20240424_Davis-A

Elizabeth Ann Davis
4180 Davis Hardy Road
Kinston, N.C. 28504
[phone]
anndavis(a-dallas.net
April 24, 2024
Adam Parr,PE
Division of Energy, Mineral and Land Resources
N.C. Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]
Dear Mr. Parr:
We are submitting the comments below to express our concern regarding the application
submitted by James and Susan Rouse for approval of a mining permit for a sand mine off Davis
Hardy Road in Lenoir County, N.0 . For the reasons stated we believe the proposed site to be
entirely unfit for the proposed mine and believe that others in proximity to the proposed site
agree. We ask that you consider these comments and whether a public hearing should be held
to allow for further comment from neighbors.
The 3.45 acre proposed excavation area is less than approximately 350' from our house, and no
buffer is proposed though there are buffers proposed for some of the other excavation areas. I,
Ann Davis, suffer from a respiratory problem called fiber glass induced small airways disease,
which has affected my immune system and exposure to any air quality problems, particularly
involving particulate matter, will dangerously worsen my condition. The excavation and the truck
traffic associated with the mine would predictably cause air quality issues that will worsen my
respiratory problem, which we consider is a basis for denying the permit pursuant to NCGS 74-
51(d)(4). Also, because of the close proximity to our home, the noise from the excavation and
truck traffic will be overwhelming even inside our home.
Furthermore, the 3.45 acre proposed excavation area is less than 100' from the mobile home of
our brother John Davis III with no buffer being proposed. We have an interest in this property,
and the air issues and noise from having a mining operation literally in the backyard will make
this property practically uninhabitable.
Of great ecological importance is the fact that the larger 7.50 acre excavation area is only 100'
to 200' from adjacent wetlands. Excavating to a 25' depth as applicant proposes will predictably
cause drainage of those wetlands, thus violating surface water standards promulgated by
NCDEQ, which is a basis for denial of the permit pursuant to NCGS 74-51(d)(3). This impact in
itself should be enough to deny a permit for a mine in this location and we ask that you consult
with DEQ's Water Quality Division on this impact.
Much of the entire proposed mining area is in a flood plain and will be inundated in predictable
storms and the pits will be filled with water and will constitute a general nuisance. Furthermore,

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we have raised quarter horses and beef cattle in the past in the pastures on our property and
have plans to do so in the future. We water the livestock from an artisan well and blue line
streams. We are concerned about the impact from the pits being dug and dewatered and at
times being inundated will have on our pastures and on the quality of the water both above and
below ground.
The entire area of the proposed mine is rich with wildlife, most notably wild turkey and bear. The
presence of a mining operation will unquestionable disrupt their habitat and cause them to
leave.
We believe the above impacts provide adequate reason for the permit application to be
denied.The applicant already has a sand mine in the area that is not in a flood plain but was
never permitted. Rather than starting a new mine in an unsuitable area as proposed in this
application, the applicant should apply for a permit for the existing mine to be expanded. We'll
add that in addition to failing to get a permit for the existing mine, the applicant has filled a blue
line stream in the proposed mining area without a permit and has never restored it, and has in
other ways shown disregard for environmental requirements which show the applicant cannot
be relied on to operate a new mine in compliance with a permit if it is issued.
In closing we believe it would be beneficial to hold a public hearing regarding this application to
gather more information from neighbors, but regardless of whether there is a public hearing we
believe there are adequate reasons for denying the permit.
Sincerely ,
ElizabAnn Davis
cc. Toby Vinson
Director, Division of Energy, Mineral and Land Resources
Toby.vinson(a�deg.nc.gov
cc. Glenn Dunn
PoynerSpruill LLP
gdunn(Q)oynerspruill.com