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HomeMy WebLinkAboutNotice of Deficiency File Complete - 5/30/2014T . A= A MCDENK North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III, Secretary May 30, 2014 CERTIFIED MAIL 70111570 00018545 7305 RETURN RECEIPT REQUESTED Mr. Danny Cecile Radford Quarries of Boone, Inc. P.O. Box 2071 Boone, NC 28607 RE: Mining Permit No. 95-03 Bamboo Road Quarry Watauga County New River Basin Dear Mr. Cecile: NOTICE OF DEFICIENCY JUN 0 a Z914 On May 29, 2014, an inspection of the subject mine was performed by a representative of this office. As discussed with your mine operator on the site, several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: 1. All buffer zones shown on the Mining Permit Map last revised March 28, 2004 and received by the Land Quality Section on May 20, 2004 -shall be maintained to Division of Energy, Mineral, and Land Resources Land Quality Section Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 Phone: (336) 771-5000 / Fax: (336) 771-4631 - 4 Mr. Danny Cecile Notice of Deficiency May 30, 2014 Page 2 protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. The buffer zone requirement is addressed in Condition. 3C of the Mining Permit. The 100 foot buffer zone adjacent to the homes along Sunny Knoll Acres must be re-established as discussed during the May 29, 2014, site meeting. 2. All disturbed buffer zones along the southern boundary of the quarry where fill material has been placed must be re -vegetated to prevent any off-site sedimentation onto adjoining property. This requirement is outlined in Condition 3D of the Mining Permit. 3. All affected acreage boundaries along the southern side of the southern fill area must be clearly and permanently marked at 50 foot intervals. This is required in Condition 3E of the Mining Permit. 4. Provide adequate mechanical barriers to prevent any off-site sedimentation from the southern portion of the mine. Areas needing attention include: maintenance of silt fence, installation of a rock darn in front of the NCDOT pipe under Bamboo Road, installation of a skimmer device in the newly constructed sediment basin, and the installation of a diversion berm to direct runoff to the sediment trap below the portion of the mining operation located on the west side of Bamboo Road. This is required in Condition 4A of the Mining Permit. 5. All mining activities must be conducted according to the Mine Map dated March 29, 2004. The existing Mining Permit for this site expires on July 7, 2014. The map submitted for the permit renewal must show all disturbed areas noted during the May 29, 2014 inspection. This area micludes all new disturbances on the southern portion of the mine. This is required in Condition 4B of the Mining Permit. 6. All surface runoff from disturbed areas located on the southern portion of the mine and on the west side of Bamboo Road must be directed into appropriate sediment and erosion control devices. This is required in Condition 4C of the Mining Permit. 7. The sediment trap located on the west side of Bamboo Road must be cleared of all sediment and vegetation to ensure the functionality of the measure. This is required in Condition 4D of the Mining Permit. Division of Energy, Mineral, and Land Resources Land Quality Section Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 Phone.: (336) 771-5000 / Fax: (336) 771-4631 Mr. Danny Cecile Notice of deficiency May 30, 2014 Page 3 activities were undertaken without prior approval from this Department. This requirement is noted in Condition 4E of the Mining Permit. 9. A high wall barrier above the open pit must be included on the southern side of the Mine. During the inspection conducted on May 29, 2014, the placement of large boulders was discussed and deemed acceptable by this Department. This barrier is required in Condition 9A of the Mining Permit. 10. Visual screening is required along Sunny Knoll Acres Road and the southern side of the Mine. This visual screening is required in Conditions I OA and I OB of the Mining Permit. 11. Permanent vegetation must be provided in the following areas on the south side of the Mine: under the power line off of Bamboo Road, on the slopes of the sediment basin on the south side of the Mine, and as needed within the 100 foot buffer zone on the south side of the Mine If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter may be referred to the Director, Division of Land Resources, Department of Environment and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site. Do not hesitate to contact Tim Latham or me at (336) 771-5000 regarding any questions you may have about this matter. Sincerely, Matthew E. Gantt, P.E. Regional Engineer Land Quality Section Attachment: Mine Inspection Report cc: Ms. Janet Boyer, P.E., State Mining Specialist Mr. Toby Vinson, P.E., Land Quality Section Chief Division of Energy, Mineral, and Land Resources Land Quality Section Winston-Salem Regional Office S85 Waughtown Street, Winston-Salem, NC 27107 Phone: (336) 771-5000 / Fax: (336) 771-4631 CORRECTIVE ACTIONS REQUIRED — BAMBOO ROAD QUARRY (95-03) MAY 29,2014 1. All buffer zones shown on the Mining Permit Map last revised March 28, 2004 and received by the Land Quality Section on May 20, 2004 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. The buffer zone requirement is addressed in Condition 3C of the Mining Permit. The 100 foot buffer zone adjacent to the homes along Sunny Knoll Acres must be re-established as discussed during the May 29, 2014, site meeting. 2. All d ' isturbed buffer zones along the southern boundary of the quarry where fill material has been placed must be re -vegetated to prevent any off-site sedimentation onto adjoining property. This requirement is outlined in Condition 3D of the Mining Permit. 3. All affected acreage boundaries along the southern side of the southern fill- area must be clearly and permanently marked at 50 foot intervals. This is required in Condition 3E of the Mining Permit. 4. Provide adequate mechanical barriers to prevent any off-site sedimentation from the southern portion of the mine. Areas needing attention include: maintenance of silt fence, installation of a rock dam in front of the NCDOT pipe under Bamboo Road, installation of a skimmer device in the newly constructed sediment basin, and the installation of a diversion berm to direct runoff to the sediment trap below the portion of the mining operation located on the west side of Bamboo Road. This is required in Condition 4A of the Mining Permit. S. All mining activities must be conducted according to the Mine Map dated March 29, 2004. The existing Mining Permit for this site expires on July 7, 2014. The map submitted for the permit renewal must show all disturbed areas noted during the May 29, 2014 inspection. This area includes all new disturbances on the southern portion of the mine. This is required in Condition 4B of the Mining Permit. 