20220915_ADI_44-08

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Certified Mail
Return Receipt Requested
7008 1300 0000 1127 1319
Mr. William Barton Campbell
121 Ole Campbell Estate
Maggie Valley, NC 28751
RE: Barts Place
Haywood County
French Broad River Basin
Dear Mr. Campbell & Ms. Hunter:
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NORTH CAROLINA
Environmental Quality
September 15, 2022
7008 1300 0000 1127 1302
Ms. Regina Pace Hunter
192 Pilot Knob Rd.
Glenville, NC 28736
We have reviewed the application you submitted for the referenced mine site. In order for this office to complete
its review of the referenced project in accordance with N.C.G.S. §74-50 and §74-51 of the Mining Act of 1971,
please provide the additional or revised information in accordance with the following comments:
Please clarify the response to question A.1 on pg. 2 of the mine permit application. The response
indicated that the acreage to be covered by the mine permit is 50 acres. Of that 50 acres to be covered
by the permit how much is owned. The current response indicates an acreage larger than what is being
permitted.
2. Please clarify the response to question A.1 on pg. 2 of the mine permit application and the total
permitted acreage listed on page 4 of the mine permit application where 50 acres are indicated to be
permitted. This 50 acre response does not match the 50.7 acre perimeter boundary shown on the mine
maps.
Please clarify the response to question A.5 on pg. 3 of the mine permit application where it was
indicated that none of the area was mined in the past. This response is not consistent with the enclosed
NOV that was issued on July 12, 2022.
4. Please clearly identify and label on the mine map the facility storage sheds, and petroleum tank as
indicated in question 12 on pg. 10 of the mine permit application.
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. Please provide proof for Edwin D Underwood III & Carolyn Collins Underwood; James
R Boyd Sr Heirs; and James Burgin Clayton & James Patrick Clayton.
6. Please provide additional detail and clarify the size of a "medium size excavator" and "medium sized
tracked truck" as indicated in your response to question C.1 on pg. 6 of the mine permit application.
7. Please clearly identify and label on the mine map the 25 foot buffer from the mining activity and the
permit boundary as indicated in your response to question C.5a on pg. 8 of the mine permit application.
D E Q 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
NORTH CAROLINA -
oaae�emaiEnvironmental Quality /`� 919.707.9200

Certified Mail
7008 1300 0000 1127 1319 & 7008 1300 1127 1302
Mr. Campbell & Ms. Hunter
Page 2
8. Please clearly identify and label on the mine map the 50 foot buffer to any streams as indicated in your
response to question C.5b on pg. 8 of the mine permit application.
9. Please clearly indicate and label on the mine map all haul roads. Current maps only show a single haul
road along the west side of the permit boundary. Site inspections and aerial imagery show haul roads
that extend up the mountain.
10. Please clearly indicate and label on the mine map all proposed affected areas. Clearly indicate the
extent of the excavation area.
11. You have indicated in a response to NC Wildlife Resources Commission that you will not be logging
within the permit boundary. Please clarify the mining process of harvesting boulders and large rocks
without logging the area. You may provide diagrams of typical extraction areas to clarify your process.
12. Please clearly indicate and label on the mine map the overburden storage area. Your response to
question DA on page 12 indicates that Overburden will be utilized for reclamation purposes.
13. Please show all Erosion and Sediment Control (E&SC) measures on the mine map including diversion
ditches to direct surface flow to basins.
14. Please provide construction drawings and maintenance requirements for all E&SC measures including
but not limited to silt fence, construction entrance, stilling basins, energy dissipators, etc.
15. Please clarify the E&SC measures that will be installed to protect East Fork Campbell Creek from
offsite sedimentation.
16. Please indicate all current and proposed outfalls or discharges on the mine map. This should include
processed wastewater and National Pollutant Discharge Elimination System (NPDES) stormwater.
17. A NC General Industrial Stormwater Permit (NCG02) may be required for outfalls to the creek. Please
provide proof of Notice of Intent (NOI) submit to the Stormwater Program or a statement from the
Stormwater Program that a NPDES NCG02 is not required.
18. Please refer to Section D of the mine permit application and provide a reclamation map that clearly
illustrates the reclamation plan for the entire site. The map should clearly illustrate the post mining use
of the entire site. It should also include all italicized items listed in the application.
19. It is not clear from the maps provided if there are wetlands or streams beyond the major streams in the
vicinity of the mine permit boundary. Please clearly indicate and label on the mine map all surface
waters and wetlands with 50ft buffers. If there are no wetlands, please provide a statement that no
wetlands will be impacted.
20. Please see the enclosed comments from the US Fish and Wildlife Service (USFWS). Please clarify if
the proposed operation will have a federal nexus. It is recommended to complete a biological
assessment and/or biological evaluation to evaluate habitat and listed species in the area to avoid a
potential inadvertent "take".
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.

Certified Mail
7008 1300 0000 1127 1319 & 7008 1300 1127 1302
Mr. Campbell & Ms. Hunter
Page 3
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
If hand delivering or delivering by shipping company (e.g., FedEx, UPS), please deliver to our physical address:
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
512 N. Salisbury Street, 5th Floor
Raleigh, NC 27604
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 [phone] if you have any questions.
Sincerely,
Adam Parr, PE
Assistant State Mining Engineer
Enclosures: NOV — Mining Without a Permit
USFWS Comments
cc: Ms. Shawna Riddle