CANCELLED - West Cox Ferry Road Sand Mine Public Meeting/Hearing
Moss Park Partners II, LLC has notified DHEC that it is withdrawing its mine operating permit application for the proposed West Cox Ferry Road Sand Mine in Horry County. No indication has been given that a new permit application will be submitted at a future date.
Due to this recent development, DHEC is cancelling the public meeting and public hearing scheduled for Thursday, March 14, 2024, at the Horry-Georgetown Technical College and this webpage will be archived on March 31, 2024.
DHEC appreciates all comments received and interest shown in the formerly proposed West Cox Ferry Road Sand Mine.
Moss Park Partners II, LLC has applied for environmental permits from the South Carolina Department of Health and Environmental Control (DHEC) to mine sand and clay at a site located on West Cox Ferry Road in Horry County, approximately 3 miles south of Conway, SC, adjacent to the Waccamaw River National Wildlife Refuge. A proposed reclamation plan to restore the site to grassland and a lake/pond has been submitted with the application.
This webpage has been developed by DHEC as a community resource and will be updated as new information is made available. Please bring this webpage to the attention of others you know who may be interested.
Mining
DHEC’s Bureau of Land and Waste Management (BLWM) received an application for a mine operating permit for the proposed West Cox Ferry Road Sand Mine on November 30, 2023. If approved, the proposed mine will encompass approximately 5 acres and reach a maximum 20-foot depth. The BLWM provided notice of the application in The Horry Independent newspaper and began accepting comments on December 7, 2023. Additionally, the public notice was mailed to adjacent landowners, local and state government/regulatory agencies, and other interested parties. The public notice was also posted on DHEC’s ePermitting Portal.
- Public Notice of Intent to Mine (December 7, 2023)
- Notification to Adjacent Landowners (December 7, 2023)
The mine permit application, reclamation plan, maps, and other related documents are available below. These documents, as well as others used in the BLWM technical review/permitting process, are also available online through the end of the public comment period.
- Application for Mine Operating Permit (November 30, 2023)
- Mine Map (December 13, 2022)
- Reclamation Maps (December 13, 2022)
- Reclamation Schedule (November 30, 2023)
- Habitat Evaluation for Spotted Turtle (August 22, 2023)
- U.S. Army Corps of Engineers Response to Wetlands Delineation & Concurrence Request a/k/a Jurisdictional Determination (October 13, 2021)
- Sediment & Erosion Control Plans
During the initial public comment period, the BLWM received a request for a public hearing on the proposed West Cox Ferry Road Sand Mine. DHEC acknowledged this request on January 2, 2024. In response to the level of interest shown during the public comment period, DHEC is holding both a public meeting and public hearing on the proposed mine. Notice of the public meeting and public hearing was provided in The Horry Independent newspaper on February 8, 2024. Notice was also provided to adjacent landowners, local and state government/regulatory agencies, and other interested parties. With this notice, the public comment period on the mine permit application has been extended through March 29, 2024.
- Acknowledgment of Public Hearing Request – January 2, 2024
- Notice of Public Hearing – February 8, 2024
How to Submit Comments
Written comments on the mine permit application may be submitted electronically through March 29, 2024.
For those who prefer to submit written comments on the mine permit application via email or U.S. Mail, please address to:
Jeremy Eddy, Project Manager
DHEC │ Bureau of Land and Waste Management
2600 Bull Street │ Columbia, SC 29201
Email: eddyje@dhec.sc.gov
A final decision on the mine permit application will not be made until after review and consideration of all comments received through March 29, 2024.
Questions about the proposed West Cox Ferry Road Sand Mine and the BLWM’s mine permitting process may be directed to:
Jeremy Eddy
Phone: (803) 898-7609
Email: eddyje@dhec.sc.gov
Water Quality
DHEC’s Bureau of Water (BOW) issues National Pollutant Discharge Elimination System (NPDES) permits to minimize environmental impacts from stormwater runoff and other water discharges that may occur during construction and operation of a facility.
Coverage under NPDES General Permit SCG73000 “Discharges Associated with Nonmetal Mineral Mining Facilities” is required for the proposed West Cox Ferry Road Sand Mine in conjunction with a mine operating permit. This general permit coverage addresses water quality issues for both stormwater and wastewater discharged from the site. It also requires the installation of Best Management Practices for sediment and erosion control and reporting and inspection requirements.
