20230108_Officer Hearing Report_92-12

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
MARTIN MARIETTA MATERIALS,INC.MINING PERMIT APPLICATION/
EXPANSION APPLICATION PUBLIC HEARING SUMMARY
Hearing Report
Hearing Officer: Tim LaBounty,PE
December 19, 2023

TABLE OF CONTENTS:
• Martin Marietta Materials,Inc.Mining Permit Application/Expansion application Public Hearing Summary
• List of Issues from the Oral and Written Comments Provided in Response to the Martin Marietta Materials,
Inc. Mining Permit Application/Expansion application Public Hearing
• Appendix
A. Public Hearing Notice
B. Public Hearing Format
C. LQS Presentation
D. LQS Presentation Slide Show
E. List of Registered Speakers
F. Affidavit of Public Notice

MARTIN MARIETTA MATERIALS,INC.MINING PERMIT APPLICATION/
EXPANSION APPLICATION PUBLIC HEARING SUMMARY
PURPOSE OF HEARING
To receive public comment related to Martin Marietta's request for a mining permit modification (expansion) for
the operations of a crushed rock mining operation located off SR 1118 (Tutor Stephens Road)in Wake County.
DATE, TIME, PLACE
The hearing was held on December 19th, 2023, from 6:00 PM to 7:30 PM at the Harnett County Resource Center
and Library at 455 McKinney Pkwy,Lillington NC.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Tim LaBounty,Hearing Officer,Fayetteville Regional Office Regional Engineer,Division of Energy,Mineral,and
Land Resources(DEMLR)
Bill Denton,Raleigh Regional Office Regional Engineer,DEMLR
Adam Parr, State Mining Engineer,DEMLR
Corey Clayton,Asst State Mining Engineer,DEMLR
Toby Vinson,Interim Director, DEMLR,
Josh Kastrinsky,Public Information Officer,DEMLR
OPENING
Tim LaBounty called the hearing to order at 6:01 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 providing
comments at the hearing. Tim stated that the proceedings would remain open for a period of ten days following the
hearing for additional comments.
Tim LaBounty then explained the action for which the mining permit application is required:
"The applicantproposes to operate a crushed rock mining operation located off SR 1118 in Harnett
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."
Adam Parr presented an overview on the mining permit procedures pursuant to the Mining Act of 1971 and
explained how it relates to the subject permit application.
Full text of the presentations made by Tim LaBounty and Adam Parr are attached as Public Hearing Format and
Land Quality Section Public Hearing Presentation.
14 people signed up to speak.
13 of the 14 people who signed up to speak did speak during the hearing. Three additional people who did not
register in advance spoke after the registered speakers. In total there were 16 speakers.
Page 1 of 4

ORAL COMMENTS
Speakers
(1) David Sears—Mr. Sears provided comments that addressed impacts to well water and water table
cleanliness as well as surface water impacts to Harris Lake. He provided comments that addressed air
quality and silica dust impacts. He also provided comments that addressed safety along the public road as
well as comments that addressed potential damage to structures from blasting.
(2) Yvonne Kasper— Ms. Kasper provided comments that addressed potential damage to her home
from blasting as well as concerns that blasting was causing sink holes in her yard. She provided comments
that addressed traffic on the public roads that will increase dust and exhaust. She had concerns about
impacts to her shallow well.
(3) Daniel Wagstaff— Mr. Wagstaff provided comments that addressed concerns about the noise of
blasting activities and how it impacts the animals on his farm as well as how blasting will impact his pond.
(4) Lew Weatherspoon — Mr. Weatherspoon provided comments as Commissioner of District 4 on
behalf of his constituents that addressed impacts to farm animals and concerns about dust and health issues.
(5) Lisa Weaver—Ms.Weaver provided comments that addressed potential damage to her home from
blasting as well as concerns that blasting was causing sink holes in her yard. She also commented that
noise from blasting will frighten animals and cause health issues for those neighbor with PTSD.
(6) Maverick Godoy—Mr. Godoy provided comments that addressed sink holes in their yard causing
safety issues potentially caused by blasting. The noise from the blasting is also distracting in school and
frightening their pets.
(7) Wendell Howerton—Mr. Howerton provided comments that addressed the permitting process and
was concerned that proper notice was not provided.
(8) Don Curry — Mr. Curry provided comments that addressed potential impacts to water quality,
wetlands and wells.
(9) Zach Howerton—Mr.Howerton provided comments that addressed the lease between the permittee
and the landowner. He also provided comments that addressed the impacts that blasting will have on air
quality and livestock as well as truck traffic on the public roads. He stated that approval of the permit
would go against the wishes of the Harnett County government.
(10) Alan Carroll — Mr. Alan Carroll provided comments that addressed impacts to groundwater and
potential dewatering of neighboring wells.
(11) David Carroll—Mr. David Carroll provided comments that addressed impacts to water supply and
impact to surface waters. He also provided comments that addressed property values and land use with
regard to current zoning.
(12) Derrick Williams—Mr. Williams provided comments that addressed impacts from pit water and
runoff to surface waters (Buckhorn Creek) as well as offsite sediment. He provided comments that
Page 2 of 4

