Public Comment Response - 11/4/1993

c:::-_ 9-16 � �-a--35 � N- - >
State of North Carolina Ill,
Department of Environment, LTI.RMAI
Health and Natural Resources 4 0 0
James B. Hunt, Jr., Governor 'AS A&;,A
wn*m 0000=%%%
Jonathan B. Howes, Secretary
Linda Bray Rimer, Assistant Secretary IED I F1
for Environmental Protection
The Honorable Jesse Helms
United States Senate
Washington, D.C. 20510-3301
Dear Senator Helms:
RECEIVED
November 3, 1993 NOV 4 -9-3
DIV. U00 RES.
J have received your letter dated October 20, 1993 regarding the
correspondence you received from Mr. Bill Cecile, President, Radford Quarries
of Boone, Inc. This letter is to convey to you the results of the
Department's review of Mr. Cecile's October 5, 1993 letter to Mr. Wayne
Boyles of your office and the Town of Boone's Notice of Violation dated
September 2, 1993.
Please be advised that this Department issued a valid state mining permit,
Mining Permit No. 95-03, to Radford Quarries of Boone, Inc. on August 16,
1993 for the operation of the Bamboo Road Quarry in Watauga County. It was
made clear to Radford Quarries of Boone, Inc. at that time that the Mining
Act of 1971 (Act) and Mining Permit No. 95-03 do not supersede local zoning
regulations. This is addressed under G.S. 74-65 of the Act which is enclosed
for your information.
In that the Act does not supersede local zoning regulations, the Department
has no jurisdiction to become involved in any disputes between Radford
Quarries of Boone, Inc. and the Town of Boone regarding zoning issues.
However, for your information, Radford Quarries of Boone, Inc. was found to
be in compliance with its mining permit during an inspection conducted by the
Department on October 12, 1993.
I appreciate you bringing this matter to the Department's attention and
regret that we do not have any jurisdiction over the concerns expressed in
Mr. Cecile's letter. However, the Department will continue to monitor
compliance at the site as it relates to the Mining Act. If you should need
any further information, please contact Mr. Tracy Davis, State Mining
Specialist with the Department, at [phone].
Sincerely,
onathan B. Howes
JBH/CHG
Enclosure,
cc: Charles H. Gardner
Division of Land Resourcesi.��
P. 0. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consurner paper

iESSE HELMS
NORTH CAR-A14A
'Um'ted o2itates oStuate
WASHINGTON, DC 20510-3301
October 20, 1993
The Honorable Jonathan Howes
Secretary
North Carolina Department of Environment,
Health, and Natural Resources
512 North Salisbury Street
Raleigh, NC 27604-1114
Dear Mr. Secretary:
R EC E I VED-
OFFICE OF THc
t SECRETARY
NOV 2 1993
I enclose a copy of a letter that I have received from Mr.
Bill Cecile, President, Radford Quarries of Boone, Inc.,
regarding a question of whether the town of Boone has regulatory
jurisdiction over his quarry operations.
I will appreciate your looking into his concerns.
Thank you for your assistance.
Kindest regards.
Sincerely,
JESSE HELMS:bag
Enclosure
-TH

F--:Wl T`147 4 Al A
Mr. Wayne Boyles
Senator Jesse Helms Office
Room SD 403
Washington, DC 20510
October 5, 1993
Dear Mr. Boyles:
Qaorga Parker talked with you Thursday September 30 about the
trouble my family and I are continuing to have with the Town of Boolla,
I am writing this letter to request your help.
Having recently talked with you, I know you are aware Of t�4a
problems we have had with the State about our mining permit. The
matter was really a question of who had jurisdiction over our rock
crushing operation, the State or the Town. The Town received a
written notice from the State that we would be given Our MiLiug
permits, and it had 30 days to request a hearing; however, the Town
did not request one. We were closed down by the State and Town from
November 1992 until August 1993. We finally received necessary
permits and were allowed to resume crushing.
On September 3, 1993, 1 was served with a letter of violation by
the Town, which was blatantly doing everything p0eaibla to
frpm-aruahing rock. We - have been crushing rock in Watauga County for
twelve years and have never violated any ordinances.. our problems
began when -Vulcan Materials entered the area; the Town referred to
them as the "Big Boys,`