On May 23, 2023, the BOW received a Notice of Intent (NOI) from Moss Park Partners II, LLC requesting coverage under existing NPDES General Permit SCG73000 for the proposed West Cox Ferry Road Sand Mine. A final decision regarding NPDES general permit coverage for the proposed mine has not yet been made.
Documents related to the BOW’s NPDES permitting process for the proposed West Cox Ferry Road Sand Mine are available below:
- NOI for Coverage Under NPDES General Permit SCG73000 – May 23, 2023
- Map/Aerial Photos of Proposed Mine – February 3, 2023
- Mine Plan/Stormwater Drawing - December 13, 2022
- NPDES General Permit SCG73000
Questions about the NPDES general permit coverage and the BOW’s permitting process may be directed to:
Brett Caswell
Phone: (803) 898-4396
Email: caswelbm@dhec.sc.gov
Coastal Zone Consistency
DHEC’s Office of Ocean and Coastal Resource Management (OCRM) issues Coastal Zone Consistency (CZC) certifications of state permits in the coastal zone of South Carolina. This certification is based on the enforceable policies contained within the SC Coastal Zone Management Program. OCRM’s certification is provided to DHEC’s Mine Permitting Program prior to a final decision being made on either a permit or general permit.
On December 14, 2023, the OCRM received a request from Moss Park Partners II, LLC for a General Coastal Zone Consistency (GCZC) certification for the proposed West Cox Ferry Road Sand Mine. The OCRM provided notice of the request on February 25, 2023, and accepted comments through March 7, 2023.
During the GCZC review process, concerns regarding the presence of spotted turtle in and around the proposed project area were raised prompting a determination that a full Coastal Zone Consistency (CZC) review and individual mine permit would be required. A final CZC certification for the proposed project has not yet been issued by the OCRM.
Documents related to the CZC certification process for the proposed West Cox Ferry Road Sand Mine are available below:
- General Coastal Zone Consistency (GCZC) Notification Request Form - December 14, 2023
- Map/Aerial Photos of Proposed Mine - February 3, 2023
- Mine Plan - December 13, 2022
- Habitat Evaluation for Spotted Turtle - August 22, 2023
- Map of Protected & Endangered Species Habitat – May 17, 2023
- Response and Comments from the SC Department of Natural Resources (DNR) - August 15, 2023
Questions about the CZC certification and the OCRM’s certification process may be directed to:
Chris Stout
Phone: (843) 953-0691
Email: stoutcm@dhec.sc.gov
Air Quality
An air quality construction permit may be required for any entity that plans to construct, alter, or add to a source of air pollution, including the installation of any air pollution control device. Unlike granite mining, sand is typically mined and handled in a moist or wet condition. If the processing operation does not involve crushers, grinders, or dryers, an air construction permit from DHEC’s Bureau of Air Quality (BAQ) is typically not required. Additionally, emissions from sand mining operations mostly consist of heavy particles that settle out and the process emissions are typically nominal.
Any source(s) of air emissions must comply with S.C. Regulation 61-62.6, Control of Fugitive Particulate Matter, Section III Control of Fugitive Particulate Matter Statewide. Although an air construction permit is not required for sand mine operations as described above, facilities must meet the requirements of the BAQ Permitting Exemption List, specifically Section A.29 which states:
“The following activities/emission sources are considered insignificant and are not required to be documented unless otherwise specified by any State or Federal requirements:
Construction sand and gravel facilities without crushers, grinders, or dryers. These operations shall be conducted in such a manner that a minimum of particulate matter becomes airborne. In no case shall established ambient air quality standards be exceeded at or beyond the property line. The owner/operator of all such operations shall maintain dust control on the premises and any roadway owned or controlled by the owner/operator by paving or other suitable measures. Oil treatment is prohibited.”
Based on information submitted by Moss Park Partners II, LLC in its mine operating permit application, an air construction permit will not be required for the proposed West Cox Ferry Road Sand Mine.
Questions about air quality construction permits and the BAQ’s permitting process may be directed to:
Mareesa Singleton
Phone: (803) 898-4113
Email: singlemj@dhec.sc.gov
Public Meeting and Public Hearing
DHEC will hold a combination public meeting and public hearing on March 14, 2024, to accept oral and written comments on the proposed West Cox Ferry Road Sand Mine. The public meeting will be held from 6:00 – 7:00 PM, with the public hearing beginning at 7:00 PM. Sign-in and an opportunity to meet DHEC staff will begin at 5:30 PM. These events will take place in the Burroughs and Chapin Auditorium of Horry-Georgetown Technical College located at 2050 US-501 in Conway, SC.