addressed impacts to property values. He was concerned about blasting impacts to older structures (100
year old barn).
(13) Sergio Godoy—Mr. Godoy provided comments that addressed impacts blasting has to quality of
life and health impacts for someone suffering from PTSD.
(14) Alicia and Emory Dickens—Ms. Dickens provided comments that addressed impacts to quality of
life including deforestation and impact on wildlife. She also provided comments that addressed diesel
fumes,dust,and silica as potential health issues.
(15) Angeline Dissett— Ms. Dissett provided comments that addressed impacts to water supply. She
also provided comments that addressed property values, truck traffic and noise on the public road and the
stress blasting may have on livestock.
(16) David Crosby—Mr. Crosby,speaking on behalf of the applicant,provided comments that the mine
has been in operation for the past 30 years and that they have operated in accordance with their permit
requirements. He stated that the mine has historically interacted positively with the community.
(17) Wendy Marks(by phone after the hearing 12/29/23 2:43pm)—Ms.Marks provided comments that
addressed concerns of health issues caused by dust created at the mining operation. She also provided
comments that addressed traffic on the public road and disturbance to the tranquility of the area.
A recording of the above comments can be found at the following link:
htt2s:Hedocs.deg.nc.gov/EnergyMineralL ndResources/DocView.aspx?dbid=0&id=12269
.addI ■
WRITTEN COMMENTS
As a part of the official record of this public hearing, the following written comments are attached: (Written
comments link in appendix to Laserfiche. Also state that comments are located in the Raleigh Central Office for in
person review).
1. Email from Jack and Jewell Sears dated August 16,2023.
2. Email from David Sears dated October 2, 2023.
3. Email from Jack and Jewell Sears dated October 14,2023.
4. Email from Barron and Belvin Akins dated October 18,2023.
Page 3 of 4

5. Letter from Harnett County Board of Commissioners dated October 16,2023.
6. Letter from Alicia Dickens dated December 19,2023.
7. Email from Yvonne Kasper dated December 19,2023.
8. Email from David Sears dated December 20,2023.
9. Email from Yvonne Kasper dated December 21,2023.
10. Email from David Sears dated December 26,2023.
11. Email from Zach Howerton dated December 27, 2023.
12. Email from Barron Akins dated December 28,2023.
13. Email from Martin Stratte dated December 29,2023.
The written comments are located in the Raleigh Central Office or at the following link:
https:Hedocs.dea.nc.gov/Ener.PyM ineral LandResources/B rowse.aspx?dbid=0&startid=12301
ti
CLOSING COMNWNTS
Tim LaBounty thanked everyone for attending and for their comments and presentations.Tim LaBounty 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.Tim LaBounty reiterated that the proceedings will remain open for a period of ten days following the hearing,
which is December 29 h, 2023, for filing of any additional comments or statements.
The hearing adjourned at 7:07 PM.
Respectfully submitted by:
r
T�nty
Hearing Officer
Date: January 8,2024
Page 4 of 4

LIST OF ISSUES FROM THE ORAL AND WRITTEN COMMENTS PROVIDED IN
RESPONSE TO THE MARTIN MARIETTA MATERIALS,INC.MINING PERMIT
APPLICATION/EXPANSION APPLICATION PUBLIC HEARING
Comment Summary
Oral comments were given during the public hearing held on December 19,2023. Written comments were received
prior to the public hearing and through the comment period which closed on December 29, 2023. The comments
have been grouped into general topic areas and outlined below.
Groundwater/Well supplies Denial Criteria d(2))
Comments were provided that addressed the concern that dewatering at the mine would impact neighboring wells
and the potential to cause the wells to go dry. There were concerns that some of the shallow wells in the area will
see impacts from the quarry operations.
Impact to Wildlife and Fisheries (Denial Criteria d(2))
Comments were provided that addressed the impact the mine would have on wildlife and fisheries in the area.
Comments addressed wildlife, pets, and livestock that would be impacted from the noise of blasting and the
operation. Comments also addressed the impact offsite sediment would have on wildlife in nearby creeks and
streams.
Air Quality (Denial Criteria d(M
Comments were provided that addressed the health issues that can occur from silica dust. This dust could potentially
come from blasting, crushing and trucks hauling stone on the public road. There were comments that stated this
dust would impact the health of the public in the area with preexisting breathing conditions.
Sedimentation into nearby streams (Denial Criteria d(3))
Comments were provided that addressed the potential for sediment to leave the property and impact local streams
and creeks.
Blasting and impacts to neighboring_ structures (Denial Criteria d(4))
Comments were provided that addressed the affect blasting would have on neighboring houses, schools, and
churches. Comments addressed the age and historic significance of barns and other structures in the area and the
concern that blasting would cause damage to these structures. There were also comments provided that the blasting
would cause impacts on the children in neighboring schools by causing a disruptive learning environment and that
the blasting would cause adverse health effects to those suffering from PTSD.
Page 1 of 2

