20231227_Howerton-Z

In Reference to Mining Permit 92-12 Fuquay Quarry
My name is Zach Howerton. My family and I own a 6th generation farm that has been in our
family for more than 100 years. Our farm (Duncan Hill LLC) is located just to the south of this new mine
on the Wake and Harnett County line. Our farm touches the applicant's property. Our farm is split in two
by Fletcher Tutor Road which is currently a dead-end quiet country road. This is how the new mine will
cause harm to our farm and why the permit should be denied.
First, the application was submitted as a mining modification permit.This is incorrect.The
landowner the applicant currently leases the existing mine from has informed them that they do not
intend to renew the lease. If this permit is denied the current mine will close and there will be no mine;
therefore,this is not an expansion of the current mine as the applicant would like you to believe.The
applicant is rushing to open this new mine before their lease expires so they do not have to apply for this
as a new mining permit.A new mining permit would require updated studies rather than ones
completed over 30 years ago. I do not believe the Wake County Board of Adjustment was aware of this
and may have voted differently with this information.Also, many of the residents from Fletcher Tutor
Road were not made aware of this Wake County meeting. I believe their due process rights were
violated.
The mining act states that mining is an essential activity for our society. I believe this to be true;
however,this community has paid their fair share for the betterment of society for the past 40 years. I do
not think we should be made to carry this burden for another 100 years, which this permit would do.
I will now list the problems this mine will cause for our farm that fall under the denial criteria
in 74-51(d)(2)of the mining act and why it should be denied.
Our livestock. We raise beef cattle and racehorses on our farm. We will not be able to raise
animals when the dust from this mine is going to cause them to get Silicosis.Also, both animals are
sensitive to noise/blasting, especially racehorses. These loud noises from the blasts and processing will
cause them extreme anxiety and increase cortisol levels affecting how the horses are able to perform.
The blasts can also cause a pregnant mare to abort.
Also,the dust from this mine will land in our pond and poison our fish.The mine will also pull
ground water out of and away from our pond that these fish live in.
I will now list the problems this mine will cause our farm that fall under the denial criteria in
74-51(d)(4)of the mining act and why it should be denied.
We move our livestock frequently across Fletcher Tutor Road to change pastures for them to
feed.There is a high likelihood that with on average 200 trucks exiting the mine a day there will be an
accident with our livestock and truck killing the livestock and seriously harming the truck driver.
We also have our barns and stables just a few feet from the road. We must access these barns
from the road with our tractor to load and unload the hay we feed our livestock. With 200 trucks a day
there is a high likelihood that a truck will collide with our tractor trying to load or unload the hay bales
killing the farmer and injuring the truck driver.
Speaking of our barns and stables, I am concerned that the blasts from this new mine will cause
damage to them. Our livestock spend a lot of time in these barns and could be harmed if a blast causes
damage to the barn. Not to mention the cost to repair or replace the barn.
Page 1 of 3

