00-26_3_Redacted

NORTH CAROLINA
Department of Environmental Quality

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L State of North Carolina
Department of Environment,
Health and Natural Resources A74**
Division of land Resources
James B. Hunt, Jr., Governor � C
C
Jonathan B. Howes, Secretary r1
Charles H. Gardner, A.G., P.E.
Director and State Geologist
February 17, 1997
Mr. W.M. McCrary
Yancey Stone, Inc.
1 Williams Road
Fletcher, North Carolina 28732
RE: Modification Request. for Low Gap Quarry
Permit No. 100-26
Yancey County
French Broad River Basin,
Dear Mr. McCrary:
Your recent request to have the above referenced mining permit
modified has been approved with stipulations . The modification is to
eliminate the lower two benches of the west wall of the quarry. This
approval is contingent upon your company filing a major modification
request to expand the pit to the west by April 1I11 , 1997.
Please attach this approval letter to your existing mining permit
for future reference. The expiration date, mine name and permit number
on the permit document shall remain the same as before this modification.
_The__issuance_of ..a.. mining..permit-an]/nr an'' mar3 i f i r_at i nri tp yt dr._os
not supersede local zoning regulations. The responsibility of compliance
with any applicable zoning regulations lies with you.
As a reminder, your permitted acreage at this site is 98 . 38 acres
and the amount of land you are approved to disturb is 20 . 49 acres.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX:[phone] FAX:[phone] FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W%recycled/ 10%post-consumer paper

Mr. McCrary
February 17 , 1997
Page 2
Please advise this office at (919 ) 733-4574 should you have any
questions concerning this matter.
sincerely,
Charles H. Gardner, P.G. , P.E.
-CHG/tls
c.c: Mr. Richard A. Phillips, P.E. ,
Ms . Barbara Rote-WRC '
Mr. Bradley Bennett-DWQ

State of North Carolina
Department of Environment,
Health and Natural Resources 4 •
Division of Land Resources
James B Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
February 15 , 1995
Mr. W.M. McCrary
Yancey Stone, Inc.
Route 6 , Box 739
Burnsville, N.C. 28714
RE: Permit No. 100-26
Low Gap Quarry
Yancey County
Dear Mr. McCrary:
Your recent request to have the above referenced mining
permit modified has been approved. The modification is to add an
additional 60 . 38 acres of adjoining land and to increase the
affected acreage to 20 . 49 acres as indicated on the Mining Plan,
Sheets 1 through 22 dated November 1994 and Sheets 7 and 18
revised January 18 , 1995. A copy of the modified permit is
enclosed.
The conditions in the modified permit were based Primarily
upon the initial application. Modifications were made as
indicated by the modification request and as required to insure
compliance with The Mining Act of 1971 . The expiration date ,
mine name and permit number shall remain the same as before the
modification.
The issuance of a mining permit and/or any modification to
it does not supersede local zoning regulations . The
resnonsibility of comnliance with anv annl .icabl.e 7nninef
regulations lies with you.
As a reminder, your permitted acreage at this site is 98 . 38
acres and the amount of land you are approved to disturb is 20 . 49
acres.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAX: [phone] FAX:[phone]
R.O. Box 27687,Raleigh,Borth Carolina 27611-7687 Telephone [phone] FAX [phone]
Q_, An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Mr. McCrary
February 15 , 1995
Page 2
Please review the modified permit and advise this office at
(919) 733-4574 should you have any questions concerning this
matter.
Sincerely,
Tracy E. Davis, P.E.
State Mining Specialist
Land Quality Section
TFn,t1s
Enclosure
cc: Mr. Richard Phillips,, P.E.

D E PARTMENT O F ENV=RONMEW-_V
HEALTH AND NATURAL
RE SOURC E S
D 2V= S=ON O F LAND RESOURCE S
LAND QUAL=TY S ECT 2 ON
P E R M = T'
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through
68, "The Mining Act ,of 1971 , " Mining Permit Rule 15A
NCAC 5 B, and other applicable laws, rules and
regulations
Permission is hereby granted to—
Yancey Stone, Inc.
Low Gap Quarry
Yancey County -- Permit No. 100-26
for the operation of a
Crushed Stone Quarry
which shall provide that the usefulness , productivity
and scenic values of all lands and waters affected by
this mining operation will receive the greatest
practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE. February 24 . 2002