Sink holes created from old mine workings (Denial Criteria d(4))
Comments were provided that addressed the concern that depressions in neighboring yards were sinkholes caused
by the mining operation, or more specifically blasting from the operation. These sinkholes cause a safety issue as
anyone in the yard could trip and injure themselves.
Zoning ordinances
Comments were provided that addressed how the mining operation entrance along Fletcher Tudor Road directly
impacts the existing Harnett County Land Use Plan.
Truck Traffic
Comments were provided that stated truck traffic on the road leaving the operation would cause safety issues to
others using the road. Comments stated that the road was not designed for the increase in volume of traffic nor the
weight of the haul trucks.
Property Values
Comments were provided that addressed a decrease in property values because of the expansion of the operation.
Many neighbors commented that the operation will impact the bucolic environment they have come to appreciate
living in a rural area.
Page 2 of 2

Appendix A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MIFNERAL,AND LAND RESOURCES
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environmental
Quality concerning Martin Marietta Materials Inc.'s modification application for Mining Permit No. 92-12
for a crushed stone quarry mining operation located off SR 1118 Tutor Stephens Rd., near the town of
Fuquay-Varina, in southern Wake County, along the Harnett County border.
AUTHORITY:
NC General Statute (G.S.) §74-51 and NCAC Title 15, Chapter 5
Subchapter 513, Section .0011
PLACE, TIME,DATE:
Date and Time: Tuesday,Dec. 19,2023, 6 p.m.
Speakers will be able to sign up to speak at 5:30 p.m.
Where: Room 103B&C in the Harnett County Resource Center and
Library, 455 McKinney Pkwy, Lillington,NC 27546
PURPOSE:
To receive comments related to the modification application for a mining permit for a crushed stone quarry
mining operation located off SR 1118 Tutor Stephens Rd., near the town of Fuquay-Varina, in southern
Wake County, along the Harnett County border.
Comments shall be limited to those that relate directly to the seven(7)denial criteria listed under G.S. §74-
51 of The Mining Act of 1971 that the Department considers in making its decision to grant or deny a new
mining permit application or a modification to an existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies,wildlife, or fresh water, estuarine,or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality which have been promulgated by the Department;
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Appendix A
4. That the operation will constitute a direct and substantial physical hazard to public
health and safety or to a neighboring dwelling house, school, church, hospital,
commercial or industrial building,public road,or other public property,excluding
matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest, or recreation area;
6. That previous experience with similar operations indicates a substantial possibility
that the operation will result in substantial deposits of sediment in stream beds or
lakes, landslides,or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article,rules adopted under
this Article,or other laws or rules of this State for the protection of the environment
or has not corrected all violations that the applicant or any parent, subsidiary, or
other affiliate of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under G.S. §74-64, or
d. Any other court order issued under G.S. §74-64, or
e. Final assessment of a civil penalty under G.S. §74-64.
In the absence of any findings set out above or if adverse effects are mitigated by the applicant as determined
necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the following
manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Energy,Mineral, and Land Resources.
3. Description of the proposed mining operation as applied for by the applicant.
4. Public Comment — Comments, statements, data, and other information may be
submitted in writing prior to the hearing or may be presented orally at the hearing.
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Appendix A
Persons desiring to speak must follow the procedure outlined below. So that all
persons desiring to speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations must not exceed the time limit
established by the hearing officer. Any oral presentation that exceeds three (3)
minutes must be submitted as directed by the hearing officer.
5. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
6. The applicant may make a short presentation at the end of the hearing and may be
available for individual/group discussion after the hearing is adjourned.
7. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with the Raleigh Regional,
Raleigh Central Office,and online at our webpage, for the public's information and review prior to the date
of the public hearing. To submit comments or for additional information concerning this hearing contact
by writing or calling:
Adam Parr,PE
State Mining Engineer
Division of Energy,Mineral, and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Telephone: [phone]
Comments can be submitted via email to [e-mail] with the subject line
"Fuquay Quarry".
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Appendix B December 19,2023
PUBLIC HEARING FORMAT
I. Call to Order:
Good evening and welcome. My name is Tim LaBounty, and I am the
hearing officer for this public hearing. My responsibility is to provide a
record of this hearing and written comments for the Director of the
Division of Energy, Mineral, and Land Resources. I would like to
emphasize that absolutely no decisions will be made this evening on this
permit application.
Please refer to a copy of the Mining Act of 1971 for reference during the
hearing.
Introduce DEMLR staff.-
Toby Vinson, Interim Director
Adam Parr, State Mining Engineer
Corey Clayton, Assistant State Mining Engineer
Bill Denton, Regional Engineer, Raleigh Regional Office
II. State the Purpose for Hearing:
The purpose of this hearing is to receive public comment related to the
mining permit application for the operation of a Granite mining operation
located off SR 1118 (Tutor Stephens Road) near the town of Fuquay
Varina in Wake County.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by the
hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Energy, Mineral, and Land Resources,
Land Quality Section.
3. Presentation that provides a description of the proposed mining
operation.
4. Public Comment-Comments,statements,data,and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak have