6. All surface runoff from disturbed areas located on the southern portion of the mine and on the west side of Bamboo Road must be directed into appropriate sediment and erosion control devices. This is required in Condition 4C of the Mining Permit. 7. The sediment trap located on the west side of Bamboo Road must be cleared of all sediment and vegetation to ensure the functionality of the measure. This is required in Condition 4D of the Mining Permit. 8. A sediment and erosion control plan must be submitted to this Department addressing all newly disturbed areas on the southern portion of the Mine. These Page 2 activities were undertaken without prior approval from this Department. This requirement is noted in Condition 4E of the Mining Permit. 9. A high wall barrier above the open pit must be included on the southern side of the Mine. During the inspection conducted on May 29, 2014, the placement of large boulders was discussed and deemed acceptable by this Department. This barrier is required in Condition 9A of the Mining Permit. - 10. Visual screening is required along Sunny Knoll Acres Road and the southern side of the Mine. This visual screening is required in Conditions 1 OA and 1 OB of the Mining Permit. 11. Permanent vegetation must be provided in the following areas on the south side of the Mine: under the power line off of Bamboo Road, on the slopes of the sediment basin on the south side of the Mine, and as needed within the 100 foot buffer zone on the south side of the Mine North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT PERMITTED MINE SITE F1 UNPERMITTED MINE SITE 1. MINE NAME: Bamboo Road Quarry_ 2. MINE LOCATION: Bamboo Road 3. COUNTY: Watauga — 4. RIVER BASIN: New— 5. CASE: 6. OPERATOR: Radford Quarries of Boone, Inc. 7. ADDRESS: P.O. Box 2071 Boone, NC 28607 S. MI1*iING PERMIT #: 95 -03—F -I N/A 9. PERMIT EXPIRATION DATE: 7/7/2014_n N/A 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile, Randy Marsh, Derrik Goddard 11. PICTURES? %Yes F]No TAKEN BY: Tim Latham 12. TYPE OF INSPECTION: A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: B. Routine Inspection (Permitted Mine Sites) F] C. Follow-up Inspection 13. Date of last inspection: 5/26/2011 14. Any mining since that date? 9 Yes 0 No If yes, cite evidence of such mining activity: 15. Was mine operating at time of inspection? ;' ?S Yes Lj No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? Yes X No 0 N/A If no, explain: (L?Iease see attached page) 17. Is the mine in compliance with the Reclamation Conditions of the Permit? EJ Yes El No 19 N/A If no, explain: 18. Is there any off-site damage? A. T9 Yes B. F] No C. F� None observed If A, describe the type and severity of the damage: Slight off-site sedimentation noted into NCDOT ditchline along Bamboo Road. If B or C, is there potential -for offsite damage? 1Z Yes F1 No Explain: Possible further sediment loss near access road on south side of mine into Bamboo Road. i-9. Corrective measures needed and/or taken: (Please see attached page) 20. Other recommendations and comments: Areas disturbed on south side of property without prior approval from this Department. Buffer zone on south side of Mine needs to be re-established. High wall barriers need to be installed. New Mine Map must address. all disturbances on the south side of the mine. Sediment trap on south side of Bamboo Road needs to be cleared of sediment and vegetation. Installation of skimmer basin needs to be completed. All areas under power line need to be vegetated. Rock dam is needed in front of NCDOT culvert pipe replacement on Bamboo Road. Mine permit expires on 7/7/14. 21. Is the Annual Reclamation Report +/- map accurate? El Yes [:] No (Explain) JX Not Reviewed El N/A 22. Follow-up inspection needed? Z Yes El No Proposed date -711114. 23. No. of additional pages of Inspection Report Z, 24. Copy of Report seiit to operator INSPECTED BY: Matthew Gantt, Tim Latham, Toby Vinson TelephoneNo: 336-771-5000 DATE 5/29/2014 Copy to file Copy to operator Copy to Mining Specialist *_ I Vinson, Toby From: D J Cecile <djcecile@radfordquarries.com> Sent: Tuesday, June 03, 2014 12:29 PM To: Vinson, Toby Cc: Boyer, Janet; Wehner, Judy Subject: Re: Bamboo Road Quarry Complaint I am going to send you a letter contesting various points in the letter. The most overarching point of frustration is that some of the requested work has already been completed and clearly some of the requests are premature given an updated mine map is in preparation. Both these could have at least been acknowledged in the letter. D J Cecile Sent from my iPhone On Jun 2, 2014, at 4:19 PM, "Vinson, Toby" <toby.vinsonQncdenr.gov> wrote: I'm in office this afternoon until about 4:30 or 4:45. 1 left my schedule for tomorrow on your voicemail. Let me know what time will work for you as well. At first reading, it looks like everything we went over during the inspection is what is in the NOD. Judy relayed part of your conversation with her this morning and from what she mentioned it sounds like there may be some misunderstanding. I do know that Matt will have to re -send the letter as #8 was truncated in the letter and will need to be edited. Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources / Land Quality Section Phone: 919-707-9220 e-mail: toby.vinson@ncdenr.go From: D 3 Cecile [mailto:djcecile(aradfordquarries.com] Sent: Monday, June 02, 2014 12:06 PM To: Vinson, Toby Subject: Re: Bamboo Road Quarry Complaint Are you available for a phone call this afternoon? I have received a letter from Matt Gantt and am not necessarily pleased with it. D J Cecile - Sent from my iPhone On May 27, 2014, at 9:32 AM, "Vinson, Toby" <toby.vinson@ncden-r.gov> wrote: Thanks DJ. I'm looking forward to meeting you Thursday. Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources / Land Quality Section Phone: 919-707-9220 e-mail: toby.vinson@ncdenr.gov From: D.J. Cecile [mailto:djcecile(-�bradfordquarries.com] Sent: Friday, May 23, 2014 5:30 PM To: Derek Goddard Cc: Vinson, Toby; Gantt, Matt; Boyer, Janet; Wehner, Judy; Nathan A. Miller; Davis, Tracy; Latham, Tim Subject: Re: Bamboo Road Quarry Complaint That time is good for me as well. thanks D. I Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: djcecile(&radfordquarries.com Website: wmv.