In Reference to Mining Permit 92-12 Fuquay Quarry
Based on the above criteria I believe this permit should be denied because it would cause
extreme physical danger to the operation of our farm, which is covered as a reason to deny a permit
based on the mining act.
The approval of this permit would go directly against a North Carolina County government. The
Harnett County Board of Commissioners stated in a letter that was sent to NC DEQ dated 10/16/23 that
the Harnett County Government was not in favor of approving this mining permit.This mine will render
Harnett County's Land Use Plan moot.
I would also like to question several aspects of this permit that I believe are not sufficient and I
believe the applicant needs to provide more information.
1.The applicant states that the mine will be in use for 100 years.The average life of a mine is 50 years.
How was this calculated? If the mine is going to be in use that long, I believe DEMLR needs to take a very
close and detailed look at this mine's impacts before they approve it.
2. 1 do not see hydrogeological report in the application materials.The quarry needs to provide an
assessment of dewatering impacts on groundwater volumes and flow, surface water recharge rates, and
the estimated "zone of influence."the permit needs to address the plan for addressing any well impacts
caused by the quarry.
The quarry also should conduct a well survey for at least a 1-mile distance from the total project
boundary.
3. Blasting (audible noise, ground vibration,fly rock) -there is no blasting assessment included with the
application, but there needs to be one to establish a blasting plan, operating times,fly rock control
protocols, dust and debris control protocols, public safety measures, etc. Modeling the impact of ground
vibrations on neighboring properties, including any structures, also should be included.
4.Acoustics (audible noise impacts) -there also isn't any acoustical report. Wake County does have a SS-
decibel limit for residential areas, and quarry noise can far exceed this level. Before anyone can
determine whether the quarry would warrant denial under 74-51(d)(4) due to noise impacts, an actual
acoustical study must be conducted, and the quarry should not be allowed to include its existing quarry
noise within "background" noise levels. Also, impulsive noises (like blasts) should not be averaged (e.g.,
over an hour).
5.A new mine application requires current studies by other government agencies/third parties instead
of using studies completed over 30 years ago with the current mine permit.
I am also having trouble finding the 401/404 permits,the Stormwater/Wastewater Discharge permits
and the Air Quality Permits.
I am requesting that DEMLR respond to each of these concerns I am writing to you about and give a
reason for each why they are either valid or invalid concerns.
Please see attached letters from the Harnett County Board of Commissioners written to the Army Corp of
Engineers and NCDEQ stating their opposition to the granting of this mining permit.
I imagine the pressure you and this board must feel having to decide on these matters is
immense and at times difficult to do. I am very appreciative for the work DEMLR puts into ensuring the
Page 2 of 3

In Reference to Mining Permit 92-12 Fuquay Quarry
best for North Carolina citizens. I am only hoping the concerns I laid out in these comments will be taken
seriously. This farm means a lot to me. Below is a picture of why I am fighting so hard to preserve it.
Below is a picture of my daughter and I a few weeks ago at our farm.
My contact information is [e-mail] -919-552-2226
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Page 3 of 3

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Harnett County Board of Commissioners
Matthew B.Nicol,Chairman
William Morris,Vice-Chairman
Barbara McKoy
W. Brooks Matthews
Lewis W.Weatherspoon
Melissa Capps,Clerk to the Board
October 16, 2023
VIA U.S. MAIL&ELECTRONIC MAIL
Mr.Adam Parr,PE
State Mining Engineer
Division of Energy,Mineral and Land Resources
1612 Mail Service Cetner
Raleigh,North Carolina 27699-1612
[e-mail]
Subject: Opposition to Mining Permit Modification Application for Martin Marietta Materials,
Inc. Fuquay Quarry
Dear Mr. Parr,
We, sitting as the Harnett County Board of Commissioners(the"Board"), are writing to
express our strong opposition to the mining permit modification application submitted by
Martin Marietta Materials, Inc. for the proposed mining operation expansion of the Fuquay
Quarry (attached hereto). The Board is deeply concerned about the potential adverse impact
this project would have on the health and safety of our citizens in the Fletcher Tutor Road
community,particularly due to the significant increase in heavy equipment traffic on the road
designated for ingress and egress and the increased noise pollution due to loss of natural buffers
between the Fletcher Tutor Road Community and the current Fuquay Quarry. Additionally, the
Board is alarmed by the threat this project poses to the preservation of our land use plan, which
currently calls for low density residential use along the road in question.
The primary concern regarding the heavy equipment traffic stems from the potential hazards it
poses to the residents, pedestrians, drivers, and property along Fletcher Tutor Road. The
Fletcher Tutor Road Community is an active residential community and the increase in heavy
equipment traffic on Fletcher Tutor Road caused by the placement of the entrance to the
expanded quarry creates safety hazards to the residents' use and enjoyment of their community
and property through increased traffic, increased noise,and decreased air quality caused by the
trucks. The increased presence of large trucks and machinery on the road can lead to higher
risks of accidents,property damage, and air pollution and creates a nuisance that infringes upon
the property owners' right of quiet enjoyment. Granting this permit would fundamentally alter
the nature of this area due to the health and safety hazards that it would create for the residents
along Fletcher Tutor Road.
strong roots new growth
PO Box 759 1455 McKinney Parkway I Lillington, 27546 • iwww.Ilartiett.org/boc