Page 2 of 12
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health and
Natural Resources hereinafter referred to as the Department, and
in conformity with the approved Reclamation Plan attached to and
incorporated as part of this permit, provisions must be made for
the protection of the surrounding environment and for reclamation
of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the
requirements of the approved Reclamation Plan. However,
completed performance of the approved Reclamation Plan is a
separable obligation, secured by the bond or other security on
file with the Department, and may survive the expiration,
revocation or suspension of this permit.
This permit is not transferable by the permittee with the
following exception: If another operator succeeds. to the
interest of the permittee in the permitted mining operation, by
virtue of a sale, lease, assignment or otherwise, the Department
may release the permittee from the duties imposed upon him by the
conditions of his permit and by the Mining Act with reference to
the permitted operation, and transfer the permit to the successor
operator, provided that both operators have complied with the
requirements of the Mining Act and that the successor operator
agrees to assume the duties of the permittee with reference to
reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or
permittee's successor is not complying with the Reclamation Plan
or other terms and conditions of this permit, or is failing to
achieve the purposes and requirements of the Mining Act, the
Department may give the operator written notice of its intent to
modify, revoke or suspend the permit, or its intent to modify the
Reclamation Plan as incorporated in the permit. The operator
shall have right to a hearing at a designated time and place on
any proposed modification, revocation or suspension by the
Department. Alternatively and in addition to the above, the
Department may institute other enforcement procedures authorized
by law.
Definitions
Wherever used or referred to in this- permit, unless the context
clearly indicates otherwise, terms shall have the same meaning as
supplied by the Mining Act, N.C.G.S. 74-49 .
Modifications
May 14 , 1993 : This permit has been modified to be included under
the existing $25,000 . 00 blanket bond.
December 29, 1993 : This permit has been transferred in its
entirety from Yancey Sand and Gravel Company to Yancey Stone,
Inc.

Page 3 of 12
May 16 , 1994 : This permit has been modified to include the
addition and use of 8 acres of adjoining land across the Cane
River for overburden disposal , stockpiling and equipment storage.
In addition, the modification includes changes to the existing
processing area and various sediment and erosion control measures
as well as the construction of an access road to the McMahan
Cemetery. All modifications are to be made as indicated on
Sheets 2 and 4 of 5, last revised April 27 , 1994 and Sheet 5 of 5
dated March 1994 .
February 15 , 1995: This permit has been modified to add an
additional 60. 38 acres of adjoining land and to increase the
affected acreage to 20. 49 acres as indicated on the Mining Plan,
Sheets 1 through 22 dated November 1994 and Sheets 7 and 18
revised 'January 18 , 1995.
Expiration Date
This permit shall be effective from the date of its issuance
until February 24 , 2002 .
Conditions
This Permit shall be subject to the provisions of the Mining Act,
N.C.G.S. 74--46 , et. seq. , and to the following conditions and
limitations:
OPERAJING CONDITIONS:
1 . Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be
in accordance with the permitting requirements and
rules promulgated by the N.C. Environmental Management
Commission.
B. Any stormwater runoff from the affected areas at the
site shall be in accordance with any applicable permit
requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the
N.C. Environmental Management Commission. It shall be
the permittee's responsibility to contact the Water
Quality Section, Division of Environmental Management,
to secure any necessary stormwater permits or other
approval documents .
2 . Air Quality and Dust Control
A. Any mining related process producing air contaminant
emissions including fugitive dust shall be subject to
the requirements and rules promulgated by the N.C.
Environmental. Management Commission.

Page 4 of 12
B. During quarry operation, water trucks or other means
that may be necessary shall be utilized to prevent dust
from leaving the permitted area.
3 . Buffer Zones
A. Any mining activity affecting waters of the State,
waters of the U. S. , or wetlands shall be in accordance
with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management
Commission and the U.S. Army Corps of Engineers.
B. Sufficient buffer (a minimum of 100 feet undisturbed)
shall be maintained between any affected land and any
adjoining waterway to prevent sedimentation of that
waterway from erosion of the affected land and to
preserve the integrity of the natural watercourse.
C. The buffer zones indicated on the Erosion Control Plan,
Sheets 11 through 14 of 22 , dated November 1994 shall
be maintained to prevent caving of any adjoining
property. These, buffer zones shall remain undisturbed.
D. The buffer zone along the north side of the Cane River,
upstream of the bridge, shall include the entire
plateau (even the portion of the plateau that is more
than 100 feet from the river's edge) .
4 . Erosion and Sediment Control
A. Adequate mechanical barriers including, but not limited
to diversions, earthen dikes, silt check dams, silt
retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance
and maintained to prevent sediment from discharging
onto adjacent surface areas or into any lake or natural
watercourse in proximity to the affected land.
B. All erosion and sedimentation control measures shall be
installed and maintained as indicated on the Original
Mine Plan, Sheet 1 of 5, dated March 1994, the New
Mining Plan, Sheets 2 and 3 of 5 , last revised April
27 , 1994 and dated March 1994 , respectively, and the
Reclamation Plan, Sheets 4 and 5 of 5, revised April
27 , 1994 and dated March 1994, respectively, with the
exception that all level spreaders shall be installed
within the permitted boundaries.
r_ Thin Yuri tnin arrncc f Ani=i t?i winr chA l l h 'I fnnf hi rrh
solid sides and a solid bottom to prevent gravel and
sediment from entering the river.

