HomeMy WebLinkAbout20211121_Public_Hearing_AttachmentsNORTH 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 Carolina Sunrock LLC's application for a mining permit for
a crushed stone mining operation located near Prospect Hill in Caswell County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 513, Section .0011
PLACE, TIME, DATE: Caswell County Commissioners Meeting Room
144 Court Square
Yanceyville, NC 27379
7:00 PM
November 4, 2019
PURPOSE:
To receive comment related to the application for a mining permit for a crushed stone mining
operation located near Prospect Hill in Caswell County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under 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:
1. 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;
3. 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:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under 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, Land
Quality Section.
3. Public Comment - Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at the hearing. 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 accompanied by three (3) written
copies, which will be filed with the hearing officer at the beginning of the
oral presentation.
4. Cross examination of persons presenting testimony will not be allowed;
however, the hearing officer may ask questions for clarification.
5. (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.
6. 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 * Regional
and Raleigh Central Office, Land Quality Section, for the public's information and review prior
to the date of the public hearing. Additional information concerning this hearing may be
obtained by writing or calling:
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: (919) 707-9220
PUBLIC HEARING FORMAT
I. Call to Order:
7/20/04
Good evening and welcome. My name is Samir Dumpor and I am the
hearing officer for this public hearing. My responsibility is to provide a
record of this hearing and written comments for the Director of the
Division of Energy, Mineral, and Land Resources. I would like to
emphasize that absolutely no decisions will be made this evening on this
permit application. Please sign in at the back on the sign in sheets and
indicate whether or not you wish to speak, if you have not already done
so.
Please take a copy of the Mining Act of 1971 for reference during the
hearing.
Introduce DENR staff:
David Miller, State Mining Specialist
Judy Wehner, Assistant State Mining Specialist
Tony Sample, Program Specialist
Tamera Eplin, Regional Engineer, Winston Salem Regional Office
Zack Lentz, Assistant Regional Engineer, Winston Salem Regional Office
Christ Simmons, Public Information Office, DEQ
II. State the Purpose for Hearing:
The purpose of this hearing is to receive public comment related to the
mining permit application for the operation of a crushed stone quarry
located near Prospect Hill in Caswell County.
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. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of registration
at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing
officer. Oral presentations which exceed three (3) minutes must be
accompanied by three (3) written copies which will be filed with the
hearing officer at the time of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (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.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or
statements.
III. Explanation of the Action for which a Mining Permit is Required:
The applicant proposes to operate a crushed stone quarry located near
Prospect Hill in Caswell County. The applicant has submitted an erosion
and sedimentation control plan for the mine site intended to protect
surrounding areas and watercourses. A reclamation plan has also been
submitted to the Department for review concerning restoration of this area
to a useful land use once mining has terminated. A copy of this
information may be viewed here at the front of this hearing room after the
hearing has adjourned. Copies of the application materials may also be
viewed upon request after tonight at the Land Quality Section's Winston
Salem Regional Office and the Raleigh Central Office.
III. LQS Presentation:
Now I would like to defer to David Miller, State Mining Specialist with
DEMLR, for a brief explanation of the mining permit procedures as set
forth in the Mining Act of 1971
IV. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
permit application. These criteria are the ones that were explained in
detail to you a few minutes ago by the Land Quality Section Mining
Program staff.
Again, if you have not already signed the attendance sheet in the back,
please do so now. This will provide us with an accurate attendance
record and will let us know who wishes to speak at the hearing tonight.
We do not want to miss anyone.
In light of the number of people who have indicated their desire to present
comments on this application, I will limit oral comments to 5 minutes per
person in order to give everyone desiring to speak adequate time. If there
is additional time available at the end of the hearing, I may allow
additional comments at that time.
There is no particular order in which I will call on you to speak, unless you
have specifically requested so prior to the start of this hearing. Therefore,
I will proceed row by row down the attendance sheets calling on those
who have indicated that they wish to speak.
Please step forward to the podium when I call your name. If you have
written comments it would be extremely helpful if you would provide them
to us before you start your presentation.