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Page 2
The amplified noise levels resulting from the decrease in natural buffering due to the expansion
of the quarry's operations and the constant flow of heavy vehicles pose a severe threat to the
peace and well-being of the residents along Fletcher Tutor Road. Excessive noise pollution has
been linked to various health issues, including stress, anxiety, hearing impairment,and sleep
disturbances. This community, which prides itself on its serene atmosphere and tranquil living
environment, should not be subjected to such disruptive and harmful noise pollution.
Moreover,the proposed mining operation entrance along Fletcher Tudor Road directly impacts
the existing Harnett County Land Use Plan, which identifies Fletcher Tutor Road for low
density residential and rural residential use. The development of the Land Use Plan takes into
account density of the land and the impact that density has on surrounding property and
infrastructure. This plan was carefully formulated and adopted to ensure the development of
Harnett County in a responsible and balanced manner. Allowing the mining operation to
proceed would undermine years of thoughtful planning and jeopardize the continued
development of the land along Fletcher Tutor Road in accordance with the Harnett County
Land Use Plan.
The Board urges you to reject the mining permit application as submitted by Martin Marietta
Materials, Inc. due to the direct and substantial hazards that this proposed plan creates for the
neighboring homes by having heavy equipment drive through the Fletcher Tutor Road
residential community. Thank you for your attention and consideration of this critical matter.
Sincerely,
77 10/23/2023
Matt ew B. Nicol, Chairman
?AkLv�' " Vv
William Bill Morris, Vice Chairman
Barbara McKoy�- -
r S 10/23/2023
W. Brooks Matthews
wis W. atherspoon
HAR _TT COUNTY BOARD OF COMMISSIONERS
strong roots-new growth

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Harnett County Board of Commissioners
Matthew B. Nicol, Chairman
William Morris,Vice-Chairman
Barbara McKoy
W. Brooks Matthews
Lewis W.Weatherspoon
Melissa Capps,Clerk to the Board
October 16, 2023
VIA U.S. MAIL& ELECTRONIC MAIL
Mr. George Lyle Phillips III
Raleigh Regulatory Field Office
The Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest,North Carolina 27587
[e-mail]
Subject: Opposition to Authorization to Discharge Dredged or Fill Material into Potential
Waters of the United States
Dear Mr. Phillips,
We, sitting as the Harnett County Board of Commissioners(the`Board"), are writing to
express our concern and strong opposition to the request for authorization to discharge dredged
or fill material into potential waters of the United States sought by Martin Marietta Materials,
Inc. for the proposed mining operation expansion of the Fuquay Quarry(attached hereto). The
Board is deeply concerned about any potential adverse impact this project could have on the
health and safety of our citizens in the Fletcher Tutor Road community,particularly due to the
significant increase in heavy equipment traffic on the road designated for ingress and egress
and the increased noise pollution due to loss of natural buffers between the Fletcher Tutor
Road Community and the current Fuquay Quarry, and any potential threats this project poses to
the County's wetlands located on the impacted adjacent properties.
While unknown to the Board,we are concerned about the possible effects of mining on
wetlands and streams in this area and whether there may be far-reaching consequences,
impacting Fletcher Tutor Road Community, agriculture, and the County's natural resources.
We implore you to consider alternative approaches that prioritize the preservation of the
Fletcher Tutor Community and the natural resources and wetland ecosystems contained on
those properties.
The Board urges you to deny authorization to discharge dredged or fill material as requested by
Martin Marietta Materials, Inc. due to the potential for hazards that this proposed plan creates
for the neighboring homes and property by opening a new quarry pit and having heavy
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Page 2
equipment drive through the Fletcher Tutor Road residential community. Thank you for your
attention and consideration of this critical matter.
Sincerely,
I W.
10/23/2023
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Ma ew B.Nicol, Chairman
I I&L61 N I m"�
William Bill Morris, Vice Chairman
Barbara McKoy
10/23/2023
M.JILa.ws
W. Brooks Matthews
L is W. Weathe[sp on
HARNETT COUNTY BOARD OF COMMISSIONERS
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