Page 5 of 12
D. The outlet device in Basin "C" (as indicated on the 8. 5
x 11 inch map submitted by fax on May 11, 1994) shall
be replaced with an appropriately designed and
constructed riser structure if the structure fails or
if the Department finds the existing structure to be
inadequate. In addition, the top of the basin side
slopes shall be at elevation 109 as a minimum and the
bottom of the sediment basin shall be excavated to
elevation 103 .
E. No excavation shall occur on the south side of the Cane
River.
F. All erosion and sedimentation control measures shall be
installed and maintained as indicated on the Erosion
Control Plan, Sheets 11 through 13 dated November 1994,
with the following exceptions: 1) N.C.D.O.T. Class 2
p ri —)l --I 't lea %14-1 l i �^A i r +-Y%a DV% c T n"A TT •.ii�-nhoc
�..i. rup shall be .i a.
and 2) All silt fence shall be installed outside of
the buffer zones .
G. A modification .request (including additional bonding)
shall be submitted to and approved by the Department
prior to initiation of any land disturbing activities
within the area identified as Phase II on the Erosion
Control Plan, Sheets 12 and 13 , dated November 1994
with the exception of the construction of the Plant
Site.
H. A modification request ( including additional bonding)
shall be submitted to and approved by the Department
prior to initiation of any land disturbing activities
within the area identified as Phase III on the Erosion
Control Plan, Sheets 12 and 13 , dated November 1994 .
I . A modification request (including additional bonding)
shall be submitted to and approved by the Department
prior to initiation of any land disturbing activities
on the 28 .26 acres east of N. C. 197 on the Boundary
Survey, Sheet 2 dated November 1994.
J. A modification request including erosion and sediment
control plan(s) shall be submitted to the Department
for approval prior to any land disturbing activities
not indicated on the revised erosion control plan or
mine maps submitted with the approved application for a
mining permit and any approved revisions to it. Such
areas include, but are not limited to, expansion
outside of the initial pit area, creek crossings, or
expansion of overburden disposal areas.
5 . All affected area boundaries ( 20 .49 acres) shall be
permanently marked at the site on 100 foot intervals unless
the line of sight allows for larger spacing intervals.

Page 6 of 12
6 . GroundwateK Protection
Groundwater monitoring wells shall be installed and
monitored as deemed appropriate by the department.
7 . Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no
greater than the angle which can be retained by
vegetative cover or other adequate erosion control
measure, structure, or device. In any event, exposed
slopes or any excavated channels, the erosion of which
may cause off-site damage because of siltation, shall
be planted or otherwise provided with groundcover,
devices or structures sufficient to restrain such
erosion.
B. Overburden cut slopes along the perimeter of the pit
opening shall be graded to a minimum 2 horizontal to 1
vertical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum ten (10)
foot wide horizontal safety bench shall be provided at
the top of the rock and at the toe of the overburden
slope.
C. In hardrock excavations, the bench widths shall be a
minimum of 5 feet and the bench heights shall be a
maximum of 30 feet. For proposed bench widths of 50
feet, the bench heights shall be a maximum of 40 feet.
8 . S_Lirface Drainage
The affected land shall be graded so as to prevent
collection of pools of water that are, or likely to become,
noxious or foul. Necessary structures such as drainage
ditches or conduits shall be constructed or installed when
required to prevent such conditions.
9 . Blasting
The operator shall provide to the Department a copy of the
findings of any seismic studies conducted at this facility.
The operator shall make every reasonable effort to
incorporate the studies' recommendations into the production
blasting program.
The following blasting conditions shall be observed by the
operator to prevent hazard to persons and adjacent property
from thrown rock or vibrations:

