20210908_C-Jones-2

RECEIVED
To whom it may concern:
SEP 0 S 2021
LAND QUALITY SECTION
I am writing in response to the letter I received on August 27, 2021 which states that Waycaster
Stone Co, Inc applied for a new surface mining permit on August 19, 2021.
As a resident at 262 Hicks Chapel Loop, which is located directly below the mine, I oppose this
permit application.
Water runoff, land destabilization, silica dust, trash, potential damage, and the basic legal and
regulatory expectations of the mine applicant/operators are the immediate concerns that come
to mind. I will go into more detail for each one below.
Water runoff and land destabilization: In a recent article by the Carolina Public Press titled,
"State cracks down on mining operations," which covers the mine in question, a section focuses
on the environmental impact of mines, especially regarding sediment from runoff.
UNC Asheville geologist Brittani McNamee is quoted in the article. She points out that runoff
leads to sedimentation in streams and groundwater. Specifically, the article points out that
forests typically help capture sediment, but "paved surfaced and dirt roads provide direct
access for microsediment to enter waterways where the fine particles don't settle. The debris
creates murky conditions and eventually flows into the base of the watershed, disrupting the
ecosystem."
When it rains, and especially when there is a heavy rain, there is water runoff that flows down
from the dirt road to the mine and into Hicks Chapel Loop, at which point it then collects and
flows down a ditch next to the road, resulting in excess water at a neighbor's house (Jessica
Lynch's house, listed as 11A on the map showing properties adjacent to the mine). There is also
a small creek next to Lynch's house which the water eventually flows into. If it rains heavily
enough or for a prolonged period, this creek contributes to flooding on Lynch's property, which
means the runoff from the mine is only making the amount of water worse. In this section of
Hicks Chapel Loop, the road itself has also flooded. There has been a question as to whether
this runoff is impacting Timothy Burnette's property (listed as 14 on the adjacent property map)
as well as the nearby properties related to the water that they use in their homes. As sediment
is likely making its way into the watershed, multiple people around this mine may be impacted.
Since the mine has removed so much of the topsoil, that water and sediment must go
somewhere, and it's flowing downhill to the surrounding properties. Mud and rocks also collect
in a section of Hicks Chapel Loop in front of the property listed as 12 on the adjacent property
map. I have pictures from 2009, 2012, and 2021 at minimum which show this runoff water and
its path. As this mine is in a residential area with multiple people on different wells and water
systems, this is one of the primary causes of concern.

In addition to the sedimentation, I am also worried that the land itself could become
destabilized because of the removal of trees and topsoil if it has not already and that this could
cause landslides in the area.
Silica dust: The mine application lists the proposed mineral or ore to be extracted as "quartzite
building stone." Quartzite has high silica content which has been identified as a carcinogen as
well as a general health hazard to the lungs that could lead to silicosis. This is an obvious risk to
the workers at the mine, but it may also be endangering the residents who live near the mine.
Trash: A relatively small issue but an issue nonetheless is that when the mine was active, there
would occasionally be work equipment or trash that was either thrown or blown by the wind
down the bank of the mine that connects to our house (e.g. buckets that were presumably used
at the mine and empty soda bottles). Again, this is a relatively small issue, but the workers are
apparently either purposefully littering or not attempting to secure or dispose of their
trash/work equipment so that it doesn't blow away onto adjacent properties.
Potential damage: This has not happened recently, but it is still a potential concern since it has
happened in the past. There have been multiple times where rocks (small and large) flew at our
home after explosions were set off at the mine. In 2010, there was a very large rock that came
close to hitting a building on our property. I have pictures of the rock, the impact it made on the
ground, and dirt clods that landed on the building on our property because of the impact to the
ground. If it had hit the building or a nearby vehicle, it would have caused a massive amount of
damage.
Leal and regulatory expectations of the mine applicant/operators: This mine has seemingly
been under the ownership of multiple stone companies. I do not presume to know every detail
about how many people have owned or operated the mine, how many other stone companies
the mine has been leased out to, or the exact timeline of any of these events.
To illustrate how confusing and unclear the situation is, l have heard multiple blasts from the
mine since the May 27, 2021 notices of violation, however I do not know who is discharging the
blasts. Those blasts have taken place on June 3, 2021 at approximately 2:30pm; July 8, 2021 at
approximately 10:15am; August 24, 2021 at approximately 9:30am; on August 25, 2021 it
sounded like there was possible drilling at the mine; and on August 27, 20211 received the
letter stating the application for a permit had been submitted. I have no way of knowing
whether there are other mine operators who are lawfully working or if the current
applicant/operators were actively mining when they should not have been.
From my understanding, which is in part based on the Carolina Public Press story mentioned
above, state regulators found the mine to be less than 1 acre and did not require a permit in
2009. At some point since then, however, the mine grew to over 1 acre in size (which requires a
permit), and, to my knowledge, the owners of the mine did not attempt to apply for a permit
once they went over that threshold. They continued to operate the mine unlawfully. What this
shows, in my opinion, is an ignorance of the laws and regulations that they are supposed to

abide by or an intentional disregard for those laws and regulations. There were two notices of
violation for mining without a permit that were dated May 27, 2021 which were sent to
Carolina Greystone Quarries, LLC (to the attention of manager Evangeline Stevens Peek) and to
Kenneth L. Waycaster, Jr. and Tonya Waycaster. The acreage of the active mine areas at the
time of inspection were found to be 1.5 acres and 1.36 acres. According to the application, the
mine is proposed for 26.3 acres. Again, I am unsure of what exactly this entails, but it
concerning to me to imagine a mine potentially growing to 26.3 acres in size, especially given
the environmental issues listed above. If the size of the previous activity was found to be just
under 3 acres and we are experiencing these issues now, what will the impact of 5, 10, 15, 20,
or 25 acres of mining look like for the residents living in this area in the future? If the operators
were found to be in violation for what seems to be at least a few years, what reassurances do
residents have that there won't be other violations? As best as I can tell, no work has recently
been done to at least prevent or divert the water runoff.
According to G.S. 74-51(d), the permit may be denied if any of the enumerated findings are
determined to apply. (6) and (7) stand out to me, but others may apply to this situation. For (6),
sediment seems to be an obvious issue considering the runoff from the mine into nearby
residential areas and a nearby creek. As stated above, the sediment eventually makes its way
into the watershed. For (7), and this is based on my interpretation, it sounds as if an application
can be denied if the applicant has not been compliant the laws or regulations in this statute. If
that is the case, then it seems evident to me that the applicant has already been uncompliant
based on the very fact that the reason they are currently applying for a permit is because they
operated unlawfully for years without a permit.
I want to reiterate and emphasize that I am by no means someone who has in-depth knowledge
of the history of the owners, operators, or those whom the mine has been leased to. There is
plenty of confusion and a lack of clarity about this mining operation which is a separate issue on
its own. I am sending this letter as a resident who has lived at this address for my entire life and
laying out what I have witnessed over the years as well as listing my current concerns as well as
potential concerns in the future. I believe some of my neighbors are worried about the same
issues. I understand that we are discussing private property, but it becomes an issue -once
someone's private property impacts the property of others.
Thank you for taking the time to read.
Sincerely,
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Cody Jones
262 Hicks Chapel Loop, Marion, NC 28752
September 7, 2021

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