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, May 23, 2014 at 5:28 PM, Derek Goddard <derek@brec.biz> wrote: Thanks Toby, Fine with me. See you next week. On Friday, May 23, 2014, Vinson, Toby <toby.vinson 0a ncdenr.gov> wrote: DJ and Matt, I just got off the phone with Bill Bailey. He will not be attending our meeting on the 29th. Just Matt Gantt, Tim Latham and myself will be attending from DENR. I spoke with Derek Goddard earlier today as well and he relayed that he planned on attending. Given that the Town of Boone will not be involved, I recommend that we go ahead and meet next week on the 291h. Is 1 pm good with everyone? Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources/ Land Quality Section Phone: 919-707-9220 e-mail: tobV.vinson@ncdenr.gov From, D.J. Cecile rmailto:djcecile(�)radfordquarries.comI Sent: Friday, May 23, 2014 11:41 AM To: Gantt, Matt; Boyer, Janet; Weliner, Judy; Nathan A. Miller; Derek Goddard Cc: Vinson, Toby; Davis, Tracy; Latham, Tim Subject: Re: Bamboo Road Quarry Complaint Matt: We welcome any DENR representatives any time. Nonetheless, given our past relationship with the Town of Boone, and in particular, with the Planning Department, we request that our legal counsel Nathan Miller, Esq. be present if Bill Bailey or any Town of Boone official attends the inspection. Mr. Miller is unavailable next week as he is on secured leave. Furthermore, Mr. Miller has requested certain information from the Town of Boone regarding the complaint it filed with DENR. It is my understanding that we are not yet in receipt of this information, and I expect Mr. Miller will require time to review it prior to any inspection, especially should the Town be participating in the inspection. In light of the foregoing, I recommend that we postpone next week's meeting. As soon as Mr. Miller returns to his office, I will supply the dates we are available to meet. Thank you. Sincerely, DJ Cecile D. 1. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(-Oradfordguarries.com Website: wwvi,radfordauarries.com A , �_$' This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are'not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is S-FRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. Derck Goddard Blue Ridge Environawntal Consultam.s, P.A. 828.265.4425 336.844.4088 828.964.9349 Cell www.brec.biz derekkbrec.biz Confidentialitv Notice: ThL, F-Nlail transinission (andlor the (10CLIMCOTS acC0111 pall vi 11 o it (Attaclied or uploaded to the BREC. P,A, server) may contain infionnadon belonging to the sender andior intended recipient wl�lch Is confidential, privileged al'id.11"or exCrilpt froni disclosure undcr applicable law. 'I'lle information is intended only for the use of dic ind i'v idual(s) or entity named above. ll'YOU are not tile inten�ed rcclpjt�rlt, VOU 81'e hereh, nod f ted thai any &closure, copying, di-,tributioii or the takinz- of'any action M reliance on the coments ofthis ird'01-1-flatiOT1 iS S1riC1lV prolilbited. If you tiave received this F. -Mail traMSTIlisslon in error, please inainediately notifv us bv returii E-Tvlail or telephone to arrange for return of its conlenu, including any d0cunienf�;. Wehner, Judy From: D J Cecile <djcecile@radfordquarries.com> Sent: Tuesday, June 03, 2014 12:29 PM To: Vinson, Toby Cc: Boyer, Janet; Wehner, Judy Subject: Re: Bamboo Road Quarry Complaint I am going to send you a letter contesting various points in the letter. The most overarching point of frustration is that some of the requested work has already been completed and clearly some of the requests are premature given an updated mine map is in preparation. Both these could have at least been acknowledged in the letter. D J Cecile Sent from my iPhone On Jun 2, 2014, at 4:19 PM, "Vinson, Toby" <toby.vinson@ncdenr.gov> wrote: I'm in office this afternoon until about 4:30 or4:45. I left my schedule for tomorrow on your voicemail. Let me know what time will workforyou as well. At first reading, it looks like everything we went over during the inspection is what is in the NOD. Judy relayed part of your conversation with her this morning and from what she mentioned it sounds like there may be some misunderstanding. I do know that Matt will have to re -send the letter as #8 was truncated in the letter and will need to be edited. Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources / Land Quality Section Phone: 919-707-9220 e-mail: toby.vinson@ncdenr.gov From: D J Cecile [mailto:djcecile(a)radfordguarries.com] Sent: Monday, June 02, 2014 12:06 PM To: Vinson, Toby Subject: Re: Bamboo Road Quarry Complaint Are you available for a phone call this afternoon? I have received a letter from Matt Gantt and am not necessarily pleased with it. D J Cecile Sent from my iPhone On May 27, 2014, at 9:3 2 AM, "Vinson, Toby" <toby.vinsonkncdenr. gov> wrote: Thanks DJ. I'm looking forward to meeting you Thursday. Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources / Land Quality Section Phone: 919-707-9220 e-mail: toby.vinson@ncdenr.gov From: D.J. Cecile [ma i Ito: djceci le(cb radfordq uarries.com] Sent: Friday, May 23, 2014 5:30 PM To: Derek Goddard Cc: Vinson, Toby; Gantt, Matt; Boyer, Janet; Wehner, Judy; Nathan A. Miller; Davis, Tracy; Latham, Tim Subject: Re: Bamboo Road Quarry Complaint That time is good for me as well. thanks D. 1. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(slradfordguarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, May 23, 2014 at 5:28 PM, Derek Goddard <derek@brec.biz> wrote: Thanks Toby, Fine with me. See you next week. On Friday, May 23, 2014, Vinson, Toby <toby.vinsonkncdenr.gov> wrote: DJ and Matt, I just got off the phone with Bill Bailey. He will not be attending our meeting on the 2 9th. Just Matt Gantt, Tim Latham and myself will be attending from DENR. I spoke with Derek Goddard earlier today as well and he relayed that he planned on attending. Given that the Town of Boone will not be involved, I recommend that we go ahead and meet next week on the 29th. Is I pm good with everyone? Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources/ Land Quality Section Phone: 919-707-9220 e-mail: tobV.vinson@ncdenr.gov From: D.J. Cecile rmailto:djcecile(�i)radfordquarries-com] Sent: Friday, May 23, 2014 11:41 AM To: Gantt, Matt; Boyer, Janet; Wehner, Judy; Nathan A. Miller; Derek Goddard Cc: Vinson, Toby; Davis, Tracy; Latham, Tim Subject: Re: Bamboo Road Quarry Complaint Matt: We welcome any DENR representatives any time. Nonetheless, given our past relationship with the Town of Boone, and in particular, with the Planning Department, we request that our legal counsel Nathan Miller, Esq. be present if Bill Bailey or any Town of Boone official attends the inspection. Mr. Miller is unavailable next week as he is on secured leave. Furthermore, Mr. Miller has requested certain information from the Town of Boone regarding the complaint it filed with DENR. It is my understanding that we are not yet in receipt of this information, and I expect Mr. Miller will require time to review it prior to any inspection, especially should the Town be participating in the inspection. In light of the foregoing, I recommend that we postpone next week's meeting. As soon as Mr. Miller returns to his office, I will supply the dates we are available to meet. Thank you. Sincerely, DJ Cecile D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: djcecileq1radfordquarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. Derek Goddard Blue Ridge Environmental Consultants, P.A. 828.265.4425 116-944-4099 828.964.9349 Cell www.brec.biz derekkbrec.biz Confidentiality Notice: This E -Mail transmission (and/or the documents accompanying it (Attached or uploaded to the BREC, P.A. server) may contain information belonging to the sender and/or intended recipient which is confidential, privileged and/or exempt from disclosure under applicable law. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this E -Mail transmission in error, please immediately notify us by return E -Mail or telephone to arrange for return of its contents including any documents. ri� —5911 J /'t S WDENK North Carolina Department of Environment and Natural Resources Pat McCrory, Governor May 30, 2014 CERTIFIED MAIL 70111570 0001,8545 7305 RETURN RECEIPT REQUESTED NOTICE OF DEFICIENCY Mr. Danny Cecile Radford Quarries of Boone, Inc. P.O. Box 2071 Boone, NC 28607 RE: Mining Permit No. 95-03 Bamboo Road Quarry Watauga County New River Basin Dear Mr. Cecile: John E. Skvarla, III, Secretary On May 29, 2014, an inspection of the subject mine was performed by a representative of thi ' s office. As discussed with your mine operator on the site, several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: 1. All buffer zones shown on the Mining Permit Map last revised March 28, 2004 and received by the Land Quality Section on May 20, 2004 shall be maintained to Division of Energy, Mineral, and Land Resources Land Quality Section Winston-Salem Regional Ofrice 585 Waughtown Street, Winston-Salem, NC 27107 Phone: (336) 771-5000 / Fax: (336) 771-4631 Mr. Danny Cecile Notice of Deficiency May 30, 2014 Page 2 protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. The buffer zone requirement is addressed in Condition 3C of the Mining Permit. The 100 foot buffer zone adjacent to the homes along Sunny Knoll Acres must be re-established as discussed during the May 29, 2014, site meeting. 2. All disturbed buffer zones along the southern boundary of the quarry where fill material has been placed must be re -vegetated to prevent any off-site sedimentation onto adjoining property. This requirement is outlined in Condition 3D of the Mining Permit. 3. All affected acreage boundaries along the southern side of the southern fill area must be clearly and permanently marked at 50 foot intervals. This is required in Condition 3E of the Mining Permit. 4. Provide adequate mechanical barriers to prevent any off-site sedimentation from the southern portion of the mine. Areas needing attention include: maintenance of silt fence, installation of a rock dam in front of the NCDOT pipe under Bamboo Road, installation of a skimmer device in the newly constructed sediment basin, and the installation of a diversion berm to direct runoff to the sediment trap below the portion of the mining operation located on the west side of Bamboo Road, This is required in Condition 4A of the Mining Permit. 5. All mining activities must be conducted according to the Mine Map dated March 29, 2004. The existing Mining Permit for this site expires on July 7, 2014. The map submitted for the permit renewal must show all disturbed areas noted during the May 29, 2014 inspection. This area micludes all new disturbances on the southern portion of the mine. This is required in Condition 4B of the Mining Permit. 6. All surface runoff from disturbed areas located on the southern portion of the mine and on the west side of Bamboo Road must be directed into appropriate sediment and erosion control devices. This is required in Condition 4C of the Mining Permit. -, 7. The sediment trap locatedon the west side of Bamboo Road must be cleared of all sediment and vegetation to ensure the functionality of the measure. This is required in Condition 4D of the Mining Permit. Division of Energy, Mineral, and Land Resources Land Quality Section Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 Phone: (336) 771-5000 / Fax: (336) 771-4631 Mr. Danny Cecile Notice of deficiency May 30, 2014 Page 3 activities were undertaken without prior approval from this Department. This requirement is noted in Condition 4E of the Mining Permit. 9. A high wall barrier above the open pit must be included on the southern side of the Mine. During the inspection conducted on May 29, 2014, the placement of large boulders was discussed and deemed acceptable by this Department. This barrier is required in Condition 9A of the Mining Permit. 10. Visual screening is required along Sunny Knoll Acres Road and the southern side of the Mine. This visual screening is required in Conditions I OA and 1 OB of the Mining Permit. 11. Permanent vegetation must be provided in the following areas on the south side of the Mine: under the power line off of Bamboo Road, on the slopes of the sediment basin on the south side of the Mine, and as needed within the 100 foot buffer zone on the south side of the Mine If the previously descr�bed d�pqipxicies are not,corrected within 30 days following your receipt of this Notice, this matter rn&ybe referred to the Director, -Division of Land Resources, Department of Environment apd Natqral Resources, for the issuance of an official Notice of Violation in an effort to securQ,,compliance at the site. Do not hesitate to contact Tim Latham or me at (336) 771-5000 regarding any questions you may have about this matter. Sincerely, Matthew E. Gantt, P.E. Regional Engineer Land Quality Section Attacliffient: Mine Inspection'Report cc: Ms. Janet Boyer, P.E., State Mining Specialist Mr. Toby Vinson, P.E., Land Quality Section Chief Division of Energy, Mineral, and Land Resources Land Quality Section Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 Phone: (336) 771-5000 / Fax: (336) 771-4631 CORRECTIVE ACTIONS REQUIRED — BAMBOO ROAD QUARRY (95-03) MAY 29,2014 I . All buffer zones 'shown on the Mining Permit Map last revised March 28, 2004 and received by the Land Quality Section on May 20, 2004 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. The buffer zone requirement is addressed in Condition 3 C of the Mining Permit. The 100 foot buffer zone adjacent to the homes along Sunny Knoll Acres must be re-established as discussed during the May 29, 2014, site meeting. 