Page 7 of 12
A. In all blasting operations, except as hereinafter
otherwise provided, the maximum peak particle velocity
of any component of ground motion shall not exceed 1
inch per second at the immediate location of any
building outside of the permitted area regularly
occupied by human beings such as dwelling house,
church, school , public building, or commercial or
institutional building outside of the permitted area.
The operator shall monitor each blast with a
seismograph.
B. Airblast overpressure shall not exceed 128 decibels
linear (DBL) as measured at the immediate location of
any regularly occupied building outside of the
permitted area such as any dwelling house, church,
school , public building, or commercial or institutional
building.
C. The operator shall take all reasonable precautions to
insure that flyrock is not thrown beyond areas where
the access is temporarily or permanently guarded by the
operator. Should flyrock occur beyond the guarded area
or the levels in Items A and B _above are exceeded, the
operator shall report the incident to the Department
immediately and further use of explosive at the site
shall be immediately suspended until the following
actions have been taken:
1 . A thorough investigation as to the cause(s) of the
incident shall be conducted.
2. A satisfactory report detailing the investigation
shall be provided to the Department within 10 days
of the -incident. Said report shall , at a minimum,
document the cause(s) of the incident along with
technical and management actions that will be
taken to prevent further incidents.
The report shall meet with the approval of the
ni-nartmPnt hafnrp hl acti nrr may ro--iimc nt the ci to _
Failure to take corrective measures to prevent flyrock
and repeated instances of flyrock shall be considered a
violation of this permit.
D. The operator shall maintain records on each individual
blast describing: the total number of holes; pattern
of holes and delay of intervals; depth and size of
holes; type and total pounds of explosives; maximum
poundsNv uaauu perrrci delayuc.i u)r Jinter vu�, uauv uai i. v.a. o�cluau l.alg and
burden for each hole; and blast location. Records
shall be maintained at the permittee's mine office and
copies shall be provided to the Department upon
request.

Page 8 of 12
E. The operator shall, when requested by the Department,
give 24 hour advance notice to the Land Quality Section
prior to any blast during a period for which notice is
requested.
10 . High Wall Barrier
A physical barrier consisting of 4 foot high, 3 strand
barbed wire fencing shall be maintained at all times around
the perimeter of any highwall to prevent inadvertent public
access. In addition, a minimum 10 foot wide horizontal
safety bench shall be provided at the junction between the
top of rock and the toe of the overburden cut slope.
11. Visual Screening
A. Existing vegetation shall be maintained between the
mine and public thoroughfares to screen the operation
from the public. Additional screening methods, such as
constructing earthen berms, shall be employed as deemed
appropriate by the Department.
B. In addition to grasses, white, loblolly and/or virginia
pines shall be planted as deemed appropriate by the
Department to improve visual and noise buffering.
C. The visual screening berm indicated on the Reclamation
Plan, Sheet 4 of 5 last revised April 27 , 1994 , shall
be constructed and stabilized as per the construction
details and vegetative specifications included on said
plan.
12 . Plan Modification
A. The operator shall notify the Department in writing of
the desire to delete, modify or otherwise change any
part of the mining, reclamation, or erosion/sediment ­ ­--- -
control plan contained in the approved application for
a mining permit and any approved revisions to it.
Annrnval to imnlPmPnt such chancres must he ohtained
from the Department prior to on-site implementation of
the revisions.
B. A modification request (including additional bonding)
shall be submitted to and approved by the Department
prior to initiation of any land disturbing activities
within the areas identified as Phases II & III on the
Erosion Control Plan, Sheets 12 and 13 , dated November
1994 with them emvr•emnt i nn of them r-nnctritr-ti nn of them
Plant Site in Phase II .

Page 9' of 12
13 . Refuse Disposal
A. No on-site disposal of refuse or other solid waste that
is generated outside of the mining permit area shall be
allowed within the boundaries of the mining permit area
unless authorization to conduct said disposal has first
been obtained from both the Division of Solid waste
Management and the Land Quality Section, Department of
Environment, Health and Natural Resources. The method
of disposal shall be consistent with the approved
reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The
Mining Act of 1971 generated on-site and directly
associated with the mining activity may be disposed of
in a designated refuse area. All other waste products
must be disposed of in a disposal facility approved by
1..11C Uavi�.Loll V1 .7V,1„1,i1 riQst.0 1'1Qllag Glliell l... 1YV pGIr role um,
products, acids , solvents or their storage containers
or any other material that may be considered hazardous
shall be disposed of within the permitted -area.
14 . Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until
reclamation 1S completed and approved.
15 . Bonding
The security which was posted pursuant to N.C.G.S. 74--54 in
the form of a $72 , 800.00 Assignment of Savings Account
(which covers land disturbing activities in Phase I , the
plant construction only in Phase II) is sufficient to cover
the operation as indicated in the approved application.
This security shall remain in force for this permit to be
valid. The total affected land shall not exceed the bonded
acreage.
16 . Archaeological Resources
Authorized representatives of the Division of Archives and
History shall be granted access to the site to determine the
presence of significant archaeological resources.

Page 10 of 12
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the
performance of which is a condition on the continuing validity of
that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the
terms of the Mining Permit.
The approved plan provides:
Minimum Standards _AsProvided By G.S. 74-53_
1 . The final slopes in all excavations in soil, sand, gravel
and other unconsolidated materials shall be at such an angle
as to minimize the possibility of slides and be consistent
with the future use of the land.
2 . Provisions for safety to persons and to adjoining property
must be provided in all excavations in rock.
3 . All overburden and spoil shall be left in a configuration
which is in accordance with accepted conservation practices
and which is suitable for the proposed subsequent use of the
land.
4 . No small pools of water shall be allowed to collect or
remain on the mined area that are, likely to become noxious,
odious or foul .
5 . The revegetation plan shall conform to accepted and
recommended agronomic and reforestation practices as
established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6 . Permittee shall conduct reclamation activities pursuant to
the Reclamation Plan herein incorporated. These -activities
shall be conducted according to the time schedule included • - --- -
in the plan, which shall to the extent feasible provide
reclamation simultaneous with mining operations and in any
event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of
the permit area and shall be completed within two years
after completion or termination of mining.
RECLAMATION CONDITIONS:
1 . Provided further, and subject to the Reclamation Schedule,
the planned reclamation shall be to provide a permanent
barricade ( fence) along the top of any highwall and grade
and revegetate any areas in unconsolidated material .

Page 11 of 12
2. The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. All areas of unconsolidated material such as overburden
or waste piles shall be graded to a 2 horizontal to 1
vertical or flatter slope and terraced as necessary to
insure slope stability.
B. Any settling ponds and sediment control basins shall be
backfilled, graded, and stabilized or cleaned out and
made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas
neighboring the mine excavation shall be leveled and
smoothed.
D. Compacted surfaces shall be disced, subsoiled or
otherwise prepared before revegetation.
E. No contaminants shall be permanently disposed of at the
mine site. on-site disposal of waste shall be in
accordance with Operating Conditions No. 13 .A. and B.
F. The affected land shall be graded to prevent the
collection of noxious or foul water.
reeve etation it'1.aii:
Disturbed areas shall be permanently revegetated according
to the seeding schedule on the Mine Plan, Sheet 21 of 22
dated November, 1994 .
In addition, the permittee shall consult with a professional
wildlife biologist with the N.C. Wildlife Resources
Commission to enhance post-project wildlife habitat at the
site and stabilization of the river banks.

Page 12 of 12
4. Re lamation .Plan:
Reclamation shall be conducted simultaneously with mining to
the extent feasible. In any event, reclamation shall be
initiated as soon as feasible after completion or
termination of mining of any mine segment under permit.
Final reclamation, including revegetation, shall be
completed within two (2) years of completion or termination
of m i n i nrr
This permit, issued February 24 , 1992 to Yancey Sand and
Gravel Company, modified May 14 , 1993 , transferred in its
entirety to Yancey Stone, Inc. December 29, 1993 and
modified May 16 , 1994 , is hereby modified this 15th day of
February, 1995 pursuant to G.S. 74-52 .
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

D a t t99�
MEMORANDUM
T0. File
FROM: Susan Edwards
SUBJECT: Notice of Issuance of Mining Permit
Cu
A copy of the attached "Notice of IssuancAfenln`g �Po'ermi—t" was sent to
all people listed in the Affidavit of Notification and any additional people who
sent in letters. If a public hearing was held, a—copy of the "Notice of
Issuance of Mining Permit" was sent to all people who signed the sign in sheet
at the public hearing. My initials , written in red, will be beside the names of
the people in the file who were sent this "Notice" .
cc: Regional Engineer

