20220712_NOV_mining_wo_permit

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 12, 2022
NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT
CERTIFIED MAIL — 7021 2720 0000 1254 8906
RETURN RECEIPT REQUESTED
William Barton Campbell
121 Ole Campbell Estates
Maggie Valley, NC 28751
CERTIFIED MAIL — 7021 2720 0000 1254 8913
RETURN RECEIPT REQUESTED
Wanda D. Campbell
121 Ole Campbell Estates
Maggie Valley, NC 28751
CERTIFIED MAIL — 7021 2720 0000 1254 8920
RETURN RECEIPT REQUESTED
Betty Joe Campbell
C/O Hazel Bradshaw
122 Ole Campbell Estates
Maggie Valley, NC 28751
To Whom It May Concern:
This is to inform you that you and/or your firm are/is violating the Mining Act of 1971 by operating
a mine without a permit as required by North Carolina General Statutes (hereinafter NCGS) 74-
46, et seq., as amended.
On June 30, 2022, personnel of this office inspected a mining operation being undertaken off
Campbell Creek Road in Haywood County. Personnel of this office have also determined that
you and/or your firm are the operator of this mine. The area affected at the site by mining -related
activities was measured to be 3.58 acres in size.
Pursuant to G.S. 74-50 of the Mining Act of 1971, no person may operate a mine without first
obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is
defined by NCGS 74-49 as:
The breaking of the surface in order to facilitate or accomplish the extraction or removal
of minerals, ores, or other solid matter.
Ir D_E QNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
:mawma�mwain 828.296.4500

Notice of Violations
William Barton Campbell, Wanda D. Campbell, Betty Joe Campbell, Hazel Bradshaw
July 12, 2022
Page 2 of 3
Any activity or process constituting all or part of a process for the extraction or removal
of minerals, ores, soils, and other solid matter from its original location; and/or
The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid
matter so as to make them suitable for commercial, industrial, or construction use.
"Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock metallic ore,
and any other solid material or substance of commercial value found in natural deposits
on or in the earth (NCGS 74-49(6)).
Because you are in violation of The Mining Act of 1971 you are directed to immediately halt
the above -mentioned mining operation until you have obtained a valid mining permit from
this Department. Please contact this office immediately at 828-296-4500 to indicate your
intention to comply with the Act. In addition, you must take the following corrective actions to
bring this site into compliance:
Within 30 days of your receipt of this Notice, complete and file an original and 5 copies
of an application form for a mining permit for this site along with the required
corresponding mine maps and reclamation plan. The appropriate mining permit
application processing fee is also required. The application for a mining permit, The
Mining Act of 1971, the Administrative Rules, and other forms may be downloaded by
visiting:https://deg.nc. gov/about/divisions/energy-mineral-land-resources/eneryy-
mineral-land-permits/mining-program
In the event that your application for a permit is approved, you must post a bond or other
form of security acceptable to the Department to ensure that the affected area will be
reclaimed when your mining operation has terminated. The bond does not have to be
submitted concurrent with the application for a permit.
Pending the decision to approve or deny your application for a permit, you must take the
following corrective actions to restore or repair any damage that has resulted from your
unlawful mining activity:
Or
As an alternative to filing a mining permit application, you must immediately initiate
reclamation of all affected acreage at this site. Such activities include temporary erosion
and sedimentation control measures, temporary groundcover, and any other temporary
activities to stabilize the site until a reclamation plan is submitted to and approved by the
Department. In addition, within 30 days of your receipt of this Notice, you must submit a
plan detailing the intended reclamation of all affected acreage at this site, including a
specific schedule for completion of this work.

Notice of Violations
William Barton Campbell, Wanda D. Campbell, Betty Joe Campbell, Hazel Bradshaw
July 12, 2022
Page 3 of 3
Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to
$5,000.00 per day for each day of a continuing violation. A penalty may be assessed for
violations committed prior to your receipt of this notice. A penalty will be assessed for
violations committed after receipt of this Notice. Should you fail to comply with the terms of
this Notice within the prescribed time frames, additional enforcement action will be taken. Such
action may result in the issuance of an injunction or the imposition of a criminal penalty.
The responsibility for understanding and complying with the requirements of the Act rests upon
the individuals and firms who are subject to its requirements. A copy of the Act and the
Administrative Rules is enclosed for your information.
The subject site will not be considered in compliance with the Act until you have obtained a
valid mining permit and/or satisfactorily completed the required reclamation work. Please do not
hesitate to contact either Shawna Riddle or me regarding any questions you might have on this
matter.
Sincerely,
Land Oua itv Section
Attachments: Inspection Report
cc: David Miller, P.E., State Mining Specialist, [e-mail]

North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE ® UNPERMITTED MINE SITE
1. MINE NAME: Campbell Mine 2. MINE LOCATION: off Campbell Creek Road
3. COUNTY: Haywood 4. RIVER BASIN: French Broad 5. CASE:
6. OPERATOR: William Barton Campbell, Wanda D. Campbell, Betty Joe Campbell, Hazel Bradshaw
7. ADDRESS: 121 and 122 Ole Campbell Estates, Maggie Valley, NC 28751
8. MINING PERMIT #: ®N/A 9. PERMIT EXPIRATION DATE: ®N/A
10. PERSON(S) CONTACTED AT SITE: William Barton Campbell
11. PICTURES? ® Yes ❑ No TAKEN BY: Shawn Riddle
12. TYPE OF INSPECTION:
® A. Initial Inspection (Unpermitted Mine Sites)
1. Size of affected land: 3.58 ac. (attach sketch map)
2. How was this area measured? odometer, range finder Measured by: Shawna Riddle
❑ B. Routine Inspection (Permitted Mine Sites)
❑ C. Follow-up Inspection
13. Date of last inspection:
14. Any mining since that date? ❑ Yes ❑ No If yes, cite evidence of such mining activity:
15. Was mine operating at time of inspection? f j Yes U No If yes, explain: rock removal/stockpile area
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No ® N/A If
no, explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ NoVN/A
no, explain:
if
18. Is there any oft -site damage? A. ® Yes B. ❑ No C. ❑ None observed
If A, describe the type and severity of the damage: Slight sediment damage to the East Fork Campbell Creek (Class WS-III;Tr)
from ditchline.
If B or C, is there potential for offsite damage? Lj Yes II No Explain:
19. Corrective measures needed and/or taken: 1. Cease all mining activity. 2. Apply for a mining permit or submit a reclamation
plan for the site. 3. Stabilize all disturbed areas. 4. Install measures needed to retain sediment onsite and out of the creek.
20. Other recommendations and comments: Site visit due to a complaint. A mining permit must be applied for and obtained for all
disturbed areas and/or additional areas to be disturbed. No additional mining activity is to take place onsile until a mining permit or reclamation
plan has been submitted and approved.
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed ® N/A
22. Follow-up inspection needed? V Yes II No Proposed date 30 days
23. No. of additional pages of Inspection Report - 24. Copy of Report sent to operator with NOV
INSPECTED BY: SlaWlfa Kvl&le , Fred Walker
Telephone No: 919-302-5311 cell
DATE 6/30122
Copy to file Copy to operator Copy to Mining Specialist