2
Since we were closed down for several months, the Town claims
that we abandoned our property, and, therefore, it stated that we
could not re -open our business. Also, the Town accused us of filling
�n the floodway, which the North Caroling Department of Transportation
actually did. We have maps proving where the floodway is, and'our
prPperty is not e . noompassed by the floodway. These maps were created
by an engineering company, yet when the Town saw their conclusion--
th;at via - were not in the floodway,--it rejected the maps. After a
hearing in court, we were penalized by a $48,100 Judgement.
The Town demanded all excess material supposedly in the floodway
should be removed; nevertheless, it retracted this demand after
acknowledging that the State had dumped the material.
Apparently, the Town has a very good relationship with Vulcan
Materials and wants Vulcan to have a monopoly in Boone because the
Town is trying to terminate our business permanently. If our business
were again closed, Vulcan would receive most of the road work on U.S.
421. Judge Charles Lamm of Boone also wished to se'e us out of
bup,iness; he openly stated this to our attorney, Joseph Delk of
Lenoir.
I feel that the Town of Boone has discriminated against my family
and myself and continues to do so. Another example of this: XY
daughter weighed 52 garbage trucks but received neither an
appreciative letter nor compensation; however, when Vulcan Materials
stayed open ten extra minutes to load Town trucks, -it was thanked
publicly in the WATAUGA DEMOCRAT.

I . 3
Mr. Boyles, any assistance that you or Senator Helmr-- could provide.
Ur=j ju the matters discussed above would be'greatly appreciated,
Cordially
BID LZA b
Bill Cecile, President
RADFORD QUARRIES OF BOONE, INC,
Enclosure
be: nch

4
Jerry Haire, Director -
Town of Boone
635B Blowing Rock Road
Boone, NC 28607
704-262-4540
Judge Charles C. Lamm, Jr.
Ravens Ridge
Boone, KC 28607
704-264-4660
Joseph R. Napoleon, Flood Plain Coordinator
Town of Boone
635D Blowing Rock'Road
Boone, NC 28607
704-262-4540
David R. Paletta, Attorney
Town of Boone
433 West King St.
Boone, KC 28607
704-264-0365 ,
John Salmons, Development Facilitator
Town of Boone
P.O. Drawer 192
Boone, NC 28607
704-262-4530

COUNCIL:
VELMA C. BURNLEY
Mayor
SAUL CHASE
JAMES DUGGER
LOUISE MILLER
JAMES SMITH
BEN SUTTLE
William H. Cecile
Radford Quarries
Bamboo Road
Boone, NC 28607
Town of Boone
September 2, 1993
of Boone, Inc.
I Re: NOTICE OF VIOLATION
-Dear Mr. Cecile:
GREG YOUNG
Town Manager
DAVID PALETTA
Towri Attorney
This letter is a notice of violation that Radford Quarries of Boone,
Inc. is in violation of the sections of the Town of Boone Zoning
ordinance set forth below. The location of the violation is your
quarry on Bamboo Road in Watauga County, North Carolina.
1. Section 14.3.2. The mining operation at the quarry on Bamboo
Road was discontinued for more than 180 days. Consequently, all
future use of the land must be devoted to conforming uses. The area
on the east side of Bamboo Road is presently zoned IIMHII Mobile Home
and does not permit a quarry operation. If this property is to be
utilized for a mining operation, it must be rezoned. The area on
the west side of Bamboo Road is zoned 'IRA" Residential/Agricultural
District. If this property is to be utilized for a mining
operation, a special use permit is required.
2. Secti I on 33.1. A zoning permit is required for certification
that your use complies with all applicable requirements of the Boone
Zoning ordinance.
All mining -operations must stop by September 7, 1993. Moreover, you
cannot resume mining operations until each of the above described
violations has been corrected. In order to correct these
violations, you must take the following action.
(1) The area on the east side of Bamboo Road must be rezoned
so as to allow this area to be used for a mining
.operation.
_(2) Radford Quarries of Boone, Inc. must obtain a special
— use permit for the area on the west side of Bamboo Road.
U
P.O. DRAWER 192 o BOONE, NORTH CAROLINA 28607 e [phone] Rim" w IM% FWycled P&W

