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HomeMy WebLinkAbout20200322_agency_CommentsWehner, Judy From: Harris, Brenda M Sent: Saturday, May 02, 2020 9:25 PM To: Wehner, Judy Subject: FW: Bill Lane Pit, Wayne County, ER 20-0787 Attachments: ER_20-0787.pdf From: DCR - Environmental_ Review <Environmental.Review@ncdcr.gov> Sent: Thursday, April 30, 2020 10:41 AM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Subject: Bill Lane Pit, Wayne County, ER 20-0787 Our response is attached. Thank you. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter Instaoram YouTube North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi 11. Hamilton April 30, 2020 It_�t.�;:►1 ul TO: Brenda M. Harris Brenda. harris fni ncdenr.gov Mining Program Secretary North Carolina Department of Environmental Quality FROM: Renee Gledhill -Earley Environmental Review Coordinator SUBJECT: Bill Lane Pit, Wayne County, ER 20-0787 Office of Archives and I listoty Deputy Secretary Kevin Cherry Thank you for your March 24, 2020, memorandum concerning the above -referenced project. We have reviewed the information provided and offer the following comments. There are no recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. The proposed mine is located on a meander of the Neuse River, which is a landform that has a high probability for containing archaeological sites. We recommend that prior to any ground disturbing activities within the project area, a comprehensive archaeological survey be conducted by an experienced archaeologist. The purpose of this survey will be to identify and evaluate the significance of archaeological sites that may be damaged or destroyed by the proposed project. Please note that our office now requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at htg2s://archaeology.ncdcr.gov/archaeological-consultant-fist. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. One paper and one digital copy of all archaeological reports addressing work in the project area, as well as one digital copy of the North Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology through this office for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. Office of State Archaeology report guidelines are available at htg2s://files nc.gov/dncr-arch/OSA Guidelines Dec20l7 pdf. Location: 109 liastjones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service (race, Raleigh NC 27699-4617 Telephone/Fax: C)I9) 807-6570/A117-G599 These comments are made in accord with G.S. 121-12(a). If you have any questions regarding these comments, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579. In all future communication concerning this project, please cite the above -referenced tracking number. Wehner, Judy From: Chianese, Gabrielle Sent: Friday, April 24, 2020 11:21 AM To: Wehner, Judy Subject: Bill Lane Pit Attachments: Bill Lane Pit.docx Sorry for the delay. Hope you are doing well Gabrielle Chianese Hydrogeologist, CCPCUA Permit Program Ground Water Management Branch Division of Water Resources Department of Environmental Quality 919 707 9008 office 919 733 3558 fax g a brielle. chianeseabricdenr. gov mailing address: 1611 MSC Raleigh, NC 27699-1611 physical address: 512 N Salisbury St. Raleigh, NC 27604 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director MEMORANDUM NORTH CAROUNA Environmental Quality April 24, 2020 TO: Ms. Judy Wenner NCDEMLR-Land Quality Section FROM: Gabrielle Chianese Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Request for: Lane Farms, Inc. Bill Lane Pit Wayne County Please find attached a copy of the mining permit request for the above referenced project. The Bill Lane Pit located in Wayne County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to re_ ig ster their water withdrawals and if this mine starts to withdraw 100,000 gpd or more of water, they will need to obtain a CCPCUA water withdrawal permit. A Central Coastal Plain Capacity Use Area (CCPCUA) water withdrawal permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 707-9008 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611 161 for go online to www.ncwater.org/CCPCUA. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699 1611 mr ry Wehner, Jud From: Harris, Brenda M Sent: Thursday, April 23, 2020 5:39 PM To: Wehner, Judy Subject: FW: four DPR mine reviews Attachments: L-Craven- Env- Rev_04-20-2020.pdf, L-Wayne- Env- Rev_04-20-2020.pdf, L-Johnston-Env- Rev_04-20-2020.pdf, L-Brunswick- Env- Rev_04-20-2020.pdf From: Blanchard, Jon D <jon.blanchard@ncparks.gov> Sent: Thursday, April 23, 2020 4:31 PM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Cc: Blanchard, Jon D <jon.blanchard@ncparks.gov> Subject: four DPR mine reviews Brenda, my permitting person has left so I am filling in. Here are four reviews. Let me know if you need anything else. Do I need to send copies to the permittee? Jon