2. All disturbed buffer zones along the southern boundary of the quarry where fill material has been placed must be re -vegetated to prevent any off-site sedimentation onto adjoining property. This requirement is outlined in Condition 3D of the Mini4g,Permit.-, i - , , I I 3. All affected acreage boundaries along the southern side of the southern fill area must be clearly and permanently marked at 50 foot intervals. This is required in Condition 3E of the MiningPermit. . . 1 4. Provide adequ4te)rneqb#mcal barriers to prevent any off-site sedimentation from the southern ppgion ofthp mine. Areas needing attention include: maintenance of silt fence, inst4llgtion of axock dam in front of the NCDOT pipe under Bamboo Road, installatjp&of a.skimmer device in the newly constructed sediment,basin, and the installation of,a7 diversion berm to direct runoff to the sediment trap below the portion of the minirig Dperation located on the west side of Bamboo Road. This is required in Condition 4A of the Mining Permit. 5. All mining activities must be conducted according to the Mine Map dated March 29, 2004. The.existing Mlining Permit for this site expires on July 7, 2014. The map submitted, for thq�permit renewal must show all disturbed areas noted during the May 29, 20J,4 insppotion, This area includes all new disturbances on the southern portion of the,nih�e. This is required in Condition 4B of the Mining Permit. 6. All surface rulnofffrom disturbed areas located on the southern portion of the mine and on thewest side,of Bamboo Road must be directed into appropriate sediment and erosion control devices. This is required in Condition 4C of the Mining Permit. 7. The sediment tr4p located on the west side of Bamboo Road must be cleared of all sediment and ve getation to ensure the functionality of the measure. This is required in Con4ition 4P of the Mining Permit. 8. A sediment and erosioncontrol plan must be submitted to this Department addressing all newly disturbed areas on the southern portion of the Mine. These Page 2 activities were undertaken without prior approval from this Department. This requirement is noted in Condition 4E of the Mining Permit. 9. A high wall barrier above the open pit must be included on the southern side of the Mine. During the inspection conducted on May 29, 2014, the placement of large boulders was discussed and deemed acceptable by this Department. This barrier is required in Condition 9A of the Mining Permit. 10. Visual screening is required along Sunny Knoll Acres Road and the southern side of the Mine. This visua-I screening is required in Conditions I OA and 10B of the Mining Permit. 11. Permanent vegetation must be provided in the fol1owing areas on the south side of the Mine: under the power line off of Bamboo Road, on the slopes of the sediment basin on the south side of the Mine, and as needed within the 100 foot buffer zone on the south side of the Mine in C' North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT X PERMITTED MINE SITE F] uNPERmITTED MINE SITE 1. MINE NAME: Bamboo Road Quarry— 2. MINE LOCATION: Bamboo Road 3. COUNTY: Watauga 4. RIVER BASIN: New— 5. CASE: 6. OPERATOR: Radford Quarries of Boone, Inc. 7. ADDRESS: P.O. Box 2071 - Boone,NC 28607 8. MINING PERMIT#: 95-03 '' F] N/A 9. PERMIT EXPIRATION DATE: 7/7/2014_F] N/A 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile, Randy Marsh, Derrik Goddard 11. PICTURES? X Yes F-1 No TAKEN BY: Tim Latham 12. TYPE OF INSPECTION: El A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area, measured? Measured by: B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 5/26/2011 14. Any mining since that date? 9 Yes Zio If yes, cite evidence of such mining activity: 15. Was mine operating at time of in! ection? ;K Yes El No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? El Yes X No El NiA If no, explain: (Please see attached pake)—l"' 17. Is the mine in compliance with the Reclamation Conditions of the Permit? 0 Yes El No N/A If no, explain: 18. Is there any off-site damage? A.'N"Ye'9A3.L1 No c.F] Noneobserved If A, describe the type and severity 6fthe damage: Sl i ight off-site sedimentation noted into NCDOT ditchline along Bamboo Road. — � I., I If B or C, is there potential for offsite'damagel'% Yes FINo Explain: Possible further sediment loss near access road on south side of mine into Bamboo Road. 19. Corrective measures needed and/or taken: (Please see attached ppige)- - ' 20. Other recommendations and c�Omrnents: Areas disturbed on south side of property without prior approval from this Department. Buffer zone on south side of Mine needs to be re-established. High wall barriers need to be installed. New Mine Map must address all disturbances on the south side of the mine. Sediment trap on south side of Bamboo Road needs to be cleared of sediment and vegetation. Installation of skimmer basin needs to be completed. All areas under power line need to be vegetated. Rock dam is needed in front of NCDOT culvert pipe repla�emefifon' Bamboo Road. Mine permit expires on 7/7/14. 