(Call on each person who wishes to speak and take notes on their comments,
concerns, etc.)
LQS staff will address questions concerning the Act.
After all of the individuals that have indicated that they wish to speak have
finished their presentations, ask if anyone else wishes to speak. Ask
them to approach the podium.
Is there anyone else?
At this time, would the applicant wish to make some brief comments?
We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
will review the items presented tonight as they relate to G.S. 74-51 of the
Mining Act of 1971.
- The proceedings of this public hearing will remain open for a period of 10
days from tonight or until November 14, 2019 for the filing of additional
written comments to be included in the official hearing summary I will
prepare for the Director of the Division of Energy, Mineral and Land
Resources.
Please send 3 copies of any written comments to me at the following
address:
Samir Dumpor
Regional Engineer
Washington Regional Office, DEMLR
943 Washington Square Mall
Washington, North Carolina 27889
Please note that even though the public hearing summary will close on
November 14, 20199, the Department will continue to accept written
public comments on this application throughout the application review
process until a decision is made.
Are there any questions? If not, this public hearing is now adjourned.
1012019
MINING PROGRAM PUBLIC HEARING PRESENTATION
As Mr. Dumpor stated, my name is David Miller. My title is State Mining Specialist with
the Department of Environmental Quality, Division of Energy, Mineral and Land Resources,
Mining Program.
My job, and that of the other members of the staff, is to review all applications for a
mining permit as they relate to The Mining Act of 1971. There were copies of the Act
(hold up) placed at the sign in area.
I would like to take a moment and briefly review a few specific areas of the Act. If you
would refer to G.S. 74-47, Findings, on the first page of the Mining Act handout (white
handout):
"The General Assembly finds that the extraction of minerals by mining is a basic and
essential activity making an important contribution to the economic well-being of North
Carolina and the Nation. Furthermore, it is not practical to extract minerals required by
our society without disturbing the surface of the earth and producing waste materials,
and the very character of certain surface mining operations precludes complete
restoration of the land to its original condition. However, it is possible to conduct mining
in such a way as to minimize its effects on the surrounding environment. Furthermore,
proper reclamation of mined land is necessary to prevent undesirable land and water
conditions that would be detrimental to the general welfare, health, safety, beauty, and
property rights of the citizens of the State. The General Assembly finds that the
conduct of mining and reclamation of mined lands as provided by this Article will allow
the mining of valuable minerals and will provide for the protection of the State's
environment and for the subsequent beneficial use of the mined and reclaimed land."
On page 4 of the Mining Act, under G.S. 74-51, Permits - Application, granting, conditions, the
Act states, under subsection (b) that:
"The Department shall grant or deny the permit requested as expeditiously as possible, but in
no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department, or if
a public hearing is held, within 30 days following the hearing and the filing of any relevant and
material supplemental information reasonably required by the Department.
On page 5 of the Act, under subsection (c), the Act goes on to state:
"The public hearing shall be held within 60 days of the end of the 30-day period within
any requests for the public hearing shall be made."
The most important information that I can present to you tonight is found under subsection (d)
beginning at the bottom of page 5 of the Act. It states:
"The Department may deny the permit [or modification to the existing permit] upon
finding [only one of the seven criteria listed on pages 7 and 8 of the Act]:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
This means that the very nature of the activity proposed in the application
will immediately violate any of the basic requirements of the Act and
corresponding Administrative Rules.
2. That the operation will have unduly adverse effects on potable groundwater
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
The application was routed to WRC on September 6, 2019 for their review
and comment. WRC's comments were received on October 3, 2019 and
noted the following recommendations: they are concerned about the direct
impacts to streams and wetlands and request a survey for crawfish at the
site. WRC is concerned about buffer widths and the close proximity of
overburden/pond fines disposal areas to waterways without adequate
measures. They request the planting of hickory trees at the site and the
use of native grasses. WRC recommends downstream monitoring of
streams and waterways and ensure adequate erosion and sediment control
measures at the site. The application was routed to USFW on September 6,
2019 and comments were not received from that agency. In addition, DWR
provided comments on September 25, 2019 regarding impacts to ground
water supplies. Their recommendations included the following: monitoring
of ground water should begin prior to excavation, wells should be placed
between the excavation and water supply wells, monthly monitoring should
be conducted at least two months prior to pit dewatering and recommends
an adverse impact letter from Carolina Sunrock LLC be obtained.
