Meads Law Concern Response - 2/7/2017

Energy, Mineral &
LandResources
ENVIRONMENTAL QUALITY
February 7, 2017
Ms. Allison M. Meade, Esq.
Meade Law, PLLC
PO Box 292
Boone, North Carolina 28607
RE: Radford Quarries, Inc.
Mining Permit No. 95-03
Bamboo Road Quarry
Watauga County
New River Basin
Dear Ms. Meade:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
This letter is in response to your letter dated January 23, 2017 to this Department
on behalf of the Town of Boone. Your letter expressed concerns about the mining
permit issued to Radford Quarries, Inc. for its Bamboo Road Quarry in Watauga County.
You outlined several concerns with the process this Department followed to renew and
modify the referenced mining permit. I offer the following in response your concerns:
1 . The expiration date for the mining permit issued in 2004 was July 7, 2014. The
company submitted an application for renewal and modification of this mining
permit on July 3, 2014, prior to its expiration, in accordance with NCGS 74-52.
Applicants are allowed to continue to operate under the operating and
reclamation conditions of the prior mining permit during the review of their
pending permit renewal applications until a decision is made by the Department,
even when this exceeds the expiration date of the original mining permit.
2. As an application for renewal of Mining Permit No. 95-03 was received by the
Department prior to its expiration pursuant to NCGS 74-52, the company
continued to operate its mine under the conditions outlined in the prior mining
permit while its application for modification and renewal of the mining permit was
being reviewed by the Department.
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
9197079200

Ms. Meade, Esq.
Page 2
3. Radford Quarries, Inc. submitted two applications at the same time for the
Department's review and approval, the permit renewal application to extend the
life of the mining permit another 10 years and a permit modification application to
adjust its affected area boundary and acreage within the original permit boundary
approved in the 2004 mining permit. As there were no changes in legal
requirements for issuance of a permit since the date on which the prior permit
was issued, the only basis for denying a renewal permit would be uncorrected
violations or failure to submit an adequate reclamation plan in light of the existing
conditions. Radford Quarries, Inc. corrected its violation by requesting
modification of its mining permit to increase its affected acreage within the
original mining permit boundary approved in 2004. In addition, its reclamation
plan was considered adequate to cover its present and proposed affected areas.
Lastly, as the modification application addressed areas within the original mining
permit boundary and involved no land being added to the mining permit
boundary, no additional public notifications were required (the permitted acreage
for this site remains unchanged at 75 acres as indicated on the Mine Permit
Map). After the Department's thorough environmental review of both the permit
renewal and permit modification applications, the Department issued the
renewed and modified mining permit on November 4, 2015 with a new expiration
date of November 4, 2025 (copy attached).
4. Radford Quarries, Inc. disturbed an area within its mining permit boundary that
was to remain a vegetated buffer between the operation and a neighboring
subdivision without prior review and approval by the Department. A Notice of
Deficiency was sent to Radford Quarries, Inc. on May 30, 2014 and required that
Radford Quarries, Inc. restore the buffer in full or submit a permit modification if it
wanted to change its mining plan. Radford Quarries, Inc. subsequently, and in
conjunction with its renewal application, submitted a permit modification
application to increase its mining permit's affected acreage from 16.5 acres to
20.3 acres to reflect actual field conditions, in addition to restoring and
maintaining a 50 -foot vegetative buffer going forward. As noted above, the
- Department reviewed and approved the permit modification application at the
same time it approved the renewal application and issued the renewed and
modified mining permit on November 4, 2015.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury StreeL 1 1612 Mail Service Center I Raleigh, North Carolina 277699-1612
9197079200

Ms. Meade, Esq.
.Page 3
I hope that the above information addresses your concerns. Please contact me at
[phone] if you have additional concerns or would like to discuss this matter.
Sin
TF5-c� E. 1pavis, PE, CPM
TED/jsb
Attachment: Mining Permit No. 95-03 Renewed and Modified November 4, 2015
Cc: Secretary Michael Regan
Mr. Toby Vinson, PE, CPM, DEMLR Chief of Program Operations
Mr. Brad Cole, -PE, DEMLR Chief of Regional Office Operations
Ms. Janet Boyer, PE, CPM, State Mining Specialist
Mr. Matthew Gantt, PE, DEMLR Winston-Salem Region
State ofNorth Carolina I Environmental QUaljtV I Energy, Mineral and Land Resources
512N.Salisbur� Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
9197079200