21. Is the Annual Reclamation Report +/- map accurate? El Yes [:] No (Explain) ]M Not ReviewedEl N/A 22. Follow-up inspection needed? ;K Yes El No Proposed date —111114, 23. No. of additional pages of Inspection Report 7, 24. Copy of Report sent to operator INSPECTED BY: Matthew Gantt, Tim Latham, Toby Vinson TelephoneNo: 336-771-5000 DATE 5/29/2014 Copy to file Cop'y'to operator Copy to Mining Specialist Wehner, Judy From: Vinson, Toby Sent: Friday, May 23,2014 12:07 PM To: D.J. Cecile; Gantt, Matt; Boyer, Janet; Wehner, Judy; Nathan A. Miller, Derek Goddard Cc: Davis, Tracy, Latham, Tim Subject: RE: Bamboo Road Quarry Complaint DJ and Matt, I just got off the phone with Bill Bailey. He will not be attending our meeting on the 2 9th. Just Matt Gantt, Tim Latham and myself will be attending from DENR. I spoke with Derek Goddard earlier today as well and he relayed that he planned on attending. Given that the Town of Boone will not be involved, I recommend that we go ahead and meet next week on the 29th. Is 1 pm good with everyone? Toby William E. Toby Vinson, Jr., PE, CPESC, CFM Section Chief NC Division of Energy, Mineral, and Land Resources / Land Quality Section Phone: 919-707-9220 e-mail: toby.vinson@ncdenr.gov From: D.J. Cecile [mailto:djcecile(�)radfordquarries.com] Sent: Friday, May 23, 2014 11:41 AM To: Gantt, Matt; Boyer, Janet; Wehner, Judy; Nathan A. Miller; Derek Goddard Cc: Vinson, Toby; Davis, Tracy; Latham, Tim Subject: Re: Bamboo Road Quarry Complaint Matt: We welcome any DENR representatives any time. Nonetheless, given our past relationship with the Town of Boone, and in particular, with the Planning Department, we request that our legal counsel Nathan Miller, Esq. be present if Bill Bailey or any Town of Boone official attends the inspection. Mr. Miller is unavailable next week as he is on secured leave. Furthermore, Mr. Miller has requested certain information from the Town of Boone regarding the complaint it filed with DENR. It is my understanding that we are not yet in receipt of this information, and I expect Mr. Miller will require time to review it prior to any inspection, especially should the Town be participating in the inspection. In light of the foregoing, I recommend that we postpone next week's meeting. As soon as Mr. Miller returns to his office, I will supply the dates we are available to meet. Thank you. Sincerely, DJ Cecile D. 3. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: djceclle(�bradforclquarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Thu, May 22, 2014 at 4:5 6 PM, Gantt, Matt <matt. ganttkncdenr. Rov> wrote: Hi DJ, As of now it will be myself, Tim Latham, and Toby Vinson. Mr. Vinson also wanted Bill Bailey to attend to address his concerns, but we have not yet contacted him. Thanks Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: D.J. Cecile <djcecile@radfordquarries.com> Sent: Monday, May 19,2014 3:47 PM To: Wehner, Judy, Gantt, Matt; Latham, Tim Subject: letter to Town of Boone Attachments: 5-16-14 Letter to Andy Ball.pdf Dear All Please put this letter in your files on our permits. Thank you, DJ D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(dradfordouarries.com Website: www.radfordguarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in I or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. Radford Quarries., Inc. RANEORD Mailing Address: P 0 BOX2071, Boone, NC28607 Physical Address: 200 Den- Mac Dnve, Boone. NC 28607 Corporate Phone: (828)264-9828 Corporate Fax: (828)264-9829 Bamboo Quarry Glendale Springs Quarry Wilkes Sales Yard Avery Sales Yard Doe Crook Quarry noom-, NC G 31cnd ale Sp i ing 3, N C Wilkesboro NC Elk Park, NC 8 utlec TN 828 264-7008 (p) 33G-982 $530 1p) 33(i-921-2111 1,P) 828-964-5229 423-768-3133 (P) May 16,2014 I lonorable Mayor Andy Ball Town Manager Greg Young 567 W. King St. Boone, NC 28607 Re: Town Official on Permitted Mining Site of'Radflord Quarries of Boone. Inc. Dear Mayor Ball and Manager Young: C> The flash flood incidents Thursday had Radford employees working diligently, from the beginning of the business day until after 6:00 p.m. cutting trenches to divert heavy rainfall. At one point mid-afternooll.. we anticipate there was as much as our (4) inches of rain in an hour, NCDOT contacted us in March of this year that they intended to clean out and create ditch lines on Bamboo Road. As of yesterday. DOT has yet to begin the project. The west side of the permitted mining site oil Bambooabsorbed the vast rainfall event, leaving us digging out this moming to continue our services to the public. Z:� During the height of the rain event yesterday, a Town of Boone vehicle was sighted oil the permitted mining site after failing to report to the weigh house. MSHA federal regulations prohibit anyone, other than certified mining professionals, from entering upon the premises without first reporting to the comparily official overseeing the facility. Upon presentation, the individUill requesting access to the mine is provided with certain siflety information and must be accompanied, at all times, by a company official or employee. Our heavy equipment operators were working in extreiriely adverse circumstances when the town vehicle came onto the premises, which could have easily iesulted in a disaster. We have noted this violation in our dailyjoumal, as required by federal law. We are also conuicting the North Carolina Division of Energy, Minerals and Land Resources to make sure an incident report is filed to reflect the violation. We do not know which Town of Boone official or employee was responsible for this incident, but �,our assistance to prevent such an event from occurring in the future is pararnoLint to the safetV Of Our facility. Had your official followed proper procedures, many more Government services could have been brought to bear upon the exirerne circumstances wid-lout C I" having to put our employees at risk. During the extreme portions of the rainfall,vvre contacted the Town of Boone Police Department for assistance with traffic control due to a potentially hazardous situation on Bamboo Road. No Boone officers were available to assist. Watauga County Sheriffs Department was then & North Carolina Highway Patrol contacted and the, were also unable to assist Eventually, provided tTaffiC oversight as our employees mid staff voluntarily removed the potential hazard r - during the down Pours without the occurrence of physical injury or vehicle dan-lage. Z' Page 2/Town of Boone We will be contacting NCDOTtoday to determine their game plan to alleviate the continuing recurring sediment and water issues on Bamboo Road caused by flash floods, Constructing and maintaining proper ditch lines on a state road is not within the purview of a private company. We. intend to initiate the dialogue on this problem with the State of North Carolina Ibr the C� potential safety concernsarising out of the inaction of NCDOT. Please advise your officials mid staff ofthe regulations I have outlined above. These are regulations are mandatory and must be applied with uniformity, without exception. Should we have to investigate the incident further, we may require that you determine the employee involved for questioning by federal mining ofiicials. V I will keep you apprised on the progress on this matter and how