Adrian Sand/Clay Mine - Horry County

Adrian Sand LLC has applied for environmental permits from the South Carolina Department of Health and Environmental Control (DHEC) to mine sand and clay at a 52.3-acre site located on Chow Lane in Horry County, approximately eight miles northeast of Conway, SC. The site is bordered by Chow Lane to the south, a wooded area to the west, Maple Swamp to the north, and a residential area to the east. 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.

Existing General Mine Operating Permit Coverage

On September 1, 2023, Adrian Sand LLC was granted coverage under General Mine Operating Permit GP1-002406 “Mining General Permit for the Excavation of Topsoil or Sand/Clay.” Coverage under this general permit allowed mining operations limited to the excavation of topsoil or sand/clay affecting an area no greater than five (5) acres, a maximum depth of twenty (20) feet, and with no further material processing.  

The General Mine Operating Permit was issued on November 18, 2014. A general permit undergoes public notice and comment procedures prior to issuance or renewal, therefore additional public notice and comment procedures are not required if an applicant requesting coverage has demonstrated that its proposed operation meets all terms and conditions of the general permit. An Individual Mine Operating Permit must be applied for if operations exceed or do not meet this criteria. 

Documents related to the General Mine Operating Permit Coverage for the Adrian Sand/Clay Pit, which precedes the current pending permit action, are available below:

Proposed Individual Mine Operating Permit

DHEC’s Bureau of Land and Waste Management (BLWM) received an application for an individual mine operating permit for the Adrian Sand/Clay Mine on January 4, 2024, to expand its existing mine operation to approximately 52 acres with a maximum 30-foot depth. The BLWM provided notice of the application in The Horry Independent newspaper and began accepting comments on January 18, 2024. 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. 

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. 

During the initial public comment period, the BLWM received a request for a public hearing on the proposed Adrian Sand/Clay Mine. DHEC acknowledged this request on February 14, 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 April 4, 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 May 22, 2024.

How to Submit Comments 

Written comments on the mine permit application may be submitted electronically through May 22, 2024. 

For those who prefer to submit written comments on the mine permit application via email or U.S. Mail, please address to:

Katelyn Mills, Project Manager
DHEC │ Bureau of Land and Waste Management
2600 Bull Street │ Columbia, SC 29201
Email: millske@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 May 22, 2024.

Questions about the proposed Adrian Sand/Clay Mine and the BLWM’s mine permitting process may be directed to:

Katelyn Mills
Phone: (803) 898-1375
Email: millske@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 Adrian Sand/Clay 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 April 27, 2023, the BOW received a Notice of Intent (NOI) from Adrian Sand LLC requesting coverage under existing NPDES General Permit SCG73000 for the proposed Adrian Sand/Clay Pit. The BOW subsequently determined that the proposed operation met the requirements of the NPDES General Permit and issued coverage on July 31, 2023. 

Documents related to the BOW’s NPDES permitting process for the proposed Adrian Sand/Clay Pit are available below:

On November 22, 2023, the BOW received an application from Adrian Sand LLC requesting a modification of the NPDES General Permit for the Adrian Sand/Clay Mine. An NPDES General Permit Minor Modification was subsequently issued by the BOW on January 1, 2024. Documents related to the modification are available below:

Questions about the NPDES general permit coverage and 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 April 10, 2023, the OCRM received a request from Adrian Sand LLC for a General Coastal Zone Consistency (GCZC) certification for the proposed Adrian Sand-Clay Pit. The OCRM determined that the proposed project did not qualify for coverage under a GCZC due to comments submitted by the S.C. Department of Natural Resources (DNR) and was elevated to a full CZC review on June 26, 2023. The OCRM completed its review and issued a CZC Certification on September 1, 2023. Documents related to the CZC certification process for the Adrian Sand/Clay Pit are available below:

A full CZC certification is required for an individual mine operating permit affecting five (5) or more acres. On November 14, 2023, the OCRM received a request from Adrian Sand LLC for a full CZC certification for the proposed expansion of Adrian Sand/Clay Mine. A final CZC certification for the proposed project is currently under review and has not yet been issued or denied by the OCRM. Documents related to the full CZC certification process for the Adrian Sand/Clay Mine are available below:

Questions about the CZC certification and OCRM’s certification process may be directed to:

Benjamin Thépaut
Phone: (843) 953-0205
Email: thepaubf@dhec.sc.gov

Public Meeting and Public Hearing

DHEC held a combination public meeting and public hearing on May 7, 2024, to accept oral and written comments on the proposed Adrian Sand/Clay Mine. 

For additional information about DHEC public meetings and public hearings, including the differences and what to expect at each, please refer to:

DHEC’s presentation from the public meeting will be available on this webpage after May 7, 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 

After the public comment period closes on May 22, 2024, DHEC will review and consider all comments received and determine if any modifications should be made to the mine permit application. Additional information may also be requested from the applicant, if needed. DHEC will then make a final decision to approve or deny a mine operating permit for the proposed Adrian Sand-Clay Mine. 

Once a final permit decision is made, DHEC will provide notification to:

  • Everyone on our mailing list for the proposed Adrian Sand/Clay Mine;
  • 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 permit decision will also be posted on this webpage. A summary response to all comments received will also be made available if a mine operating permit is issued.

If you would like to be on our mailing list, please complete our registration form. 

Filing a Request for Final Review

DHEC’s decision on the mine permit application becomes final fifteen (15) calendar days after notice of the decision 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. 

DHEC is Restructuring

On July 1, 2024, the South Carolina Department of Health and Environmental Control (DHEC) becomes two separate agencies — the South Carolina Departments of Environmental Services (SCDES) and Public Health (DPH). DHEC’s current appeal process will change with this restructuring. Should a final permit decision be made following this date, information on the new appeal process will be provided with the decision and on this webpage.

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

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 project one-on-one.
  • Submitting a written comment or question.
  • Receiving additional information by email or mail.
  • Visiting this webpage for information and updates.
  • Staying 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

Additional Resources