20210903_K-MacQueen

August 31, 2021
Kevin F. MacQueen
4019 Fields Station Road
LaGrange, NC 28551
Lenoir County
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
RE: New Surface Mining Permit of Danny Smith, Jr.
DBA Danny Smith Landscaping & Drainage
To Whom It May Concern:
RECEIVED
-SEP 0 ZUL i
LAND QUALITY SECTION
Please accept the following as a comment on the New Surface Permit referenced above. The Permit
Application was dated 08-07-2021 and is for 22.93 acres located entirely in Lenoir County near the city
of LaGrange.
My wife, Lisa Suggs Frost MacQueen, and I reside on a parcel of the property designated in the site map
as property of Edd Leamon Suggs, Jr (hereinafter Mr. Suggs). We have rented a home & lot from Mr.
Suggs for over 8 years and continue to rent from him to this day. In addition to being our landlord Mr.
Suggs is also my wife's father. She and her brother are the sole heirs of Mr. Suggs. Mr. Suggs is nearing
86 years of age. As a result of this, my wife and I feel we have a genuine interest in the consideration of
this Permit and the potential consequences arising therefrom.
Our first concern is with the Permit application being labeled as a "new surface mining permit'. There is
and has been for over a year now actual mining operations taking place very near the area designated in
the site map as the "Existing Irrigation Pond". The pond itself was dug and created about the time
actual mining operations began. Large pieces of equipment have been removing dirt from the area,
again, for approximately one year. I have discussed this with Mr. Suggs and he has informed me he did
not receive any notice of any kind prior to the commencement of actual mining operations. We would
be most grateful if we could be provided with an explanation as to how such mining operations were
able to take place without any notice or consent. In addition, we would be grateful if an explanation
could be provided as to how the Permit is being designated as a "new surface mining permit'.
Our next concerns deal with the quality of life and market value of our home and how these are affected
by the "potential" surface mining operation. The very existence of the surface mine creates a blight
upon the land that cannot be minimized. Virtually the entire operation can very easily be seen from
most anywhere on our lot. This is especially true on the western edges of the property. The home we
live in was built by my wife's grandfather, Harry Aldridge. Mr. Aldridge was a residential contractor of
note. He built many fine homes throughout Lenoir County for several decades. In addition, my wife grew
up in this home and the home immediately next door (the current residence of Mr. Suggs). This property
has a multitude of mature trees, shrubs, flowers, plants and grape vines. The existence of the mining
operation detracts from the value of the property in many different ways. This includes loss of property

resale value (who wants to buy a home next door to a mine?), sentimental value (the bucolic lifestyle so
cherished by my wife and I has been lost forever) as well as the aesthetic value (the true natural beauty
of this property, nourished for more than two generations, has also been lost). I hope I am safe in
assuming the irony of a landscaping company ... a company which works to improve the aesthetic value
of a particular property... being the very same company looking to harm ours is not lost. If the mining
operation is allowed to expand, which is what I am assuming is the actual intent of the Permit, so much
more of the special nature and value of the home my wife and I live in would be lost. In addition, the
very existence of the irrigation pond constitutes a very real health hazard for my family and I. In the long
months of Spring and Summer and even well into Fall the pond serves as a breeding ground for entire
legions of mosquitoes. These are always a serious nuisance but can also, through the carrying of disease,
can serve as an actual health threat to all who reside nearby. The "Existing Irrigation Pond" is very near a
large building located on the edge of our property. If the pond were to flood it would flood the building
as well causing substantial damage to the building.
In addition to the negative consequences set forth above the constant noise generated by the actual
mining operations, going on even as I write this, and the noise generated by the heavy trucks going back
and forth, also going on as I write this, on a makeshift road only a few hundred feet from our property
only further diminishes both the actual value of our property as well as our present ability to enjoy our
property. One does not move to the country to be close to such noise pollution but to get away from it.
Our efforts in this regard have been completely frustrated. The heavy trucks also cause damage to the
road upon which both they and we travel upon. Fields Station Road is a classic "country" road. It is not
built from heavy asphalt as a city street or highway would be. It is easily damaged and is also rather
narrow.
While I have set forth the consequences of the mining operation as they relate to my family and our
property, we are not the only "neighbors" to this operation. There are several homes and residences
nearby that would likely be affected as much or more than we would. This is true in all aspects as set
forth above. In addition, the individuals driving upon Fields Station Road are all affected by the damage
caused by the heavy trucks from the mine using the highway no matter where those individuals reside.
In conclusion, it is our sincerest hope and request that the following actions occur. 1. An explanation be
forthcoming as to how this Permit is designated a "new surface mining permit". 2. That the request
being made by Danny Smith Landscaping and Drainage for such a permit be denied in its entirety.
Thank you for your kind attention to the comments as set forth above.
Sincerel Yours
Kevin F. MacQueen
C� rV1-C'0+ ry CQ"9"
Lisa Suggs Frost MacQueen

NORTH CAROLINA MINING State of North Carolina
PERMIT APPLICATION- Department of Environments Quafrty
Division of Energy, Mineral, and Land Resources
6 NOTICE
Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that
Danny Smith Landscaping & Drainage
has applied on
8-7-2021
(Applicant Name) (Date)
1612 Mail Service Center
Raleigh, NC 2769,9-1612
[phone]
to the Division of Energy,
Mineral, and Land Resources, North Carolina Department of Environmental Quality,1612 Mail Service Center, Raleigh, North
Carolina 27699-1612, for (check one):
7 a new surface mining permti,
F] a modification of an existing surface mining permit to add land to the permitted area; or
F] a modification of 'an existing surface mining permit to add land to the permitted area with no disturbance in
the area proposed. Please note that future modification(s) may be submitted by the applicant to allow
disturbance within this area without re -notification of adjoining landowners.
The applicant proposes to mine
Sand
(Mineral, Ore)
on 22.93
(Number)
miles West North West of La Grange off/near road
(Direction) (Nearest town)
Lehoir
County.
acres located 3.5
(Number)
Fields Station Road
(Number, Name) .
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER
NAMES AND LOCATIONS*
In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all
owners of record, bath public and private, of all tracts of land that are adjoining the mining permit boundary, 9 an adjoining tract is owned or
leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative offccer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty (30) days of the issuance of this Notice orthe filing of the application for a permit, whichever is later. Should the Department
determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of ;`me 30-day
comment period specified above.
A copy of the.pemzft application materials is on file and available for public review during normal business hours at the above listed address as
well as at the appropriate regions! office. For infomnaiion regarding the specifics of the proposed mining activity, please contact the
applicant at the folowing telephone number. 252 521-0507
For information on the mining permit application review process, plem contact the Mining Program staff at [phone]. Please note that
the Department will consider any relevant written comrne Wdocumentation within the provisions of the Mining Act of 1971 throughout the
application review process'untii a final decision is made on the application.
SWGS EDD LEARON dR 40M FIELDS SiAMON RD LA GRANGE, NC 28551
Addressee{owner of Recorfs Name and Address
08/07/2024
Date of Issuance of this No6cdWed to AddresseefOwner of Record
Danny Smith Jr., Danny Smith Landscaping & Drainage
Name of AWwt Include Contact Person & Company Name, if@Appr=We
2446 Hwy N, Kinston, NC 28504
Address of Applicant
Revised March 11, 2021 Page 117

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