Notice of Public Hearing - Hanes Farm Sand Mine

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 Ralph M Provost 's application for a mining permit for a fill dirt/sand mining operation located near Crump Farm Road in Craven County. 
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 58, Section .0011

PLACE, TIME, DATE:
 
Craven County Courthouse No. 4
302 Broad St. 
New Bern, NC 28560 
7:00 P.M. 
December 10, 2019 
 

PURPOSE:

To receive comment related to the application for a mining permit for a mining operation located off Crump Farm Road in Craven 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. 7 4-64, or
       d.    Any other court order issued under G.S. 74-64, or
       e.    Final assessment of a civil penalty under G.S. 7 4-64.

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 Washington Regional, Raleigh Central Office and the Mining Program web page 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