Blanchard Natural Resources Program Manager NC State Parks and Recreation Nature Research Center 1615 MSC Raleigh, NC 27699-1615 Phone: (919) 707-9307 Fax: (919) 715-5161 Cell: (919) 457-3395 NORTH CAROLINA STATE PARKS t i� WO 1 .Nop[N cA_a OLI"A_ STATC _VnR[5_ Division of Parks and Recreation NC Department of Natural and Cultural Resources Governor Roy Cooper April 20, 2020 Brenda M. Harris Mining Program secretary Land Quality Section North Carolina Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Ms. Harris, Secretary Susi H. Hamilton I am responding to your request for review regarding the Mining Permit Application for Bill Lane Pit, Wayne County, NC. Based on the project as proposed, the North Carolina Division of Parks and Recreation has no objections and therefore no comments. Please feel free to contact me if you have any questions or concerns. Most Sincerely, 6% X4?1z( gvW Jon Blanchard (Apr 20, 2020) Jon Blanchard Program Head of Natural Resources North Carolina Division of Parks and Recreation (919) 707-9307 ion.blancllard cl�i.ncparks.gov Dwayne Patterson, Director NC Division of Parks and Recreation 1615 MSC- Raleigh, NC 27699-1615 NORTH CAROLINA STATE PARKS 919.707.9300 J ncparks.gov Na&A,91fib Worz64,Z ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Director Certified Mail Return Receipt. Requested 7008 1300 0000 1124 6843 Mr. William B Lane Lane Farms Inc. PO Box 1179 Goldsboro, North Carolina 27533 RE: Bill Lane Pit Wayne County Neuse River Basin Dear Mr. Lane: NORTH CAROLINA Environmental Quality April 22, 2020 We have reviewed the application/modification request you/your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Provide proof such as copies of the signed return receipts from certified mail that the county manager and adjoining landowners have been properly notified. 2. The Water Quality Regional Operations Section notes that there are possible jurisdiction streams and wetlands on and next to the proposed permit boundary. Provide proof that a stream determination has been done for this site. In addition, provide proof there is a valid wetland delineation approved by the US ACOE has been done for the areas adjoining the permit boundary. 3. In the event that any streams or wetlands exist within or next to the proposed permit boundary, a mandatory 50 foot undisturbed buffer must be provided and shown in the mine maps. These buffers must be included within the permit boundary. 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. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 N6RiH CAROl1NA ®\ �� IInn1Rm. l n/1 n/ GmtTinnw.wNt M.Itfu A. ft �I�� �� � � Certified Mail Mr. Lane 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. Si erely, Judith A. Wehner Assistant State Mining Specialist Enclosure cc: Mr. Samir Dumpor, PE Wehner, Judy From: Tankard, Robert Sent: Monday, April 20, 2020 12:56 PM To: Wehner, Judy; Miller, David; Dumpor, Samir Cc: Edwards, James; Edgerton, Thom; Pullinger, Robert C Subject: FW: 96-62 DWR REVIEW SHEET 2013.doc Attachments: 96-62 Bill Lane Pit 20200420.doc Judy, please find our comments for the above mine site. Please note we are requesting a JD and a O&M forthe site. Any questions, please let us know. Thanks! Robert Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 252-948-3921 office 252-975-3716 fax Robert. tankard(a)ncdenr.gov !>'Nothin9 Compares,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pullinger, Robert C <chris.pullinger@ncdenr.gov> Sent: Monday, April 20, 2020 10:45 AM To: Tankard, Robert <robert.tankard@ncdenr.gov> Subject: RE: 96-62 DWR REVIEW SHEET 2013.doc Robert, Attached is my comment sheet for this mine permit. I've recemtly received a complaint from DEMLR on another of Mr. Lane's projects, that I haven't yet had a chance to investigate, where it is possible there may be some buffer/water quality violations. I think there are also some other outstanding and/or unresolved issues/violations with which Mr. Lane may be involved, so like the other mine project where that was a similar issue, I thought I should mention those as things that need to be addressed before moving forward with the permit review, and are part of my reasons for needing additional information. Also, even though the aerials show that the feature most likely doesn't exist on the ground anymore, there is a stream feature showing within the permit boundary on the soil survey that would need the loop closed/documentation indicating that the buffer rules do not apply. I also am requesting a delineation of any wetlands adjacent to the mining permit boundary, even though there is no current proposal to dewater, so that the boundaries are clear and any effects can be determined. Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office Chris. ou Ilinoer(ancdenr. oov From: Tankard, Robert <robert.tankard@ncdenr.gov> Sent: Tuesday, March 24, 2020 8:46 AM To: Pullinger, Robert C <chris.oullineer@ncdenr.gov> Subject: FW: 96-62 DWR REVIEW SHEET 2013.doc Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 252-948-3921 office 252-975-3716 fax Robert.tankardCa)ncdenr. oov r." Nothing Compares - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy <iudy.wehner@ncdenr.eov> Sent: Monday, March 23, 2020 4:09 PM To: Tankard, Robert <robert.tankard@ncdenr.gov> Cc: Dumpor, Samir <samir.dumoor@ncdenr.eov>; Edwards, James <iames.edwards@ncdenr.gov> Subject: 96-62 DWR REVIEW SHEET 2013.doc Here's the review sheet for the new Bill Lane Pit in Wayne County. Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name Bill Lane Pit DEMLR Permit 96-62 County Wayne Applicant's Email: blane@lanetree.com PERMIT ACTION TYPE: YES NO Date Commencing Have land disturbing activities?? started? Date? Latituds 35.3166 Longitude:-77.9480 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 4/17/2020 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes Comments: There is a stream feature mapped on the most recent NRCS soil survev that may not be on the ground, but needs documentation to show that it is not subject to the Neuse Buffer Rules. A delineation of any wetlands adjacent to the permit boundary is needed. Also, a possible violation may exist on a complaint on another project with which Mr. Lane is involved Watershed/Stream Name & Classification: Neuse River, Stream Index #27-(56); Class C; NSW: Neuse River Basin DWR Compliance Status of Mine: n/a Does this mine (or previous owner) have DWR back fees to pay? n/a If yes, amount: Is this mine an active permit in BIMS? n/a F YES NO 401 Wetland Cert. required? d ( need delineation F 401 Wetland Cert. existing? ( Permit# Fr Does DWR RO have enough information to -- f F / determine if a 401 certification is required? — Is an O & M Plan needed? YES Are wetlands disturbed at this site? F c F Rnv Ranlcmhcr 9nin Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Does DWR RO suspect or know of nearby ( F wetlands to the site? (JD Is a wetland delineation required prior to F (Consultant DWR issuing the permit? F (Onsite? F (Offsite? Stream Determination Needed? F ( F F (a feature shows on the lo Stream Determination Completed? soil surve ma Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Needed? (a feature shows on the soil surve ma Buffer Determination Completed? F ( F Recycle system permit existing? F (Permit # New Recycle System permit required?` I Enough information to determine? Non -discharge permit existing? F (Permit # R ( Unknown. Will wastewaters discharge to HQW waters r (7Q10 Permittee with a 7Q10=0? Flow: must determine. ( Has Violation ° ( O&M Requirements ( HQW/7Q10 Concerns ( Pay back fees or renew DWR permit Does DWR require DEMLR to hold the !' ( Other. _ permit (e.g. so DWR can review it further or Please describe the reason to because DWR requires more information)? hold the permit: wetland JD, buffer/stream determination needed RO contact: Chris Pullinoer I° ( Hold Until: all ADI reviewed by DWR Mine must wait to dewater until an O&M plan is approved? Rcv R..t.mhor 9M n Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Reviewed by: DWR RO Surface Water: Chris Pullinger Regional Office: WaRO/Washington Date: April 20, 2020 RO Aquifer Protection Section: Regional Office: Date: Rau �antamhar ,2ni n Wehner, Judy From: West Jr, Donald B Sent: Wednesday, April 15, 2020 2:01 PM To: Wehner, Judy Cc: Edwards, James Subject: Bill Lane Pit Judy, I have no comments for the Bill Lane Pit in Wayne County due April 17, 2020 Thankyou Bradley West Environmental Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office donald.west@ncdenr.gov 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. NCGS Mine Permit Application Review Check Sheet Mining is to complete this Section Mine ID No. Type of Applicatio .New Mod / Transfer Mine Name: LOWl Permittee: al(/ Attached page 1-3 of the mine application. Suspense Data for Comment: 17 a° NCGS to complete this Section No Geological significance. RECEIVED Commodity Mineral Resources: S - County: Vb-t r'k— 7.5 Quad�SFIg APR 1 � 2020 3l(0(0 tj Lon -7-7. '9 LAND QUALITY Lat: W. g: � MINING PROGRAM 54977" S4.93q 1985 Geological Map Unit: Other Geological Map Units: Lithology: IA^'\ , OYUi-M }r, �� s r�2 Lkl 'f %¢�, f l MICQPPaJs SA .J I U v QMd Geochemistry Hazardous Minerals: Anne Subsidence: Slope Stability: 11, _ Seismic Hazard: — Hydrogeology: ZZEN Flood Plain Deposits: _ Comments: S� � -,e, , Reviewer. i UA-42 � f� as Date: H:\Procedures\Permit application\20190430 NCGS Mine Review.dou 14 From North Carolina Flood Risk Information System (FRIS). This aerial photograph shows the proposed mine site with the yellow marker. Floodplain map showing lloodway (striped area) and 100-year floodplain. This site would be completely underwater from a 100-year flooding event.