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Appendix B December 19,2023
indicated their intent prior to this evening by registering on the
website. So that all persons desiring to speak may do so, lengthy
statements may be limited at the discretion of the hearing officer. Oral
presentations which exceed three(3)minutes must be accompanied by
a written copy.
5. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
III. Explanation of the Action for which a Mining Permit is Required:
The applicant proposes to operate a granite mining operation located off
SR/US 1118 in Wake 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. A copy of this
information may be viewed at the Mining Program website. Copies of the
application materials may also be viewed upon request after tonight at the
Land Quality Section's Raleigh Regional Office and the Raleigh Central
Office.
IV. LQS Presentation:
Now I would like to defer to Adam Parr, State Mining Engineer,with the
Division of Energy,Mineral, and Land Resources, for a brief explanation
of the mining permit procedures as set forth in the Mining Act of 1971 and
a brief description of the proposed sand mining operation. (see attached
"Land Quality Section Public Hearing Presentation')
V. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. §74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
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Appendix B December 19,2023
permit application. These criteria are the ones that were explained in detail
to you a few minutes ago by the Mining Program staff.
In light of the number of people who have indicated their desire to present
comments on this application, I will limit oral comments to *5 minutes
per person in order to give everyone desiring to speak adequate time. If
time allows at the end of the hearing,we will open the floor to those who
did not register and would like to provide a comment.
If over the course of the hearing you decide that you do not need to speak
or feel that a speaker has already raised your concerns, you can opt to
abstain from speaking but submit your written comments to the Division
for consideration. The Division does consider the written comments with
the same gravity as any of the comments raised orally tonight.
You will be called to speak in the order in which you registered. Please
state your name and your affiliation such as local resident or local
government official.
The mining applicant will provide the final comments of the night if they
so choose. Now, I will proceed calling on those who have indicated that
they wish to speak.
(Call on each person who wishes to speak and take notes on their comments, concerns, etc)
LQS staff will address questions concerning the Act.
After all the individuals that have indicated that they wish to speak have finished their presentations,
ask if anyone else wishes to speak.
Now, we will open the floor up to any last minute comments the public
would like to make.
After all comments are done
Is there anyone else?
At this time,would the applicant wish to make some brief comments?
We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
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Appendix B December 19, 2023
will review the items presented tonight as they relate to G.S. §74-51 of the
Mining Act of 1971.
The proceedings of this public hearing will remain open for a period of 10
days from tonight or until Friday, December 29th, for the filing of
additional written comments to be included in the official hearing
summary.
The proceedings from the hearing will be summarized in a hearing
officer's report I will prepare for the Director of the Division of Energy,
Mineral, and Land Resources.
Please send any written comments to the following address:
Tim LaBounty, Regional Engineer
Fayetteville Regional Office, DEQ
225 Green Street, Suite 714,
Fayetteville,NC 28301-5095
[e-mail]
[e-mail]
Please note that even though the public hearing summary will close on
Friday, December 29th, the Department will continue to accept written
public comments on this application throughout the application review
process until a decision is made.
Are there any final questions regarding the comment procedure? If not,
this public hearing is now adjourned.
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Appendix C December 19,2023
MINING PROGRAM PUBLIC HEARING PRESENTATION
As Tim said, my name is Adam Parr. My title is State Mining Engineer
with the Department of Environmental Quality, Division of Energy,
Mineral and Land Resources,Mining Program.
My job, and that of the other members of the staff, is to review all
applications for a mining permit as they relate to The Mining Act of 1971.
The Mining Act can be found on the Mining Program web page. Copies
of the Act area also available as handouts tonight.
I would like to take a moment and briefly review a few specific areas of
the Act. If you would refer to G.S. §74-47, Findings, on the first page of
the Mining Act:
"The General Assembly finds that the extraction of minerals by mining is a basic and
essential activity making an important contribution to the economic well-being of North
Carolina and the Nation. Furthermore, it is not practical to extract minerals required by
our society without disturbing the surface of the earth and producing waste materials, and
the very character of certain surface mining operations precludes complete restoration of
the land to its original condition. However, it is possible to conduct mining in such a way
as to minimize its effects on the surrounding environment. Furthermore, proper
reclamation of mined land is necessary to prevent undesirable land and water conditions
that would be detrimental to the general welfare, health,safety, beauty, and property rights
of the citizens of the State. The General Assembly finds that the conduct of mining and
reclamation of mined lands as provided by this Article will allow the mining of valuable
minerals and will provide for the protection of the State's environment and for the
subsequent beneficial use of the mined and reclaimed land."
On page 4 of the Mining Act, under G.S. §74-51, Permits - Application,
granting, conditions,the Act states,under subsection(b)that:
"The Department shall grant or deny the permit requested as expeditiously as possible,
but in no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department,
or if a public hearing is held, within 30 days following the hearing and the filing of any
relevant and material supplemental information reasonably required by the Department.
On page 4 of the Act,under subsection(c),the Act goes on to state:
Pagel of 5 Rev. 2021

