20210901_NOV-Flyrock_ 61-19 (1)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Certified Mail
Return Receipt Requested
7019 1120 0002 0065 1412
Merle D Andrews
NORTH CAROLINA
Environmental Quality
September 1, 2021
I I W 0 M13 Al [I�1 (i�[I _ 1I�I�L 1 M
Blue Ridge Quarries Inc.
8487 US Highway 221 North
Marion, NC 28752
RE: Steel Gray Mine
Mining Permit No. 61-19
Mitchell County
French Broad River Basin
Dear Mr. Andrews:
This is to inform you of several violations of Mining Permit No. 61-19 issued to Blue Ridge Quarries Inc. to operate
the Steel Gray Mine in Mitchell County.
On June 16, 2021, the Division of Energy, Mineral, and Land Resources was notified by a neighboring landowner
of a fly rock incident that occurred at the above referenced mine on June 15, 2021, which resulted in rock being
thrown outside your permitted area. This complaint was investigated and confirmed by Asheville Regional Office
staff on June 23, 2021. In addition, Dale Caldwell of Caldwell Drilling, the contracted drilling and blasting firm,
confirmed that a seismograph was not in use at the time of the incident. During the inspection by the Asheville
Regional Office, it was also noted that there has been additional acreage that has been disturbed outside the
permitted and affected area.
Our review of your records determined that one or more of the conditions contained in your mining permit were
being violated. The conditions being violated are as follows:
Operating Condition No. 8 - Blasting
The operator shall monitor each blast with a seismograph located at a distance no farther
than the closest off site regularly occupied structure not owned or leased by the operator. A
seismographic record including peak particle velocity, air overpressure, and vibration frequency
levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D
of this permit). The following blasting conditions shall be observed by the mine operator to prevent
hazard to persons and adjacent property from surface blasting.
D_EQJ� 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 276991612

Certified Mail
Mr. Andrews
Page 2
2. 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.
3. Operating Condition No. 8H - Flyrock Reporting
Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report
the incident to the Department. Further use of explosives on the mine site shall be suspended until
the following actions have been taken:
4. Operating_ Condition No. 4C — Mining Activities
All mining activities, including the installation and maintenance of all erosion and sedimentation
control measures, shall be conducted as indicated on the Erosion Control Plan last revised
September 9, 2010, and the supplemental information received by the Land Quality Section on May
17, 2010, July 19, 2010, and September 13, 2010.
5. Operating Condition No. 11 — Plan Modification
Plan Modification: 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.
Approval to implement such changes must be obtained from the Department prior to on -site
implementation of the revisions.
To correct the current violations and bring the site into compliance, you must take the following corrective
actions within the time specified:
1. Immediately cease further use of explosives at the Steel Gray Mine, Permit No. 61-19.
2. Submit in duplicate to the Department, within 10 days following your receipt of this Notice, a complete
blast investigation report prepared by a third -party consultant. Said report shall contain, but not be
limited to, the following:
A. blast reports/records,
B. a scaled map showing the exact location of the June 15, 2021, blast, and the distances to
and locations of the fly rock and offsite damage (if any),
C. actions to be taken by your corporation to repair any damages,
D. probable cause(s) of the fly rock,
E. description of the blasting procedures employed at the time of the incident, and
F. what changes will be made in procedures to ensure that fly rock will not exit the permitted
and guarded area in the future. Procedures must also be proposed to ensure that all future
blasts are monitored with a seismograph, as required by the mining permit.

Certified Mail
Mr. Andrews
Page 3
3. All land disturbing activities, which lie outside of the permitted mine boundary, must cease until
approval has been received from this Department to include this area in your permitted mine area and
to allow the proposed mining activities in said area.
4. Within thirty_(30) days of your receipt of this Notice, complete and file an original and 5 (five) copies
of an application form for a mining permit modification for this site along with the required
corresponding mine maps and reclamation plan. The appropriate mining permit application processing
fee is also required. The application for a mining permit, The Mining Act of 1971, the Administrative
Rules, and other forms may be downloaded by visiting: https://deq.nc.gov/about/divisions/energy_
mineral-land-resources/energy-mineral-land-permits/m iningproeram.
5. As an alternative to filing a mining permit application, you must immediately initiate reclamation of all
affected acreage at this site. Such activities include temporary erosion and sedimentation control
measures, temporary groundcover, and any other temporary activities to stabilize the site until a
reclamation plan is submitted to and approved by the Department. In addition. within 30 days of your
receipt of this Notice, you must submit a plan detailing the intended reclamation of all affected acreage
at this site, including a specific schedule for completion of this work.
You will be notified if the above investigative report meets with the approval of the Department. Should the report
not meet with Department approval, you will be notified of the deficiencies.
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 [phone] regarding any questions you might have about this matter.
DM/ap
Sincerely,
David Miller, PE
State Mining Engineer
cc: Mr. Stan Aiken
Ms. Shawna Riddle
Scott Buechel
Buechel Stone Corp.
W3639 County Hwy H
Chilton, WI 53014
Chris Bucy
Buechel Stone Corp.
7274 US Hwy 221 N.
Marion, NC 28752