it will be resolved DJ141t-cccile) AM- Ph.D. VP cc: North Carolina Division of Energy, Mineral and Land Resources Wehner, Judy From: D.J. Cecile <djcecile@radfordquarries.com> Sent: Friday, May 16, 2014 3:18 PM To: Gantt, Matt Cc: Vinson, Toby; Davis, Tracy; Boyer, Janet; Latham, Tim; Wehner, Judy; Derek Goddard; Randy Marsh Subject: Re: Bamboo Road Quarry Complaint Dear All: After conversing with both Randy Marsh and Derek Goddard, the soonest dates we are mutually available are: Friday, May 23; Monday, May 26; and Tuesday, May 27. Any time on those days is acceptable. Please do let us know as soon as possible so that we may appropriate the time on our schedules. I look forward to hearing from you. At your convenience, please also advise who will be attending the meeting/inspection. Randy, Derek, and I will be the only Radford representatives in attendance. Sincerely, DJ D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(&radfordouarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, May 16, 2014 at 11: 0 1 AM, Gantt, Matt <matt. gantt@ncdenr. gov> wrote: DJ, You would have to ask Tim. I T�ar�ks, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX:.(336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: D.I. Cecile [mailto:djcecile(�-bradfordguarries.com] Sent: Friday, May 16, 2014 10:23 AM To: Gantt, Matt Cc: Vinson, Toby; Davis, Tracy; Boyer, Janet; Latham, Tim; Welmer, Judy; Derek Goddard; Randy Marsh Subject: Re: Bamboo Road Quarry Complaint Matt: Derek is in a meeting, but as soon as I hear from him, I will supply some meeting dates. Since there is no written complaint, could you or Tim please further amplify what was communicated to the Mining Division by Mr. Bailey. Thank you DJ D. I Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(�Oradfordquarries.corn Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, May 16, 2014 at 10: 16 AM, Gantt, Matt <matt. gantt@ncdenr. gov> wrote: DJ, I do not,have a written complaint from Mr. Bailey. He had spoken to Tim Latham. We will await your proposed dates. Thank You, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed t -0 third parties. From: D.J. Cecile [mailto:djcecile(�)radfordquarries.com] Sent: Friday, May 16, 2014 10:05 AM To: Gantt, Matt Cc: Vinson, Toby; Davis, Tracy; Boyer, Janet; Latham, Tim; Wehner, Judy; Derek Goddard; Randy Marsh Subject: Re: Bamboo Road Quarry Complaint Good morning Matt I believe you had Ms. Judy Welmer's email wrong? I corrected it. Thanks for the email. We are fully aware of the situation arising from the Watauga County flash flooding yesterday. We were -in the process of preparing a letter addressing the situation and will have it to you shortly. In the mean while, would you please forward me a copy of Mr. Bailey's complaint? I saw him here yesterday and before I could get off my Cat dozer to approach him he spun off. I am copying Derek Goddard as he is involved in my project as well. I will determine his availability and farnish dates both he and I can meet. Thanks DJ D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: djcecileCd)radfordquarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, May 16, 2014 at 9:49 AM, Gantt, Matt <matt. ganttAncdenr. gov> wrote: Hi DJ, We have received a complaint from the Town of Boone regarding the Bamboo Road Facility. We need to meet with you to discuss the permitting. Could you please supply us with a few dates you would be able to meet on site with myself and the permitting staff. Thanks, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. a V I Wehner, Judy From: D.J. Cecile <djcecile@radfordquarries.com> Sent: Friday, May 16, 2014 10:05 AM To: Gantt, Matt Cc: Vinson, Toby; Davis, Tracy; Boyer, Janet; Latham, Tim; Wehner, Judy, Derek Goddard; Randy Marsh Subject: Re: Bamboo Road Quarry Complaint Good morning Matt I believe you had Ms. Judy Welmer's email wrong? I corrected it. Thanks for the email. We are fully aware of the situation arising from the Watauga County flash flooding yesterday. We were in the process of preparing a letter addressing the situation and will have it to you shortly. In the mean while, would you please forward me a copy of Mr. Bailey's complaint? I saw him here yesterday and before I could get off my Cat dozer to approach him he spun off. I am copying Derek Goddard as he is involved in my project as well. I will determine his availability and furnish dates both he and I can meet. Thanks DJ D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(&radfordauarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, May 16, 2014 at 9:49 AM, Gantt, Matt <rnatt. gantt@ncdenr. gov> wrote: Hi DJ, 1 41 We have received a complaint from the Town of Boone regarding the Bamboo Road Facility. We need to meet with you to discuss the permitting. Could you please supply us with a few dates you would be able to meet on site with myself and the permitting staff. Thanks, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Boyer, Janet From: Wehner, Judy Sent: Tuesday, January 07, 2014 10:30 AM To: Boyer, Janet Subject: FW: Bamboo Quarry From: Wehner, Judy Sent: Wednesday, November 20, 2013 12:09 PM To: 'D.J. Cecile' Cc: Gantt, Matt; Latham, Tim; Boyer, Janet Subject: RE: Bamboo Quarry Updated mine maps won't do it. You'll have to modify the permit just like Glendale Springs. You can modify at the same time you renew but cannot disturb the area until the modification is approved. From: D.J. Cecile [mailto:djcecile(�i)radfordguarries.com] Sent: Weanesday, November 20, 2013 11:57 AM To: Wehner, Judy Subject: Bamboo Quarry Good morning! Hope you are doing well. I have cleared about two acres at Bamboo Quarry to move some of my crushing machinery. I've outgrown our small processing areas. I was planning to have Derek add this to the disturbed area when we submit our renewal application in the very near future. Is that acceptable? Or do I need Derek to go ahead and give you an updated mine map now? Thanks! DJ D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: djcecile0radfordquarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. Wehner, Judy From: Wehner, Judy Sent: Friday, October 18, 2013 10:12 AM To: 'D.J. Cecile' Subject: RE: Question Sorry but very busy, just me here. Either E & S plan or Mining Permit, not both. If you want a concrete plant within the permit boundary, modify the permit. If you put it outside, get an E & S plan. Concrete plants may have special stormwater permits. From: D.J. Cecile [mailto:djcecile(cbradfordguarries.com] Sent: Friday, October 18, 2013 9:50 AM To: Wehner, Judy Subject: Re: Question Yoohoo are you there? Do other things like hot mix or concrete plants have to get their own erosion control permits or can they be under the mining permit if they are on mining property? thanks D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. 