The public meeting is informal and provides an opportunity for participants to have a discussion with DHEC staff about the proposed mine and environmental permitting process prior to giving comments at the public hearing. The meeting will begin with a DHEC presentation followed by a time to ask questions.
The public hearing is formal and provides an opportunity for participants to make oral comments that will be heard by DHEC staff and recorded by a court reporter. There will be no questions and answers during the public hearing. DHEC values each participant’s involvement in the public hearing and will conduct it in a respectful, orderly manner with reasonable limits on the length of comments, if necessary.
For additional information about DHEC public meetings and public hearings, including the differences and what to expect at each, please refer to:
- DHEC Community Engagement Tools [HYPERLINK]
DHEC’s presentation from the public meeting will be available on this webpage after March 14, 2024. Questions about participating in the public meeting and/or hearing may be directed to:
Donna Moye
Phone: (803) 898-1382
Email: moyedd@dhec.sc.gov
Individuals with disabilities or special needs should contact DHEC in advance to discuss any special services required to participate.
Impact of Public Comments in DHEC’s Permitting Process
DHEC values all comments made during the public comment period. Local community members provide a unique perspective and are valuable resources in addressing community concerns in the permitting process. Becoming better informed is an important first step in providing effective public comments that may influence specific terms and conditions that must be followed by the owner/operator if a permit is issued.
Effective comments are those that provide accurate, specific details about the site of a proposed project, inaccuracies in the permit application, errors in DHEC’s technical review or draft permit, and any other information demonstrating that a proposed project cannot operate in compliance with environmental regulations.
It is important to know that DHEC cannot make a permit decision based on a vote or how many comments are received. There are also some common issues/comments related to mining operations that DHEC does not have the regulatory or legal authority to consider when making a permit decision, for example:
- Truck traffic, access to public roads, weight limits, and traffic patterns are governed by the South Carolina Department of Transportation (DOT) and the local county.
- Industrial development and operating hours are governed by the local county through zoning and land use planning.
Beginning a conversation early about these and other quality of life issues is an effective way for communities to work together with local government officials, their legislative delegation, mining representatives, and other interested parties to find solutions and reach common goals.
What to Expect After the Public Comment Period Closes
Once the public comment period closes on March 29, 2024, DHEC will review and consider all comments received before making final decisions on the mine permit application and draft air permit. Additional information may also be requested from the applicant, if needed.
Once final decisions are made, DHEC will provide notification to:
- Everyone on our mailing list for the proposed Orangeburg Limestone Quarry;
- Everyone who attended the public meeting/hearing (provided legible contact information was given); and
- Everyone who provided written comments during the public comment period.
The final decisions will also be posted on this webpage. Summary responses to all comments received will also be made available.
Filing a Request for Final Review
DHEC’s decision(s) become final fifteen (15) calendar days after notice of the decision(s) has been mailed to the applicant, permittee, licensee, and affected persons who have requested in writing to be notified, unless a written request for final review accompanied by a filing fee in the amount of $100 is filed with DHEC by the applicant, permittee, licensee or affected person.
Additional information on requesting a final review by DHEC’s Board can be found in DHEC’s Guide to Board Review.
South Carolina Mining Council
The SC Mining Council resides in the Office of the Governor and acts as an advisory body to the Governor in considering issues relating to mining. The Council considers appeals on decisions made by DHEC regarding the enforcement of South Carolina’s Mining Act.
Stay Connected - Community Engagement and Resources
DHEC is committed to providing meaningful opportunities to hear the questions and concerns of community members and share information on our permitting processes. DHEC offers multiple ways to connect with our staff during the permitting process and beyond, including:
- Calling or connecting with DHEC staff to discuss the proposed Saluda Quarry one-on-one.
- Submitting a written comment or question.
- Receiving additional information by email or mail.
- Visiting this webpage for information and updates.
- Stay informed about local mining issues in your community.
Additionally, we hope the following information will provide a better understanding of how you can be involved in DHEC’s decision-making process:
DHEC encourages residents to ask questions and share information with us. Staying engaged in our process helps us to learn more about your community.
Questions about community engagement in DHEC’s permitting process may be directed to:
Donna Moye
Phone: (803) 898-1382
Email: moyedd@dhec.sc.gov