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an
adjoining land owner in the application to modify this mining permit
filed by Yancey Stone, Inc. to conduct mining activities at Low Gap
Quarry in Yancey County. The mining permit (no. 100-26) was modified on
February 15 , 1995 .
North Carolina law allows persons aggrieved by the issuance of a
mining Permit to contest the decision by filing a petition for a
contested case in the Office of Administrative Hearings pursuant to
N.C.G.S. 150B-23 of the Administrative Procedure. Act (APA) .
If you believe that you are an aggrieved party within the meaning of
the APA, a petition for a contested case must be filed in the Office of
Administrative Hearings within sixty(60) days of the mailing of this
notice to you.
If you file a contested case petition, it must be in writing and in
the form prescribed by N.C. General Statutes 150B-23 . File the original
petition and one copy with the Office of Administrative Hearings , P.O.
Drawer 27447 , Raleigh, N. C. 27611-7447 .
Any aduestionu about filing u pctitivi■ -may be directed to the %'..L ill
of the Office of Administrative Hearings by telephoning (919) 733-0926 .
You must serve the Department of Environment, Health and Natural
Resources by mailing a copy of the petition to Mr. Richard B. Whisnant,
Registered Agent and General Counsel , Post Office Box 27687, Raleigh,
North Carolina 27611 .
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed o 40
Susan Edwards
Mining Program Secretary

;. `ov _
APPLIED WATER TECHN
621 HUTTON STREET,SUITE 107 RECEI!/ED
AAtEIGH,NC 27fi0fi DEHNR
AW
[phone]
MQ
Ju]y 7, 1994
AND QUAWY SECTION
Mr. Tony Sample
North Carolina Department of Environment, Health and Natural Resources
Land Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Re: Request to be Copied on all of Yancey Stone, Inc. Correspondence
Dear Mr. Sample:
Applied Water Technology (AWT) has been retained and is under contract with Yancey Stone,
Inc. to handle all of their environmental permitting and compliance. In order to expedite the
resolution of any such matters for our client, our client has requested that AWT receive copies
of all environmental permit/compliance correspondence from your office concerning their
nnPratinnc of tl,a i r— d- -. f—l:r- —41, Art- ,. D� ..:. XT- 1 nn n4 ni_ �,__ _,___,
.17—...�.v— — '— .' — v"F lC"IILJ• wybl, iv 1,11 LL118 1 C.r 11111 iV V. 4VV-LV. 1-lease, see the attache U-
letter of request and authorization from W. M. McCrary concerning this request. All copies
should be sent to:
Charles D. Blackwell
Applied Water Technology
621 Hutton Street, Suite 107
Raleigh, North Carolina 27606
Thank you very much for your cooperation. If you have any questions, please call me at 919-
836-8688.
Sincerely,
APPLIED WATER TECHNOLOGY
Charles D. Blackwell
President
CDB/lw
cc: W. M. McCrary
YSI-All Files
Enclosure

i
YANCEY STONE, INC.
Route 6, Box 739
BURNSVILLE, N.C. 28714
[phone]
June 2, 1994
TO WHOM IT MAY CONCERN:
I have contracted with AWT to address environmental issues at the Yancey Stone, Inc.
Pensacola Pit, Low Gap Quarry, Baker's Creek Quarry, and the Whittington Pit facilities
which are located in the Burnsville, N.C. area. I have also contracted with AWT to
address environmental issues at the McCrary Stone Services, Inc. Ready Mix Plants in
Marshall, N.C. and Asheville, N.C., including the Marshall Quarry.
Until further notice, please send a copy of all correspondence concerning the facilities
mentioned above to AWT.
Your cooperat.1. in t lis matter is greatly appreciated.
Sincerely,
YANCEY STONE, INC.
MccCIR�ARY STONE SERVICES,INC.
W. M. "Mike" McCrary
'1
President

ZL
5204 Webb Court
Morehead City
North Carolina 285 - ecg�
February 18 , 1995
FEB z L�
3 �995
North Carolina Department of Environment, By
Health , and Natural Resources
Land Quality Section
Division of Land Resources
P. 0. Box 27611
Raleigh, North Carolina 27611
Re: Modification to Existing Surface Mining Permit
W. M. McCrary, 5 Williams Road, Fletcher, N. C.
Dear Sir or Madam:
This letter is to voice my opposition to the modification to
add adjacent land to the existing surface mining permit of Yancey
Stone , Inc. of Fletcher , North Carolina.
The existing mining operation , in my opinion , is causing serious
environmental damage to the small valley and river. Each year
this area is subject to moderate to severe flooding. My
observation is that holding ponds are flushed into the Cane River
during these conditions.
This mining operation is very different from an open pit mining
located in a flat land area. This mine consists of removing the
side of the mountain directly across the valley from my land
and home places of other residents. The present operation has
caused this property to be virtually unhabitable. This past fall
I was in the area and the noise level is very uncomfortable. It
is like being on the opposite wall of a pit mine. Residents tell
me that they keep their doors shut in summer because of the noise.
They also state that their houses "shake" when blasting is being
conducted.
My primary concerns are river polution, dust, noise , traffic,
and appearance.
I request that a full environmental inpact study be required.
Sincerely,
R. D. McMahan