200 Den Mac Drive P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-0024 Facsimile: (828) 264-9829 Email: dicecile(d-)radfordquarries.com Website: www.radfordguarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Thu, Oct 17, 2013 at 1:30 PM, D J Cecile <dicecilegradfordquarries.com> wrote: Hello Judy. Dr says about two more weeks on the twins! will be looking for a bottle of wine from you to celebrate with ..... If I want to start another business at the quarry does erosion control fall under the mining permit or do I still need another permit from land quality? Thanks DJ , owl 441 - ; Rodgers, Ashley From: Rodgers, Ashley Sent: Monday, July 08, 2013 10:14 AM To: 'Eric Gentry' Cc: Gantt, Matt Subject: RE. Radford Quarries of Boone, Inc. permits Eric, I had to talk to the guy across the hall (and there has been some conflict with our vacation schedules). Here is our current cost for scanning/copying the maps: Copy: 8 dollars per map Scan to CD: 15 dollars Or, you are welcome to come view them in either the Winston Salem or Raleigh Central office. If you only need the basics, you can probably use our photocopier to piece together the maps. It just depends on the quality you need. Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Eric Gentry rmailto:egenti)�(�bt-I.coml Sent: Thursday, June 20, 2013 10:43 AM To: Rodgers, Ashley Cc: Gantt, Matt; Eric Gentry Subject: Re: Radford Quarries of Boone, Inc. permits Ashley, thanks so much for getting this for me. I really need to see the maps referenced in the permit. Is there anyway to get a scanned copy? If not then is the Winston office the place to visually inspect? also, hopefully the Winston staff will have more information on the other site in Wilkes. thanks E Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, June 20, 2013 1:34 PM To: Gantt, Matt Subject: Bing Maps - hwy 268 and browns ford rd, north wilkesboro, nc No problem, Matt. I tried to fix the location on bing maps. It's at the intersection below — the area on the left at the intersection (looks like a gravel yard maybe?) hwy 268 and browns ford rd, north wilkesboro, nc http://binged.it/105hUCk Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, June 20, 2013 11-13 AM To: Gantt, Matt Subject: RE: Radford Quarries question You have to open it with Google Earth. I just tried it again, and it worked for me. Do you have google earth installed? Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ----- Original Message ----- From: Gantt, Matt Sent: Thursday, June 20, 2013 11:04 AM To: Rodgers, Ashley Subject: RE: Radford Quarries question Attachment won't open. Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ----- Original Message ----- From: Rodgers, Ashley Sent: Thursday, June 20, 2013 10:33 AM To: Gantt, Matt Subject: Radford Quarries question Matt, Here is the location in question for the other Radford Quarries site I mentioned in my email to Mr. Gentry. He seems to believe that this area is permitted by us, but it doesn't match any mine permits I have. He was looking for a site that is approximately 14 acres. The only Wilkes County site that pops up for Radford Quarries is the released one I mentioned, which is a few miles away. Do you or anyone on your staff know any more about this location? It looks like it may be a little gravel yard? (But it isn't 14 acres ..... ) Let me know if anyone has info on it! Thanks, Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, June 20, 2013 10:33 AM To: Gantt, Matt Subject: Radford Quarries question Attachments: Radford Mine?.kmz Matt, Here is the location in question for the other Radford Quarries site I mentioned in my email to Mr. Gentry. He seems to believe that this area is permitted by us, but it doesn't match any mine permits I have. He was looking for a site that is approximately 14 acres. The only Wilkes County site that pops up for Radford Quarries is the released one I mentioned, which is a few miles away. Do you or anyone on your staff know any more about this location? It looks like it may be a little gravel yard? (But it isn't 14 acres ..... ) Let me know if anyone has info on it! Thanks, Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, June 20, 2013 10.27 AM To: legentry@t-I.com' Cc: Gantt, Matt Subject: Radford Quarries of Boone, Inc. permits Attachments: 95-03 permit Mr. Gentry, Attached is mine permit no. 95-03 (Bamboo Road Quarry) in Watauga County, as requested. Radford Quarries had previously permitted a site in Wilkes County, mine permit no. 97-06 (Hamby Mt. Mine), however this mine permit was released in 2006. I will forward the location you gave me in Wilkes County to our Winston-Salem staff and see if any of them know of/remember a permit in that location. Let me know if you need anything else. You are always welcome to schedule a visit with either the Central office in Raleigh or our Winston-Salem office if you need to review the entire file (including maps). Thanks, Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Eric G. Gentry, LS VA WV TN INIC Director of Survey / Associate Thompson & Litton, Inc. Federal HUBZone/Federal Small BusinessNA Small Business Radford, VA Survey Office: 540.633.1897 x:3234 Clintwood, VA Survey Office: 276.926.6087 x6226 Mobile: 540.922.2030 E-mail: ezentryCED-T-11--com Web Site: www.T-L.com This communication from Thompson & Litton, including attachments, if any, is intended as a confidential and privileged communication. If received in error, you should not copy, save or reproduce in any manner or form, but delete immediately and notify the sender. On 6/20/2013 10:26 AM, Rodgers, Ashley wrote: Mr. Gentry, Attached is mine permit no. 95-03 (Bamboo Road Quarry) in Watauga County, as requested. Radford Quarries had previously permitted a site in Wilkes County, mine permit no. 97-06 (Hamby Mt. Mine), however this mine permit was released in 2006. I will forward the location you gave me in Wilkes County to our Winston-Salem staff and see if any of them know of/remember a permit in that location. Let me know if you need anything else. You are always welcome to schedule a visit with either the Central office in Raleigh or our Winston-Salem office if you need to review the entire file (including maps). Thanks, Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.