20231006_NOV_Flyrock_14-07

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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
October 6, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 7212
NOTICE OF VIOLATION OF MINING PERMIT
Mr. Michael McGill
Martin Marietta Materials, Inc.
2710 Wycliff Rd
Raleigh,NC 27607
RE: Caldwell Quarry
Mining Permit No. 14-07
Caldwell County
Catawba River Basin
Dear Mr. McGill:
This is to inform you of several violations of Mining Permit No. 14-07 issued to Martin Marietta Materials,Inc. to
operate the Caldwell Quarry in Caldwell County.
On August 30, 2023,the Land Quality Section's Raleigh Central Office was notified by you, Mr. Mike McGill, of
a fly rock incident that occurred at the above referenced mine on August 30, 2023, which resulted in rock being
thrown outside your permitted area.
Our review of your records determined that the conditions contained in your mining permit were being violated.
The conditions being violated are as follows:
1. Operating condition No. 8G-Flyrock Prevention
The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas
where the access is temporarily or permanently guarded by the operator. Failure to take corrective
measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the
Mining Permit.
The Department has reviewed the report of the blast investigation submitted by you on September 8, 2023. You
may resume blasting operations at this site, while continuing to follow the best management practices detailed in
the blast investigation.
D E QJ� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
919.707.9200

Certified Mail
7022 0410 0003 1130 7212
Mr. McGill
Page 2
In addition,the following actions must be taken to correct these violations:
A. Submit to the Department a copy of the shot report from the date of the flyrock incident as
well as copies of the next 5 shot reports(minimum). You will be notified if the Department
requires reports beyond the next 5 reports.
Failure to take the corrective actions specified above may result in the assessment of a civil penalty against your
corporation. If a civil penalty is assessed,the amount may be up to five hundred dollars($500.00) for each day of
violation,beginning with the date of your receipt of this Notice of Violation G.S. §74-64. Other enforcement actions
may include seeking an injunction or revoking your mining permit.
The responsibility for understanding and complying with the conditions of your mining permit rests with you.
Please do not hesitate to contact me, at 919-707-9220 regarding any questions you might have about this matter.
Sincerely,
Adam Parr,PE
State Mining Engineer
cc: Ms. Shawna Riddle
Mr. Jay Nivens
Martin Marietta Materials, Inc.
8701 Red Oak Blvd. Suite 540
Charlotte,NC 28217