14i'lliam H. Cecile'
.September 2, 199�
Page'2
(3) Radford Quarries of,Bo�ne­, Inc. must obtain a zoning
permit..,.
If Radford Quarries of B6one,",,Inc,. continues mining operations after
-September 7, 1993.in violati6n of c�ny of the ordinance provisions
set forth above, it will be,subject to a'civil penalty of $100-00
plus ' court costs and attorneyl.slfees incurred by the Town pursuant
to Section,16.5. Furthermore,,each day the'violation continues
'Shall constitute a,'separate,6ffense*'and shall result in.additional
civil penalties of $100.00 per -day.
APPEAL -PROCEDURE
You have'the right to Appe , al'1-`k'y'- decision by requesting an
admihistrati,�drev'iew in-thib office within ten (10) days after the
date ofyour receipt.of this.letter.' You may,also appeal my
decision to the Boone Board 6f -Adjustment within thirty (30) days
after the'date of your--receipt'of this letter. In order to perfect
your.appeal'to-the Board of Adjustment,, you must completely fill -out
an Application for Administrative Review and pay a $75.00 filing
fee. I:.have enclosed an Application of Administration Review for
your cohvenience.-
I have en'clo'sed -copies of the following sections of the Boone Zoning
ordinance for your review:
1.
Section
13.1. -
2.
Section
14.3.2.
3.'
Article
15.
4.
Article
16.
Sincere yourli,
John Salmons
Development Facilitator

13.1
13.2
13.3
ARTICLE 13 PERMICTS AND ME PLAN APPROVAL
Zoning Permit Required
Except as otherwise specifically provided in the ordinance, it shall
be unlawful to begin any substantial clearing, grading or excavation
on lands contemplate( * I for development or to begtn any cohstruction,
moving, alteration or renovation, except for ordInary repairs of any
building or other structure until the Town Planner has issued a Zoning
Permit for such action, certifying that the development complies with
the applicable requirements of this ordinance.
It shall also be unlawful to change the type of- use or type of
occupancy of any land or structure, or to extend any use on tiny lot
which exists a nonconforming, use, until the Town I)lann'er has issued a
Zoning Permit for such.action, certifying that the intended use(s)
comply with the applicable requirements of this ordinance.
Site Plan Review Required
Site Plan review and approval by the Town Planner or PlannIng
Commission and Board of Adjustment as appropriate shall be required
prior to the issuance of a Zoning Permit for any development or change
in use described in Section 13.1 with the following exceptions:
a. Any development that, in the opinion of the Town Planner, (toes not
affect existing circulation, drainage, relationship of buildings
to each other, landscaping, bufferLng or lighting, provided such
existing site elements comply with the applicable provisions of
this chapter;
1). Any change in use to another use in the stime use group, provided
such change does not involve development other than that exempted
above.
These exceptions, however, do not exempt the developer froin Supplying
necessary documentation that the requirements of this ordinance are
met prior to the issuance of a Zoning Permit.
Site Plan Review by Appearance Commission
Site plan rev -Lew and approval by the Ap'pearance Corruitission shall -be
required prior to the issuance of a Zoning Permit for any matter
referred to the Appearance Commission.
13-1

a. The property cannot reasonably be developed for 012 use proposed
without such deviations, however mere financial hardship does not
constitute grounds for finding that compliance is not reasonably
possible;
b. these deviations are necessitated by the size or shape nf the
nonconforming lot; and
c. the property can be developed as pro?osed without any
significantly adverse impact on surrounding properties or the
public health or safety.
14.3 Nonconforming Uses
14.3.1 Definition
A nonconforming use ii3 a use of land, buildings, or structures that
was lawfully established prior to the effective date of this chapter
or a subsequent amendment thereto, but does not conform to the Use
Regulations of Article 4 for the zoning district in which it is
located.
14.3.2 Regulations
Nonconforming uses may be continued Subject to the following
limitations:
a. No nonconforming use shall be extended, expanded, enlarged, or
moved to occupy a different or greater area of land, buildings, or
structures than was occupied by such use at the time it became
nonconforming, provided that a nonconforming use may be extended
throughout any parts of a building which were spocifically
designed and arranged for such use at the time it became
nonconforming.
b. No buildin-1 or structure devoted to a nonconforming use shall be
0
enlarged, extended, reconstructed, moved, or structurally altered
unless such building Or StCUCtUre is thereafter devoted to a
conforming use.
c. When a building or structure devoted to a nonconformitig use is
damaged to the extent of fifty percent (50%) or more of its
current market value, *such bUildinD, if restored, shall -&reafter
be devoted to conforming uses.
d If -a nonconforming use ceases for more than one hundrel and eighty
(180) days in any twelve month period, subsequent use Of the land,
or structures previously devoted to such use shall thereafter be
devoted to conforming uses.
14-2

ARTICLE 15 INTERPRETATI-ONS, APPEALS AND VARIANCES
15.1 Interpretations
Where there is any uncertainty as to the intent or actual meaning of
this chapter, or as to the intended location of any zoning district
boundary shown on the Zoning Map, the Town Planner shall make an
interpretation of said provision or boundary on request of any person.
Any person aggrieved by such interpretation may appeal the
interpretation to the Board of Adjustment in accord with the
provisions of Section 15.2
In making an interpretation of any zoning district boundary, or in
deciding any appeal thereof, the Town Planner or Board of Adjustment
shall ap'ply the fb-llowing standards:
a. boundaries indicated as approximately following the centerlines of
streets, highways, or alleys shall be construed as following such
centerlines;
b. boundaries indicated as approximately following lot lines shall be
construed as following such lot lines; -
c. boundaries indicated as approximately following corporate limits
shall be construed as following such limits;
d. boundaries indicated as approximately following the shorolines or
centerlines of streams, rivers, lakes, or other bodies of water
shall be construed as following such shorelines or centerlines; in
the event of change in the shoreline or centerline, the boundary
shall be construed as moving with the actual shoreline or
centerline.
e. boundaries indicated as approximately following designated limits
of areas of special flood hazard shall be construed as following
such limits;
f. boundaries indicated as approximately parallel to, or as
extensions of, features described in a. through e. above shall be
so construed; distances not specifically indicated on the Zoning
Map shall be determined by reference to the scale of the map;
g. where features described in 'a' through 'f' above, as existin . g - on
the ground, are at variance with those indicated on the Zoning
Map, or in other circumstances not covered by 'a' through 'g'
above, the Board of Adjustment shall interpret the district
boundaries.
15-1

g. that the Variance will riot result in a violation of the provisions
of Article 14 by allowing the enlargement, expansion, extension,
or the,greater permanence of intensity of a nonconforming use or
feature.
15.4 Procedures for.Appeals and Variances
15.4.1 Application Submittal Requirements
Applications for appeal or for a Variance shall be filed with the Town
Planner.
The Town Planner shall prescribe the form(s) on'which applications are
made, a ' s well as.-Pny other material which may'reasonably be required
to make the determinations called for in the particular case, with
sufficient copies for necessary referrals and records.
No application shall be accepted by the Town Planner unless it
complies with such requirements. Applications which are not complete
shall be returned forthwith to the applicant, with a notation of the
deficiencies in the application.
On receipt of a complete application, the Town Planner shall transmit
the application to the Board of Adjustment.. In the case of the
applications for appeal, the Town Planner shall also transmit to -the
Board all documents constituting the record on which the decision
being appealed was based. All. appeals to the Board of Adjustment
shall be denova.
15.4.2 Public Hearing
Upon receipt of an application,for appeal or for a Variance, the Board
of Adjustment shall hold a public hearing on the application at its
next available regularly scheduled meeting.
Notice of the date, time, and place of the public hearing shall be
published in a newspaper of' general circulation in the p1nnnLng
jurisdiction, with the notice to be published riot less than ten (10)
nor more than twenty-five (25) days prior to the date of the hearing.
The public hearing shall be open to the public and all interested
persons shall be given the opport - unity to present evidenceand
arguments and to ask questions of persons who testify. The Board may
place reasonable and equitable time limitations on the presentation of
evidence and arguments and the cross examination of witnesses so that
the application may be heard without undue delay. All persons who
intend to present evidence at the public hearing shall be sworn.
In the case of applications for a Variance, the applicant shall bear
the burden of presenting evidence sufficient to establish conclusively
that the requested Variance will comply with each of the
determinations required in Section 15.3.
15-3

15.2 Appeals
15.2.1 Any decision of the Town Planner made in the administration of the
provisions of this ordinance may be appealed to the Board of
Adjustment by the person aggrieved by such decision. Any decision of
the Planning Commission in granting or denying Special. Use Permits may
be appealed to the Board of Adjustment.
An application for appeal shall be filed within thirty (30) days of
the filing of the decision being appealed or the delivery or any
- required written notice of the decision, whichever is later.
15.2.2 Stay*of Further Action
An appeal to the Board of Adjustment stays all actions seeking
enforcement of, or compliance with, the decision being -appealed,
except where the Towfi Planner certifies to the Board of Adjustment
that, based on findings stated in the certificate, a stay would cause
imminent peril to life or property, or that because the situation
appealed from is transitory in nature, an appeal would seriously
interfere with enforcement of this ordinance.
15.3 Variance
A Variance from the regulations of this ordinance may be granted by
the Board of Adjustment if it finds that strict enforcement of the
regulations wouldresult in practical difficulties or unnecessary
hardships to the applicant for the Variance, and that, by granting the
Variance, the intent of this ordinance and the Comprehensive Plan will
be observed, public safety and welfare secured, and substantial
justice done. Such findings shall be based on the following
determinations:
a. that strict compliance with the regulations allows no reasonable
use of the applicant's property;
b. that the hardship complained of is one suffered by the applicant
rather than by neighbors or the general public;
c. that the hardship relates to the applicant's property rather than
to personal circumstances;
d. that the hardship is peculiar to the applicant's property, rather
than a hardship shared by the neighborhood or resulting from the
existence of nonconforming situations in the vicinity;
e. that the hardship is not the result of the applicant's own
actions;
f. that the Variance will not substantially interfere with or injure
the rights of others whose property would be affected by granting
of the Variance; and
15-2

A record of the proceedings of the hearing shall be made and shall
include all documentary evidence presented at1the hearing.
15.4.3 Action on the Application
After completion of the public hearing, the Board of Adjustment shall
take action on the application.
In the case of applications for appeal, such action shall be to
reverse, or affirm (wholly or partly), or modify the decisi-On being
appealed.
In the case of applications for a Variance, suc ' 1i action shall be based
on findings as to each of the determinations required in Section 15.3,
and shall be approval, or approval subject to conditions, or denial.
The Board may impose reasonable conditions on the granting of any
Variance to ensure that the public health, -safety, and general welfare
shall be protected and substantial justice (tone. In its consideration
of applications for a Variance, the Board shall not use the existence
of nonconformities in the vicinity as justification for the granting
of Variances.
The concurring vote of four-fifths (4/5) of the membership shall. be
necessary to reverse any order, requirement, decision or determination
of the Building Inspector or any agent charged with the enforcement of
this ordinance. The concurring vote of four-fifths (4/5) of the
membership of the Board shall be necessary to decide in favor of the
applicant on any matter upon which it is required to pass under this
ordinance or to effect any variation of this ordinance.
In every case, the record of the action of the Board shall include a
summary of its findings and th-- evidence supporting them.
15.4.4 Actions Subsequent to Decision
The Town Planner shall cause notice of the disposition of the
appi.ication to be delivered to the applicant by personal service or by
registered or certified mail, return receipt requested, and shall
cause a copy of the decision to be filed in the office of the Planning
Department.
If a Variance is granted, the nature of the Variance and any
conditions attached thereto shall be entered -on the face-of"afty-
necessary Zoning Permit.
15.4.5 Appeal -of Decision
A decision by the Board of Adjustment on an appli ' cation for appeal or
for a Variance may be appealed to the Superior Court by an aggrieved
party. Such appeal shall be in the nature of certiorari and must be
filed within thirty (30) days of the filing of the decision in the
office of the Planning Department or the delivery of the notice
required in Subsection 15.4.4, whichever is later.
15-4

16.1
16.2
16.3
16.4
ARTICLE 16 ENFORCEMM
Vi n1 nt-i nn
Whenever by the provisions oE this ordinance, the performance of any
act is required, or the performance of any act is prohibited, or
whenever any regulations or limitation is :imposed on the use of any
land, or on the erection, alteration, or tile use or change of use of a
structure a failure to comply with such provisions shall constitute a
violation of this zoning ordinance.
Complaints Regarding Violations
Whenever the Town Planner receives a written,,,signe(I complaint
alleging a violation of this ordinance, he shall investigate the
complaint, take whatever action is warranted, and inform the
complainant in writing what actions have been or will be taken.
Liability
The owner, tenant, or occupant of any la6d or structure, or part
thereof and any architect, engineer, builder, contractor, agent or
other person who participates in, assists, directs, creates or
maintains any situation that is contrary to the requirements of this
-ordinance may be held re9ponsible for the violation and be subject to
the penalties and remedies provided herein.
Procedures Upon Discovery of Violations
Upon determination that any provision of this chapter is being
violated, the Town Planner shall deliver a written notice by personal
service or by registered or certified mail, return receipt requested,
to the person(s) responsible for such violation and ordering the
action necessary to correct it. Additional written notices may be
sent at the Town Planner's discretion. Withi - n ten (10) days after the
receipt of notice of violation by the Town Planner, the violating
party may request that the Town Planner conduct an administrative
hearing, at which time the violating party shall be entitled to
present evidence that the alleged violation is not in fact a violation
but rather that the party is in compliance with this ordinance. The
Town Planner shall make findings of fact and reach conclusions of law
as to the alleged violation. Any decision adverse to the requesting
party shall result in enforcement of the -provisions of this—ordinance,
through the remedies set forth herein. This hearing provision shall
be available only in the event that no other body or administrative
official has'been designated to hear that the grievance of a party
allegedly being in violation of this ordinance.
The final written notice, which may also be the initial notice, shall
state the action the Town Planner intends to take if the violation is
not corrected, and shall advise that the Town Planner's order may be
appealed to the Boone Board of Adjustment as provided in Article 15.
16-1

Notwithstanding the foregoing, in cases when delay would seriously
threaten the effective enforcement of this ordinance or pose a danger
to the public health, safety or welfare, the Town Planner mny seek
enforcement without prior written notice by invoking any of the
penalties authorized in Section 16.5.
16.5 Penalties and Remedies
Violations of the provisions of this ordinance or failure to comply
with any of its requirements, shall constitute a misdemeanor,
punishable as provided in the North Carolina General Statutes, Section
14-4.
Any act-constitut-ing a violation of this ordinance shall also subject
the offender to a civil penalty of one -hundred dollars ($100.00) (plus
court costs and attorney fees incurred by the Town). If the offender
fails to pay the penalty within ten (10) days of receiving final
written notice of a violation, the penalty may be recovered by the
Town in a civil action in the 'nature of a debt. A civil penalty may
not be appealed to the Board of Adjustment if the offender received a
final written notice of violation and did not appeal to the Board of
Adjustment within the time limit prescribed in Article 15.
This ordinance may also be enforced by any appropriate, equitable
action or proceedings instituted by the Town Planner which would
prevent, restrain,,correct or abate a violation of this ordinance.
Each day that any violation continues after receipt of the final
written notice of such violation shall constitute a separate violation
and a separate offense for the purpose of the penalties and remedies
specified herein.
16.6 Enforcement Concerning Violations in Floodway Overlay Zones
Whenever land -disturbing activity is undertaken in violation of
Article 8, Flood Overlay Zones, the Town of Boone, may order the work
that is in violation to be immediately stopped. The stop order shall
be in writing and directed to the person responsible for the
violation(s). The order shall state the work to be stopped, the
reasons for stoppage, and the conditions under which the work may be
resumed. Pending the ruling on the appeal, no further work may take
place in violation of a stop work order.-- Appeals from a snp-order-
shall be made as follows:
1. A written demand for a hearing must be delivered to the Town
within ten (10) days aFter receipt of a stop order notice.
2. Hearings held pursuant to this section shall be conducted by the
Town of Boone Planning Commission at the next regularly scheduled
Planning Commission meeting. Recommendations shall be made to the
Boone Board of Adjustment (luring that meeting.
16 -2

