Notice of Violation (NOV) - 4/10/1991

RECEIVED
APR 10 199/
State of North Carolina LAND QUALiTy SECT101V
Department of Environment, Health, and Natural Resources
Winston-Salem Regional Office
James G. Martin, Governor DIVISION OF LAND RESOURCES Margaret Plemmons Foster
William W Cobey, Jr., Secretary LAND QUALITY SECTION Regional Manager
March 11, 1991
NOTICE OF VIOLATION
FOR MINING WITHOUT A PERMIT
CERTIFIED MAIL P 536 300 214
RETURN RECEIPT REQUESTED
ent
Ra or ua�rrie�s, I�nc.
� c' "u
P. 0 o
(_ZO. B.x 1114
tit_ �? �659�
RE: Bamboo Road Quarry
Watauga County
Dear Mr. Cecile:
This is to inform you that your firm is
violating the Mining Act of 1971 by operating a mine
without a permit as required by North Carolina General
Statutes 74-46, et seq., as amended (herein after referred
to as NCGS 74-46). You are hereby directed to cease mining
until a mining permit is obtained.
A review of our -files found that the mining permit for
the Bamboo Road Quarry expired on December 13, 1990.
Therefore, any activity at this operation is without a
valid permit.
Under the Mining Act, no person may operate a mine
without first obtaining a mining permit and also posting a
bond to ensure that the site is reclaimed. Mining is
defined by NCGS 74-49 as:
The breaking of the surface soil in order to facilitate
or accomplish the extraction or removal of minerals,
ores or other solid matter;
8025 North Point Boulevard, Suite 100, Winston-Salem, N.C. 27106-3203 0 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

'.Mr. Raymond S. Cecile
March 11, 1991
2
Any activity or process constituting all or part of a
process for the extraction or removal of minerals,
ores, soils and other solid matter from its original
location; and/or
The preparation, washing, cleaning or other treatment
of minerals, ores or other solid matter so as to make
them suitable for commercial, industrial or
construction use.
"Minerals" means any soils, clay, coal, stone, gravel,
sand, phosphate, rock, metallic ore and any other solid
material or substance of commercial value found in
natural deposits on or in the earth. NCGS 74-49(6).
Having been determined that your firm is in
violation of the Mining Act, you are directed to
immediately halt the above mentioned mining operation until
you have obtained a permit from this Department. In
addition you must:
1. Contact this office immediately to indicate your
intention to comply with the Mining Act.
2. File the attached application for a permit, including a
reclamation plan to restore any damage to the area that
will be affected within 30 days.
3. Post a bond or other form of security acceptable to the
Department for ensuring that the affected area will be
reclaimed when mining is terminated.
5. As an alternative to filing for a mining permit you may
immediately initiate reclamation of this site and
complete the reclamation within 30 days of receipt of
this Notice. Please contact me immediately if you wish
to reclaim this site.
Violations of The Mining Act are subject to a civil
penalty of up to $5,000.00 for each day of a continuing
violation. A penalty may be assessed for violations
committed before receipt of this Notice. A penalty will be
assessed for violations committed after receipt of this
Notice. An injunction may also be sought to enforce the
Act.
The responsibility for understanding and complying with
the requirements of the Act rests upon the individuals and
firms who are subject to its requirements. A copy of the
Act and application forms are attached for your
information.

Mr. Raymond S. Cecile
March 11, 1991
3
Should you have any questions concerning this Notice,
please contact either David Ward or me at your earliest
convenience.
Sincerely,
X kex+ lqu
G. Douglas Miller., P.E.
Regional Engineer
cc:,Tracy Davis