Appendix C December 19,2023
"The public hearing shall be held within 60 days of the end of the 30-day period within any
requests for the public hearing shall be made."
The most important information that I can present to you tonight is found
under subsection(d)beginning at the bottom of page 4 of the Act. It states:
"The Department may deny the permit[or in the case tonight a modification to the existing
permit]upon finding[now I will read the denial criteria listed on page 5]:
1. That any requirement of this Article or any rule promulgated hereunder will be violated by the
proposed operation; This means that the very nature of the activity proposed in the application
will immediately violate any of the basic requirements of the Act and corresponding
Administrative Rules.
2. That the operation will have unduly adverse effects on potable groundwater supplies, wildlife,
or fresh water, estuarine, or marine fisheries.
The application was routed to NC Wildlife Resources Commission(WRC)
and US Fish and Wildlife Service (USFWS) on September 27, 2023, for
their review and comment. WRC and USFWS had no comments to
provide on this application. The Division of Water Recourses
Groundwater Management Branch provided comments on October 10,
2023,that stated that the operation does not appear to have unduly adverse
effect on groundwater supplies. The operation has previously registered
their water withdrawals with DWR as facility ID#0219-0039.
3. That the operation will violate standards of air quality, surface water quality, or ground water
quality that have been promulgated by the Department:
The application was routed to the Division of Air Quality (DAQ) and
DWR for review and comment. Comments were received from these
agencies on December 4, 2023, and October 12, 2023, respectively and
noted the following: DAQ noted that the operation already has an existing
air permit (Facility ID No. 9200726, Permit, No. 09124/R05) and may
modify this permit to install new or relocate processing equipment per
Rule A.9.d. DWR provided comments on October 12,2023,regarding the
clarification of existing 401 permitting and the need to provide a buffer
determination where necessary. Also, DWR noted that there may be
potential stream features that were not included on the mine maps that
Page 2 of 5 Rev. 2021

Appendix C December 19,2023
were included with the modification application. Additional information
has been requested of the applicant to address the comments from DWR.
4. That the operation will constitute a direct and substantial physical hazard to public health and
safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial
building,public road, or other public property, excluding matters relating to the use of a public
road;
The application contained information regarding active and final slopes at
the site. Information provided in the application stated that blasting shot
patterns are designed to minimize air and ground vibrations and optimize
rock breakage.Mining permits contain specific blasting conditions for any
sites where blasting is to occur.
5. That the operation will have a significantly adverse effect on the purposes of a publicly owned
park,forest, or recreation area;
The application contained information stating that there are no publicly
owned parks, forest,or recreation areas adjacent to the quarry. The North
Carolina Division of Parks and Recreation provided information on
October 3,2023,that there were no objections and no comments.
6. That the previous experience with similar operations indicates a substantial possibility that the
operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or
acid water pollution;
A detailed erosion and sedimentation control plan was submitted with the
application and was evaluated by both the Land Quality Section's Raleigh
Regional Office staff and the Raleigh Central Office staff. Additional
information was requested of the applicant to provide additional
maintenance and construction details for the proposed Erosion and
Sediment control measures as well as the construction entrance off
Fletcher Tutor Rd. Additional information was also requested for
clarification on buffer widths and the proposed use of the existing
permitted entrance.
OR
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Appendix C December 19,2023
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not
been in substantial compliance with this Article, rules adopted under this Article, or other laws
or rules of this State for the protection of the environment or has not corrected all violations that
the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have
committed under this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
c. Conviction of a misdemeanor under G.S. §74-64,
d. Any other court order issued under G.S. §74-64, or
e. Final assessment of a civil penalty under G.S. §74-64.
This pertains to the applicant's prior operating record with the Mining
Program and the Department of Environmental Quality as a whole.
The Act goes on to clearly state under G.S §74-51 subsection(e)that:
"In the absence of any findings set out in subsection (d) of this section, or if adverse effects
are mitigated by the applicant as determined necessary by the Department, a permit shall
be granted."
Please be advised that offsite truck traffic on public roads, noise, and
potential negative impacts on property values are not within the
jurisdiction of The Mining Act of 1971. These items are more properly
addressed through local zoning ordinances. I also would like to draw your
attention to G.S. §74-65, Effect of local zoning regulations, on page 9 of
the Act. In general,it states that the issuance of a state mining permit,and
any transfer or modification to it, does not supersede any duly adopted
local zoning ordinance. Furthermore, it is the responsibility of the local
authority,not the Department, to enforce any such ordinance that may be
in effect covering the project area.
The decision on the issuance of a mining permit will not be made tonight.
The authority to issue or deny this modification to the permit lies with the
Director of the Division of Energy, Mineral and Land Resources, Interim
Director Mr. Toby Vinson.
Any permit issued shall be expressly conditioned upon compliance with
all requirements of the approved reclamation plan for the operation and
with such further reasonable and appropriate requirements and safeguards
Page 4 of 5 Rev. 2021

