Notice of Issuance - 8/17/1993

MEMORANDUM
TO: File
FROM: -Susan Edwards
SUBJECT: Notice of Issuance of Mining Permit
A copy o4the attached "Notice of �Ssuance of Mining Permit" was sent to �IW441-47
all people listed in the Affidavit of Notification and any additional people who
sent in letters. If a public hearing was held, a copy of the "Notice of
Issuance of Mining Permit" was sent to all people who signed the sign in sheet
at the public hearing. My initials, written in red, will be beside the names of
the people in the file who were sent this "Notice".
cc: Regional Engineer

NOTICE OF ISSUANCE OF
MINING PERM -IT
You have previously expressed an interest and/or are listed
as an adjoining land owner in the application for a mining permit
filed by Radford Quarries of Boone, Inc. to conduct mining
activities at the Bamboo Road Quarry in Watauga County. The
mining permit was issued on August 16, 1993.
A recent North Carolina Court of Appeals decision has held
that a person aggrieved by the issuance of a mining permit has
the right to initiate -a contested case hearing in the Office of
Administrative Hearings pursuant to N.C.G.S. 150B-23 of the
Administrative Procedure Act (APA). Please be advised however,
that this Department disagrees with that ruling and has recently
filed documents in the office of Administrative Hearings to limit
permit issuance challenges to a hearing on the record in superior
Court pursuant to N.C.G.S. 150B-43. A ruling on the Department's
request is still pending.
Despite our position on this issue, North Carolina law
requires us to inform you of your right to contest the issuance
of the permit. Unless the Court of Appeals' decision is changed,
you still have the right to seek a contested case hearing
pursuant to N.C.G.S. 150-23 of the APA. To preserve your right
to a hearing, you must file a petition for a contested case in
the Office of Administrative Hearings within sixty (60) days of
the mailing of this notice to you.
The address for filing the petition is The Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C.
27611-7447. Their telephone number is [phone].
This notice was mailed on August 17, 1993.
- - - WA - - ----
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources