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HomeMy WebLinkAbout20211027_Operator_Notice_36-35ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director (`PrtifiPrl Mnil Return Receipt Requested 7016 2140 0000 4367 7253 Mr. Patrick Brindle Piedmont Lithium Carolina, Inc 32N Main Street, Suite 100 Belmont, NC 28012 RE: Carolina Lithium Project Public Hearing Gaston County Dear Mr. Brindle: NORTH CAROLINA Environmental Quality November 1, 2021 The Director of the Division of Energy, Mineral and Land Resources has determined that significant public interest surrounds your above referenced application for a mining permit. He has authorized a public hearing to be held on the matter. Enclosed is a copy of the hearing notice for your review. Enclosures cc: Mr. Zahid Khan Your continued cooperation is appreciated. Sincerely. Adam Parr, PE Assistant State Mining Engineer Dgwra�or G+YarauiWwr\ 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 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PUBLIC NOTICE Notice is hereby given of a public hearing to be held by the North Carolina Department of Environmental Quality concerning Piedmont Lithium Carolinas, Inc.'s application for Mining Permit No. 3 6-3 5 (Pending) for a lithium mining operation located off SR 1622 (Hephzibah Church Rd.), SR 1438 (St. Marks Church Rd.), and SR 1624 (Whitesides Rd.), near the town of Cherryville, in Gaston County. AUTHORITY: NC General Statute (N.C.G.S.) §74-51 and NCAC Title 15, Chapter 5 Subchapter 513, Section .0011 PLACE, TIME, DATE: Due to significant public interest the Division of Energy, Mineral, and Land Resources (DEMLR) will host an "In Person" hearing as well as a virtual overflow hearing via WebEx. If registrants are not able to speak during the "In Person" hearing, they will be asked to provide comments in writing or to attend the virtual hearing. IN PERSON: Date and Time: Information Session: Monday, November 15, 5:30 p.m. Hearing: 6:30 p.m. to 9:30 p.m. Location: Gaston County Courthouse 325 Dr. Martin Luther King, Jr., Way Gastonia, NC 28052 ONLINE: Date and Time: Thursday, November 18, 7:00 p.m. to 9:00 p.m. Participants can join the meeting at 6:45 p.m. Cisco WebEx Link: https://ncdenrits.webex.com/ncdenrits/j.php?MTID=m l6a9c3c2 54010c443da070654695f6df Meeting Password: NCMining (62646464 from phones) Meeting Number (Access Code): 2429 910 6211 Cisco WebEx by Phone: +1-415-655-0003 US TOLL Meeting number (access code): 242 991 06211 Page 1 of 4 Internet access is not required to participate in the meeting. To comment by phone, when your name is called, press *3 so the moderator can identify and open your line. Once you have made your comment, please press *3 to end your comment. PURPOSE: To receive comments related to the application for a mining permit for a lithium mining operation located off SR 1622 (Hephzibah Church Rd.), SR 1438 (St. Marks Church Rd.), and SR 1624 (Whitesides Rd.), near the town of Cherryville, in Gaston County. Comments shall be limited to those that relate directly to the seven (7) denial criteria listed under N.C.G.S. §74-51 of The Mining Act of 1971 that the Department considers in making its decision to grant or deny a new mining permit application or a modification to an existing mining permit. These criteria are as follows: The Department may deny such permit upon finding: That any requirement of this Article or any rule promulgated hereunder will be violated by the proposed operation; 2. That the operation will have unduly adverse effects on potable ground water supplies, wildlife, or fresh water, estuarine, or marine fisheries; That the operation will violate standards of air quality, surface water quality, or ground water quality which have been promulgated by the Department; 4. That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road; 5. That the operation will have a significantly adverse effect on the purposes of a publicly -owned park, forest or recreation area; 6. That previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; or 7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that result in: Page 2 of 4 a. Revocation of his permit, b. Forfeiture of part or all of his bond or other security, c. Conviction of a misdemeanor under N.C.G.S. §74-64, or d. Any other court order issued under N.C.G.S. §74-64, or e. Final assessment of a civil penalty under N.C.G.S. §74-64. In the absence of any findings set out above or if adverse effects are mitigated by the applicant as determined necessary by the Department, a permit shall be granted. COMMENT PROCEDURE: All persons interested in this matter are invited to attend. The hearing will be conducted in the following manner: 1. Explanation of the action for which the permit is required by the hearing officer. 2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by the Division of Energy, Mineral, and Land Resources. 3. Description of the proposed mining operation as applied for by the applicant. 4. Public Comment — Comments, statements, data, and other information may be submitted in writing prior to the hearing or may be presented orally at the hearing. Persons desiring to speak must follow the procedure outlined below. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the hearing officer. Oral presentations must not exceed the time limit established by the hearing officer. Any oral presentation that exceeds three (3) minutes must be submitted as directed by the hearing officer. 5. If you wish to speak at the public hearing (in person or virtual), you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 12:00 PM on November 15, 2021. To register, please visit the following link: https:Hforms.office.com/g/xjR07YaPa3 or call 919-707-9207 6. If you have technical difficulties, an automated voicemail will be set up from November 15, 2021, until November 26, 2021, to receive your verbal comments: 919-707-9207 (Please state your name before commenting.) 7. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. Page 3 of 4 8. (Optional) The applicant may make a short presentation at the end of the hearing and may be available for individual/group discussion after the hearing is adjourned. 9. The proceedings will remain open for a period of ten (10) days following the hearing for additional written arguments or statements. INFORMATION: A copy of the mining permit application and corresponding maps are on file with the Mooresville Regional, Raleigh Central Office, and online at our webpage, for the public's information and review prior to the date of the public hearing. To submit comments or for additional information concerning this hearing contact by writing or calling: Adam Parr, PE Assistant State Mining Engineer Division of Energy, Mineral, and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Telephone: 919-707-9207 Comments can be submitted via email to ncminingprogram@ncdenr.gov with the subject line "Carolina Lithium Project". Page 4 of 4