Appendix C December 19,2023
as may be deemed necessary by the Department to assure that the
operation will comply fully with the requirements and objectives of the
Mining Act.
If the Department denies this application for a modification of the permit,
it shall notify the operator in writing, stating the reasons for its denial and
any modifications in the application which would make it acceptable. The
operator may thereupon modify their application or file an appeal to the
Office of Administrative Hearings. In the event that the application for a
modified mining permit is approved, any affected person may contest the
decision of the Department by filing a petition for a contested case under
G.S. 150B-23 within 30 days after the Department makes the decision.
The date of the decision shall be when the Department posts the decision
on a publicly available website.
The hearing record will remain open for a period of up to 10 days from
tonight or Friday, December 29th. This gives those individuals that were
unable to attend an opportunity to comment. You may also use this time
if you think of something else that you would like to add to your comments
made here tonight. This provides you that opportunity.
Now that a public hearing has been held on this application, the
Department has a 30-day review clock. The 30-day period starts after this
hearing tonight. Should the Department request additional information
from the applicant, the 30-day clock would start over upon the
Department's receipt of all of the requested information. Such a process
would continue until all of the Department's questions have been
answered and a decision is made on the application.
I will now give a brief presentation to highlight some of the details of the
application for the proposed permit.
If there are no questions,I would like to turn the program back over to Tim
LaBounty.
Page 5 of 5 Rev. 2021

Appendix D
71
1.
II
Public Hearing for
Martin Marietta Materials — Fuquay Quarry
Tuesday,December 19th, 2023
Adam Parr,Division of Energy,Mineral, and Land Resources
NOUN
WM
4._
y. .1
A 7-k -,dmE
IF: P NORTH
CAROLINA
Department1Env�ironmental Quality

Appendix D
Site Information
The purpose of this hearing is to receive public comment related to the mining permit modification
application for the operation of a crushed stone mining operation located off SR 1118 (Tutor Stephens Road)
near the town of Fuquay Varina in Wake County.
• Applicant— Martin Marietta Materials
• Site Specific conditions — Modification to increase the permitted area from 237 to 531 acres and to decrease the disturbed area
from 210.6 to 179 acres and proposed entrance relocation
• Area— Current: 237 acres (210.6 disturbed) Proposed: 531 acres (179 disturbed)
• Mining Method — Front-end Loader/ Excavator & Trucks
• Dewatering proposed (2.54M gal/day estimate)
• Reclamation — Land will be reseeded and vegetated. The pit will fill with groundwater to be potentially used for water storage,
recreation, or as a wildlife sanctuary.
Additional Information has been Requested from the Applicant to Clarify (November 16th, 2023):
• Add details to mine map (buffers, haul roads, etc.)
• Provide construction and/or maintenance details for all Erosion and Sediment Control measures, permanent sediment basins,
and for the construction entrance off Tutor Stephens Road.
• Clarify how access to the Kring property will be maintained and how inadvertent
access to your operations will be limited.
e:.ea D7.EE Q �
NORTH CAROLINA
Department of Environmental Duality

Appendix D
Current Conditions
f/"/wry
Approximate Current
Permitted Boundary
'
-77
DI
CAROLINA :.� Q
Department of Environmental Duality

Appendix D
Generalized Agency Comments
• LQS RO — Provide construction and/or maintenance details for all Erosion and
Sediment Control measures, permanent sediment basins, and for the construction
entrance off Tutor Stephens Road.
• DWR — Need clarity on four features that appear on soil maps and do not appear
on the mine map
• DWR Groundwater — Does not appear to have an unduly adverse effect on
groundwater
• NC WRC — No comments provided
• Soil & Water Conservation — No impact to a State of NC conservation easement
• Archives and History — No comment
• Division of Parks and Recreation — No comment
• NCGS — Quarry is not in a flood hazard zone
• USFW — No comments provided D7, ME
NORTH CAROLINA
Department of Environmental Duality

Appendix
Questions?
K F4"
Adam Parr
� State Mining Engineer
. _ Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality ' x;
wk r � r Office: [phone]
Cell: (919)441-7 —
'- Fax: [phone]
Email: adarr [e-mail]
-,, Physical Address: 512 N Salisbury Street
Mailing Address: 1612'Mail Service Center
' Raleigh, North Carolina 27699-1612 a
Mining Program Website: r
https://deq.nc.gov/mining-program
D�i E
NORTH
Q
..

'rl o
Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
N me Email Address Mailing Address Do you wish to Do you want a copy
Co,4 i s,ti Q z-TSz f speak? of the hearing
e oul�rz �� �{���,.ri•�� L�9� Pd 6e 73� �f summary?
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Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?
f Y c�n�l.���r77i►�- (,v�e�h/cf^ h� y�/��� � � �tS 1`�S
8rDb/1yhh Yah-h ,mole h n—yorde sl�lnlexw Nd I es .
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�� J �or��f ��r0r'`" / R/it4rr�a •Go n /24/�,�h /�G 2 7G 07 Al ��5
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-�y�er jec��S �"y .►��M� IPA Al� l�v
Ce im
f'K h T o w4 b � Q �IGYYIG �SSH4� iv�►�R�. /V D /� U

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?
A7 4'r
A' &t t,Je� lor- 4&&-. ,Nc 'z?S'r
ZQtr las,,e- o - ' d /" o �1
Q�•M�/• 1P.0 So�
li a� N
G t E� , tnor a.►uukcn�i eta as, lto"^•�is1 c t't� 2 U .�
ye
Alm CQ r ro �,
o f/

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
All/ summary'?
a r p s o a r J�e?, Q Aco c n a . r.