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality that have been promulgated by the Department:
The application was routed to the Division of Air Quality and the Division of
Water Resources for review and comment. Comments were received from
DWR on September 21, 2019 and noted the following: DWR has major
concerns that include verifying the wetland delineation by the US ACOE,
permitting requirements from US ACOE and DWR must be obtained,
drawing down of groundwater may affect on streams and wetlands, and
what effect the proposed operation would have on high quality waters and
buffers. DAQ commented that a permit would be required.
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 the use of a public road;
The application contains detailed information regarding active and final
slopes at the site. It also contains information on the blasting practices
and procedures that will be utilized in the area covered by the application
currently under review. Mining permits contain specific blasting
conditions for any sites where blasting is to occur.
5. That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest or recreation area;
The activity proposed in the application is not located within 5 miles of a
publicly owned park, forest or recreation area.
6. That the 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;
A detailed erosion and sedimentation control plan was submitted with the
application and will be thoroughly evaluated by both the Land Quality
Section's Winston Salem Regional Office staff and the Raleigh Central
Office staff.
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 resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-641
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
This pertains to the applicant's prior operating record with the Mining
Program and the Department of Environmental Quality as a whole.
The Act goes on to clearly state that:
"In the absence of any findings set out in subsection (d) of this section, or if adverse
effects are mitigated by the applicant as determined necessary by the Department, a
permit shall be granted."
Please be advised that offsite truck traffic on public roads, noise, and potentially
negative impacts on property values are not within the jurisdiction of The Mining Act of 1971.
These items are more properly addressed through local zoning ordinances. I also would like
to draw your attention to G.S. 74-65, Effect of local zoning regulations, on page 12 of the Act.
The Act basically states that the issuance of a state mining permit, and any transfer, foal
or modification to it, does not supersede any duly adopted local zoning ordinance.
Furthermore, it is the responsibility of the local authority, not the Department, to enforce any
such ordinance that may be in effect covering the project area.
The decision on the issuance of a mining permit will not be made tonight. The authority
to issue or deny a permit lies with the Director of the Division of Energy, Mineral and Land
Resources, Mr. Danny Smith.
Any permit issued shall be expressly conditioned upon compliance with all requirements
of the approved reclamation plan for the operation and with such further reasonable and
appropriate requirements and safeguards as may be deemed necessary by the Department to
assure that the operation will comply fully with the requirements and objectives of the Mining
Act.
If the Department denies this application for a permit, it shall notify the operator in
writing, stating the reasons for its denial and any modifications in the application, which would
make it acceptable. The operator may thereupon modify his application or file an appeal to
the Office of Administrative Hearings. In the event that the application for a mining permit is
approved, any aggrieved parties will be notified by the Department of the permit issuance and
its rights to file an appeal contesting the Department's issuance of the permit.
The hearing record will remain open for a period of up to 10 days from tonight or the
November 14, 2019. This gives those individuals that were unable to attend an opportunity to
comment. You may also think of something else that you would like to add to your comments
made here tonight. This provides you that opportunity.
Now that a public hearing has been held on this application, the Department has a 30-
day review clock. The 30-day period starts after this hearing tonight. Should the Department
request additional information from the applicant, the 30 day clock would start over upon the
Department's receipt of all of the requested information. Such a process would continue until
all of the Department's questions have been answered and a decision is made on the
application.
If there are no questions, I would like to turn the program back over to Mr. Dumpor.
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENTAL QUALITY
PUBLIC HEARING FOR PROSPECT HILL QUARRY
CAROLINA SUNROCK LLC
November 4, 2019
- PLFASF PRINT
NAME
MAILING ADDRESS
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November 4, 2019
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November 4, 2019
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November 4, 2019
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