/ud- LG
RECEIVED
�.. ,.,
itnivn
LFE-B 2 A- M6
LAND QUALITY SECTION 520.4 Webb Couxt
Moreheaid City, N. C. 28557
4_
February 17, 1995 ,
North Carolina Department of Environment,
Health:;. and Natural Resources
Land Quality Section
Division of Land Resources
P. O. Box 27611
Raleigh, North Carolina 27611 '
Re : Modification to Existing Surface Mining Permit
W. M. McCrary, 5 Williams Road , Fletcher, N. C.
Dear Sir or Madam:
My husband, Robert D. McMahan , has writteri a letter outlining
environmental concerns he has about the mining in the Pensacola
Valley of Yancey County. While I share these co.nce.rnsr I. see
another side to the story.
For generations this valley has been inhabited with people who
truly love and appreciate the area. Cattail is a summer com-
munity of people who leave their regular place 'of re.s. dence. 'to
spend time in a place of peace 'and tranquil beauty unsurpassed .
My husband and I have 'planned - to also make this our home 'in the
very near future .
It seems to me to be grossly unfair to permit one individual , .fox
purely monetary gain , to destroy the 'lifes:tyle of so .many other
people.
Sincerely,
Carol B. McMahan

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Land Resources
Oak
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
February 28 , 1995
Mr. R. D. McMahan and Ms. Carol B. McMahan
5204 Webb Court
Morehead City, North Carolina 28557
Dear Mr. and Mrs. McMahan:
Thank you for your letters dated February 17 and 18 , 1995,
respectively, expressing your concerns regarding the Modification
of the Low Gap Quarry.
Your concerns certainly did deserve evaluation and the
environmental concerns were considered before the decision was made
to grant the modification of this mining permit. Only the concerns
within the jurisdiction of NCGS 74-51 of The Mining Act of 1971
(copy attached) could be considered. During the application
review, site inspections were made and comments were solicited from
other agencies regarding the potential impacts to wildlife, air and
water quality and groundwater.
Please note, however, that zoning concerns, such as truck
traffic, noise and property values, are not within the jurisdiction
of The Mining Act and are more appropriately addressed through the
local government (Zoning Board) .
Again, thank you for your letters. It you have any additional
questions, please contact me at [phone] .
Sincerely,
won ample, C.P.E.S.C.
Assistant State Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Tracy Davis, P. E.
Mr. Richard Phillips, P. E.
Mr. Charles Gardner, P.G. , P.E.
Geological Survey Section Land Qualify Section Geodetic Survey Section
[phone] [phone] [phone]
FAX:[phone] FAX:[phone] FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

January 28, 1995 RECEDED
DEHNR
MEMO TO: Tr avis
FROM: Richard Moore
LAND QUALITY•'�
SUBJECT: McCrary- Low Gap Quarry I SECTION
Yancey County
1. Riprap details for the diversion ditch call for N. C. D.O.T. Class I. If D., is = 10" allow-
shear is 3.3 lb.lft.Z. Phase I and II ditch would be undersized for shear as designed.
See attached printout.
2. The proposed buffer on the north side of Cane Rivet should be a minimum 100 ft.
wide. However, there is a plateau on this side of the River and upstream of the bridge
(see Sheet 11 of 22) which should be the limit of buffer when the plateau is more than
100 ft. from the River edge.
3. Some of the erosion control measures appear to be located within the 100 ft. buffer
zone.
C`hnnfe V 7 hnA 4 Q of 4hc ninn
LV116�r VIIV VIei IL GIIVI IV VI 111V 'lIM11.
RDM:a
Attachments