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?
M,n# (vv� M*,4k 0.
/V v y D

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?

Appendix E ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR FUQUAY QUARRY MINING PERMIT, DECEMBER 19, 2023
MARTIN MARIETTA MATERIALS
Name Email Address Mailing Address Do you wish to Do you want a copy
speak? of the hearing
summary?

12/5/23,4:16 PM Adportal Self Service Advertising Confirmation
Appendix F
THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement.You will
also receive an email confirmation.
ORDER DETAILS PREVIEW FOR AD NUMBER IPLO1508820
Order Number:
IPL01SO882
Parent Order#:
IPLO136325
Order Status:
Submitted
Classification:
Legals &Public Notices
Package:
RAL-Legal Ads
Final Cost:
$1,755.70
Payment Type:
Account Billed
User ID:
IPL0025644
ACCOUNT INFORMATION
NC DEPT. OF ENVIRONMENTAL QUALITY IP
4345 MAIL SERVICE CENTER
RALEIGH, NC 27699-4345
919-707-8758
[e-mail]
NC DEPT. OF ENVIRONMENTAL QUALITY
TRANSACTION REPORT
Date
December 5, 2023 4:15:05 PM EST
Amount:
$1,755.70
SCHEDULE FOR AD NUMBER IPLO1508820
December 7, 2023
The News&Observer(Raleigh) Print
https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=145820&returnto= 1/4

12/5/23,4:16 PM Adportal Self Service Advertising Confirmation
Appendix F
https:Hplacelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=145820&returnto= 2/4

12/5/23,4:16 PM Adportal Self Service Advertising Confirmation
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES Appendix F
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina
Department of Environmental Quality concerning Martin Marietta Materials Inc.'s
modification application for Mining Permit No.92-12 for a crushed stone quar-
ry mining operation located off SR 1118 Tutor Stephens Rd., near the town of
Fuquay-Varlma,in southern Wake County,along the Harnett County border.
AUTHORITY:NC General Statute(G.S.)§74-51 and NCAC Title 15,Chapter 5
Subchapter 51 Section.0011
PLACE,TIME,DATE:
Date and Time:Tuesday,Dec.19,2023,6 p.m.Speakers will be able to sign
up to speak at 5:30 p.m.
Where:Room 103B&C in the Harnett County Resource Center and Library,455
McKinney Pi Lillington,NC 27546
PURPOSE:To receive comments related to the modification application for a
mining permit for a crushed stone quarry mining operation located off SR 1118
Tutor Stephens Rd.,near the town of Fuquay-Varina,in southern Wake County,
along the Harnett County border.
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S.§74-51 of The Mining Act of 1971 that the Department
considers in making its decision to grant or deny a new mining permit applica-
tion or a modification to an existing mining permit.These criteria are as follows:
The Department may deny such permit upon finding:
1.That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2.That the operation will have unduly adverse effects on potable ground water
supplies,wildlife,or fresh water,estuarine,or marine fisheries;
3.That the operation will violate standards of air quality,surface water quality,or
ground water quality which have been promulgated by the Department;
4.That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,
hospital,commercial or industrial building,public road,or other public property,
excluding matters relating to use of a public road;
5.That the operation will have a significantly adverse effect on the purposes of a
publicly owned park,forest,or recreation area;
6.That previous experience with similar operations indicates a substantial pos-
sibi#ity that the operation will result in substantial deposits of sediment in stream
beds or lakes,landslides,or acid water pollution;or
7.That the applicant or any parent,subsidiary,of other affiliate of the applicant
or parent has not been in substantial compliance with this Article,rules adopted
under this Article,or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary,or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that result in:
a.Revocation of his permit,
b.Forfeiture of part or all of his bond or other security,
c.Conviction of a misdemeanor under G.S.§74-64,or
d.Any other court order issued under G.S.§74-64,or
e.Final assessment of a civil penalty under G.S.§74-64.
In the absence of any findings set out above or if adverse effects are mitigated
by the applicant as determined necessary by the Department,a permit shall be
granted.
COMMENT PROCEDURE:All persons interested in this matter are invited to
attend.The hearing will be conducted in the following manner:
1.Explanation of the action for which the permit is required by the hearing of-
ficer.
2.Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Energy,Mineral,and Land Resources.
3.Description of the proposed mining operation as applied for by the applicant.
4.Public Comment-Comments,statements,data,and other information may be
submitted in writing prior to the hearing or may be presented orally at the hear-
ing.Page 3 of 3 Persons desiring to speak must follow the procedure outlined
below.So that all persons desiring to speak may do so,lengthy statements may
be limited at the discretion of the hearing officer.Oral presentations must not ex-
ceed the time limit established by the hearing officer.Any oral presentation that
exceeds three(3)minutes must be submitted as directed by the hearing officer.
5.Cross examination of persons presenting testimony will not be allowed;how-
ever,the hearing officer may ask questions for clarification.
6.The applicant may make a short presentation at the end of the hearing and
may be available for individual/group discussion after the hearing is adjourned.
7.The proceedings will remain open for a period of ten (10)days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the reining permit application and corresponding maps are on file
with the Raleigh Regional, Raleigh Central Office,and online at our webpage,
for the public's information and review prior to the date of the public hearing.To
submit comments or for additional information concerning this hearing contact
by writing or calling:
Adam Parr,
PE State Mining Engineer
Division of Energy,Minera4,and Land Resources
Department of Environmental Quality
1612 Mall Service Center
https:Hplacelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=145820&returnto= 3/4