3. The Board of Adjustment shall render its final decision on any
appeal no later than the second regularly scheduled Board meeting
following the receipt of the Planning Commissions recommendations.
4. The decision of the Board of Adjustment may be appealed'to the
Superior Court of Watauga County by the aggrieved party. Such
appeal shall be in the nature of certiorari and must be filed
within thirty (30) days of the delivery of the written notice of
the Board of Adjustments decision to the aggrieved party.
16-3

NORTH CAROLINA
-WATAUGA COUNTY
AFFIDAVIT
The undersigned, after being duly sworn, deposes and says:
.1. That I am -a former employee of the Town of Bpone, North
CaWina, having been.employed in the street department until 1984.
r;-* 2. During my term of employment with the Town of Boone, T was
inx-Wed with and had di rect knowledge of the filling of the ln,.w lyine
.area ac -gross from the site on Sambon Poad whereithe stone crushpr has
exi5ted since the mid -197 -O's. The Town of Rnnnr- dumppd h0d.reds of
load, -s of debris and fill material in the lnw area bL�shind the now
exist'Ing sho� bdildin�'-of K & C Crushed Stone. The maiority of all th.-
fill 'n'ow located on 4e'site was dumpPd1hPrP,,hv.thP Town'n-F Boone and
tKL- NoIrth Carolina D@0,�rtment of Transportation.
3 To my knowled—, at the time the Town of B6one was dumpinq on
th�'k particular site, fh-d' area filled was neither in the Town of Bo*onc-
no�-�'--in any extra-territ(*T-rTal zoning o� the town, but was t�tally outside.
of -the jusridiction,.,of-i-he Town of Boone.
T h i s t,6 e 16t ay
h d ' o f, February, 3993,
S E A L -
Larry W;�fikler
Subsvribed ah'd me
tNs thp 1'6th -da� o� Februar�, 1993-.
ota�r�
My Commission expires:*. -b-7-95

21 -
0
NORTH CAROLINA
WATAUGA COUNTY
AFFIDAVTT
The undersigned'; after being duly sworn, deposes and says:
I That T am an employee of the North Carol'ina Depa`�fnient-,of
Transportation, located in the Watauga County, NoPth Carolina Office. T
havo been employed.by the North Carolina nepartment of Transportation
s i nc'e * 19 6 5
2. During my employment with the North Carolina Dppartrqent of
Transpoytation, I was involved with and had direct �no,wl'edgp of the
filling"" f the low lying area across from the site on Ramboo Foad where
the stc;�W crusher has exi-sted since the mid -1970's. Tr�e Town of Boone
and the Department of Transportation dumped hundreds of loads of debris
and fil"7-Material in the low -area behind the now existing shop building
of K & 9�,Crushed Stone. The majority of all
site wa.5,dumped there by the Town of Boone an the. fill now lt)cated nr, thc
Departmlp�t of-Transpor-tation. d the North'Carolira
To my knowledge, at the tim
P'the Town of Boone and the
Departmd : nt of Transportation was dumping on that -particular site, the
area fil-led was neither in the Town of Boon(, nnr in 'any
extra -territorial zoning of the town, but was fntaliv oufsidp of th-
jusriaic�,ion of the Town' of Boone.
'This the -16th day of Februarv, 1993,
(SEAL)
Harvey qPs
F1'��qps
(Z k k A
%A a,_[ U a d sworn bef.�r4 me
,isq--t,he 16th day of Febivuary, 1993.
otar
y 7—
MY �O`Mmiss ion '-expires: 8-7-95
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