--> Calculatio0esults <--
Mannings Roughness n 0.040
Avg Side Slope Z ( Z : 1) 2.000
Bottom Width W (ft) 3 .000
Channel Slope s (ft/ft) 0 .040
Normal Depth d (ft) 1 .940
Wetted Perimeter P (ft) 11 .676 °
Cross Sectional Area A (ft' ) 13 .347
Hydraulic Radius R (ft) 1.143
Design Flow Q (cfs) 109.000
Avg velocity v ( fps) 8. 1674
Calculation error 0. 264
Another channel (Y/N)
r,
--> Calculation Results <---
Mannings Roughness n 0. 040
Avg Side Slope Z (Z: 1) 2. 000
Bottom Width W ( ft) 3 .000
Channel Slope s (ft/ft) 0.050
Normal Depth d (ft) 2:020
Wetted Perimeter P (ft) 12.034
Cross Sectional Area A (ft2 ) 14 . 221
Hydraulic Radius R ( ft) 1 . 182
Design Flow Q (cfs) 133 . 000
Avg Velocity v ( fps) 9 .3525
A
Calculation error 0 . 451
Another channel (Y/N)

--> Calculation Results <--
Mannings Roughness n 0.040
Avg Side Slope Z (Z:1) 2.000
Bottom Width W (ft) 3 .000
Channel Slope s , (ft/ft) 0.020
Normal Depth d (ft) �2:020o
Wetted Perimeter P (ft) 12.034
Cross Sectional Area A (ft' ) 14. 221
Hydraulic Radius R ( ft) 1 .182
Design Flow Q (cfs) 84.000
Avg Velocity v (fps) 5. 9079
l
Calculation error 0. 313
Another channel (YIN)
-> Calculation Results <--
Mannings Roughness n 0 .040
Avg Side Slope Z ( Z: 1) 2.000
Bottom Width W (ft) 3 .000
Channel Slope s (ft/ft) 0.040
Normal Depth d (ft) 1...9.40
Wetted Perimeter P (ft) 11 . 676
Cross Sectional Area A (ft� ) 13 . 347
Hydraulic Radius R (ft) 1.143 �r
Design Flow Q (cfs) 109.000 LL
Avg Velocity v (fps) 8.1674 17
Calculation error (%) 0. 264
Another channel (YIN)

MINE SUE REVIEW FORM
DEM COMMENTS
Proj ect: C ui V County: PN(-EY
Due:
Water Quality Issues:
1. Watershed/Stream Name and Classification:
oa,az
2 . Permits: YES NO
NPDES Permit Required .[
NPDES Permit Existing ✓ L�
Nondischarge Permit Required ✓ y
Nondischarge Permit Existing ,/ Mi- 4
NOV Issued
Civil Penalty Assessed/Injunction
RequestedG�/�'
3 . Wetlands:
Wetlands Disturbed
401 Certification Required
Air Quality Issues:
Air Permit Required
Air Permit Existing
NOV Issued
Civil Penalty Assessed/Injunction
Requested ✓
Groundwater Issues:
Well Permit Required ✓ r��
Well Permit Existing
Groundwater Contamination Problem
NOV Issued
n; -I n. .. ��.. T alr.,� � ' /
L..1.vi.i. �C1Fall.Y njje_jjcu/ tului�Gk-L%J!1 /---•
Requested '
Comments:
1
I
Signed Date

35-�11-19 15:44 JET ENGU�riING P. 1
A N 301995
U
BY
APPLICATION FOR A N04MG PERMT
E. DE MUNATION OF AF7E CTED ACREAGE AM BOND
The folly bond calculation %vrksheet is to be used to esiablish an appropriare h (hwed tpon a
rangge of 00 to $5,000 per�"ected acre)for each permlrred mine site based upon dw acreage approved
by rht i�epa nr to be affecied during the Life of the mining permit.
r
AFFECTED RECLAMATION RECLAMA'I.ON
CATEGORY ACREAGE COST/ACRE COST
Tailinaw%v im=t ponds Ac. X $ 500 IAc. = $ 13 go
Stockpiles -Z,74- Ac. x $ l 00,!2 lAc. = $ 41 1-5Z _
wastcoes r 70 .14
Ac. ){ LPC�� /Ac. = $
Processing AreWHavl Roads .5,01 Ac. X $ = $
Mine Excavation Ac. X $ 25DO IAc, = $ f ELSyO
Other Ac. X $ � 1AG. $
TOTAL ACREAGE_ Ac. SUBTOTAL COST: $
Additional Reclamation Cost Factors:
a. Inflation: 0 for pest life of I to S years:
SUBTOTAL COST X 0.10 $
Kfor permit life of 6 to 10 yem-._
SUBTOTAL COST X 0.25
b. Mobilization: S[ImrrAL COST X Q.40
c. Administration: SUBTOTAL, COST X 0.20 - `14�3'1�3 .��oso
a + b + c = $ ,�r � + SUBTOTAL CC= $
txound dgwn to the noareg 4160.00)
-15-