12/5/23,4:16 PM Adportal Self Service Advertising Confirmation
Raleigh,North Carolina 27699-1612
Telephone:[phone] Comments can be submitted via email to ncmining- Appendix F
program@ ncdenr.gov with the subject line"Fuquay Quarry".
IPLO150882
Dec 7 2023
<< Click here to print a printer friendly version >>
https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=145820&returnto= 4/4

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES
PUBLIC NOTICE Appendix F
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environmental Quality concerning Martin Marietta Materials Ines modification application for Mining
Permit No.92-12 for a crushed stone quarry mining operation located off SR 1118 Tutor Stephens
Rd.,near the town of Fuquay-Varina,in southern Wake County,along the Harnett County border.
AUTHORITY:
NC General Statute(G.S.)§74-51 and NCAC Title 15,Chapter 5
Subchapter 56,Section.0011
PLACE.TIME,DATE:
Date and Time:Tuesday,Dec.19,2023,6 p.m.
Speakers will be able to sign up to speak at 5:30 p.m.
Where:Room 103B&C in the Harnett County Resource Center and
Library,455 McKinney Pkwy,Lillington,NC 27546
PURPOSE:
To receive comments related to the modification application for a mining permit for a crushed stone
quarry mining operation located off SR 1118 Tutor Stephens Rd.,near the town of Fuquay-Varina,in
southern Wake County,along the Harnett County border.
Comments shall be limited to those that relate directly to the seven(7)denial criteria listed under G.S.
§74-51 of The Mining Act of 1971 that the Department considers in making its decision to grant or
deny a new mining permit application or a modification to an existing mining permit.These criteria are
as follows:
The Department may deny such permit upon finding:
1.That any requirement of this Article or any rule promulgated hereunder will be violated by the
proposed operation;
2.That the operation will have unduly adverse effects on potable ground water supplies,wildlife,or
fresh water,estuarine,or marine fisheries;
3.That the operation will violate standards of air quality,surface water quality,or ground water quality
which have been promulgated by the Department;
4.That the operation will constitute a direct and substantial physical hazard to public health and
safety or to a neighboring dwelling house,school,church,hospital,commercial or industrial
building,public road,or other public property,excluding matters relating to use of a public road;
5.That the operation will have a significantly adverse effect on the purposes of a publicly owned
park,forest,or recreation area;
6.That previous experience with similar operations indicates a substantial possibility that the
operation will result in substantial deposits of sediment in stream beds or lakes,landslides,or
acid water pollution;or
7.That the applicant or any parent,subsidiary,or other affiliate of the applicant or parent has not
been in substantial compliance with this Article,rules adopted under this Article,or other laws or
rules of this State for the protection of the environment or has not corrected all violations that the
applicant or any parent,subsidiary,or other affiliate of the applicant or parent may have committed
under this Article or rules adopted under this Article and that result in:
a.Revocation of his permit,
b.Forfeiture of part or all of his bond or other security,
c.Conviction of a misdemeanor under G.S.§74-64,or
d.Any other court order issued under G.S.§74-64,or
e.Final assessment of a civil penalty under G.S.§74-64.
In the absence of any findings set out above or if adverse effects are mitigated by the applicant as
determined necessary by the Department,a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend.The hearing will be conducted in the
following manner:
1.Explanation of the action for which the permit is required by the hearing officer.
2.Explanation of the permit procedures as set forth in The Mining Act of 1971 by the Division of
Energy, Mineral,and Land Resources.
3.Description of the proposed mining operation as applied for by the applicant.
4.Public Comment—Comments,statements,data,and other information may be submitted in
writing prior to the hearing or may be presented orally at the hearing.
Persons desiring to speak must follow the procedure outlined below.So that all persons desiring
to speak may do so,lengthy statements may be limited at the discretion of the hearing officer.
Oral presentations must not exceed the time limit established by the hearing officer.Any oral
presentation that exceeds three(3)minutes must be submitted as directed by the hearing officer.
5.Cross examination of persons presenting testimony will not be allowed;however,the hearing
officer may ask questions for clarification.
6.The applicant may make a short presentation at the end of the hearing and may be available for
individual/group discussion after the hearing is adjourned.
7.The proceedings will remain open for a period of ten(10)days following the hearing for additional
written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with the Raleigh
Regional,Raleigh Central Office,and online at our webpage,for the public's information and review
prior to the date of the public hearing.To submit comments or for additional information concerning
this hearing contact by writing or calling:
Adam Parr,PE
State Mining Engineer
Division of Energy, Mineral,and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Telephone:[phone]
Comments can be submitted via email to [e-mail] with the subject line
"Fuquay Quarry".
12/8/2023