Public Hearing Summary

PUBLIC HEARING SUMMARY
FRANK R. MORTON dba J.J. MORTON & SON CONSTRUCTION'S
PROPOSED HOOVER ROAD PIT
PURPOSE OF HEARING
To receive public comment related to Frank R. Morton dba J.J. Morton & Sons
Construction's request for a mining permit for a sand mining operation located off
Hoover Road in Pender County.
DATE, TIME, PLACE
August 22, 2011 at 7:00 PM
Topsail High School
Media Center
245 North St. Johns Church Road
Hampstead, NC 28443
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES STAFF
Ms. Janet Boyer, State Mining Specialist, Land Quality Section
Mr. Dan Sams, Regional Engineer, Wilmington Regional Office
Mr. Trentt James, Environmental Specialist, Wilmington Regional Office
Ms. Ashley Rodgers, Assistant State Mining Specialist, Land Quality Section
Dr. Kenneth B. Taylor, PhD., Geological Survey Section Chief, Division of Land
Resources
OPENING
Dr. Taylor called the hearing to order at * PM, welcomed everyone in attendance,
introduced the staff, explained the purpose of the hearing, outlined the hearing agenda
and stated the guidelines to follow for submitting comments at the hearing. Dr. Taylor
stated that the proceedings would remain open for a period of ten days following the
hearing for additional comments.
Dr. Taylor then explained the action for which the mining permit application is required:
The applicant proposes to operate a sand mining operation located off Hoover
Road in Pender County. The applicant has submitted an erosion and
sedimentation control plan for the mine site intended to protect surrounding areas
and watercourses. A reclamation plan has also been submitted to the
Department for review concerning restoration of this area to a useful land use
once mining has terminated.

Ms. Rodgers presented an overview on the mining permit procedures pursuant to the
Mining Act of 1971 and explained how it related to the subject permit application.
Dr. Taylor and Ms. Rodgers' actual comments are attached as Public Hearing Format
and Land Quality Section Public Hearing Presentation.
* people signed in for the meeting
* checked - Wish to speak
ORAL COMMENTS
Speaker:
Ms. Sara Pulsifer: Ms. Pulsifer owns property directly beneath the proposed mine site,
and is concerned about safety issues, slope stability, runoff from the site, erosion, and
the possibility of increased interest in mining the surrounding area.
Mr. Michael Kinard: Mr. Kinard had two main points of concern: first, the possibility for
rock falls and slides on the steep slope; second, the changes in movement of silt within
the rock face and the filling in of ditches and culverts from siltation that is already
occurring. He has also sent a letter with written comments.
Mr. Harold Pruitt, PE: Mr. Pruitt is a PE in the geotechnical field and was asked to look
at the proposed mining operation from the perspective of Ms. Pulsifer's home. He will
be issuing a report on his findings. Mr. Pruitt's concerns dealt with slope stability,
blasting and seismic activity, erosion and stormwater flow, and road issues that included
maintenance and emergency access to Ms. Pulsifer's home.
Mr. Ruffin Shackelford: Mr. Shackelford, a nearby landowner, is representing 56
homeowners of Cataloochee Colony Association and is submitting a detailed letter of
their concerns as well as copies of his own remarks. Mr. Shackelford's concerns
included mining without a permit, improper setbacks, blasting and flyrock, erosion and
sediment control, adverse effects on air, water, groundwater, and wildlife, and the
effects on nearby homes.
Mr. Alex Aumen: Mr. Aumen represents the owners and business of Cataloochee
Ranch. As a business, they do not anticipate that the proposed operation will have any
adverse affect on their business and they support the use of personal property in this
regard.
Ms. Judy Coker: Ms. Coker is representing a neighboring property owned by Coker
Family Investments. They have no problems with the proposed mining operation.
Mr. Tim Burress: Mr. Burress, with Burress Stone Construction, Inc., is the applicant.
He noted that most of the pictures shown by Mr. Shackelford are not of the proposed

site on Mr. Hall's property. They have done no blasting and have not used any
dynamite. He discussed safety precautions taken to prevent properties below the site
from rolling boulders. Mr. Burress also noted that if the mine is granted a permit, they
will be under strict erosion and sediment control requirements. The proposed erosion
and sediment control ponds are much larger than the one currently on site.
Ms. Jennifer Robertson: Ms. Robertson is with Wetland and Natural Resource
Consultants, the company that prepared the application. Since Mr. Burress clarified that
most of the pictures shown by Mr. Shackelford are not of the Hall property, she had no
further comments.
WRITTEN COMMENTS
As a part of the official record of this public hearing, the following written comments are
attached:
1 . Email from Scott A. Silver received on January 2, 2009 in lieu of attending the
public hearing
2. Email from Ms. Tina Smith received on January 12, 2009 in lieu of attending the
public hearing
3. Written comments from Mr. Ruffin Shackleford, nearby landowner, dated January
13, 2009 (submitted at the hearing)
4. Letter from Mr. Michael Neijna, Board Chair of the Cataloochee Colony
Association, dated January 6, 2009 (submitted at the hearing on January 13,
2009 and also via mail on January 12, 2009)
5. Letter from Mr. and Mrs. Joel D. Cornett dated January 9, 2009 and received on
January 14, 2009 in lieu of attending the public hearing
6. Letter from Mr. Michael Kinard, PE, dated January 12, 2009 and received on
January 15, 2009
7. Letter from Mr. Gregory Kidd, Senior Program Manager with the National Parks
Conservation Association, dated January 13, 2009 and received January 16,
2009
8. Report of Site Visit & Engineering Review from Mr. Harold D. Pruitt, PE, dated
January 19, 2009 and received January 21 , 2009
CLOSING COMMENTS

Dr. Taylor thanked everyone for attending and for his or her comments and
presentations. He stated that the Department would review the items presented at the
hearing as they relate to G.S. 74-51 of the Mining Act of 1971 . Dr. Taylor reiterated that
the proceedings would remain open for a period of ten days following the hearing, which
is September 1 , 2011 , for filing of any addition comments or statements.
The hearing adjourned at * PM.
Respectfully submitted by:
Dr. Kenneth Taylor
Hearing Officer
Attachments: Public Hearing Notice
Public Hearing Format
LQS Presentation
Written Comments by Mr. Silver, Ms. Smith, Mr. Shackleford, Mr. Neijna,
Mr. and Mrs. Cornett, Mr. Kinard, Mr. Kidd, and Mr. Pruitt
Sign In Sheets
Cassette Tape of Hearing

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

ATTACHMENT E