application acceptable. The
Department is unaware of a modification that can be made to the application that would
eliminate the unduly adverse effects on potable water supplies. If the applicant can
present a way the site can be mined without threatening the potable groundwater
supplies in the Brunswick County wellhead protection area, the Department will
consider it.
In accordance with GS 74-61, you may appeal this denial by filing a written petition for
an administrative hearing with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714, within thirty (30) days. Your petition and filing fee
must be submitted in accordance with the provisions of GS 15013-23(a) and 1506-23.2.
A copy of the petition must be served on the Department as follows:
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
''^+� 919.707.9200

CERTIFIED MAIL
Mr. Jones
Page Two
Mr. Bill Lane
General Counsel
NC Department of Environment Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please contact Mr. David Miller, State Mining Engineer, Land Quality Section, with any
questions regarding this letter. He may be reached at [phone].
Sincerely,
Brian Wrenn
Director
Division of Energy, Mineral, and Land Resources
cc: Dan Sams, PE, NCDEQ Wilmington Regional Office
David Miller, PE, NCDEQ
Doug Ansel, NCDEQ Office of General Counsel
Mike Ranck, NCDEQ Division of Water Resources
Carolyn McLain, Assistant Attorney General, NC DOJ