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Home My WebLink About2017 Complaint Response - 3/31/2017Energy, Mineral& LandResources ENVIRONMENTAL QUALITY March 31, 2017 Anthony S. di Santi Di Santi Watson Capua Wilson & Garrett, PLLC 642 West King Street Boone, North Carolina 28607 RE: Permit No. 95-03 Bamboo Road Quarry Watauga County New River Basin Dear Mr. di Santi: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director This letter is in response to your February 23, 2017 letter sent to this office on behalf of Watauga County. Your letter expressed concerns about compliance issues related to the mining permit issued to Radford Quarries for the Bamboo Road Quarry in Watauga County. My Division has recently condu6ted an inspection of the facility in response to your concerns, and the inspection report is enclosed for your information. At the time of inspection, the facility was found to be in compliance with the conditions of Mining Permit No. 95-03. In your letter, you suggested that Radford Quarries did not comply with the notification requirements during past mine permitting actions pursuant to the NC Mining Act of 1971 (Act). NCGS 74-50(bl) of the Act states in part, "At the time of an application for a new mining permit or for a modification of a mining permit to add land to the permitted area, the applicant or operator shall make a reasonable effort, satisfactory to the Department, to notify...". In order to necessitate notice under NCGS 74-50(bl) or (U), an application for a new permit or a modification of a mining permit to add land to the permitted area is required. However, the 2015 mining permit action you referenced in your letter was for a modification and renewal of Mining Permit No. 95-03, which allowed for an increase in the allowable disturbed acreage within the existing permit boundary, but did not add land to the permitted area. The "permitted area" is defined in NCGS 74-50(b)(3) as including "affected land and all other land used for or designated as buffers or reserves, or used for other purposes, as delineated in a mining permit or an application for a mining permit." Furthermore, the mining permit boundary and resulting permitted area has not been changed since it was approved by this office in 2004. State of North Carolina I Environmental QUalitV I Energy, Mineral and Land Resources 512 N. Sallsbur) Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 9197079200 Mr. di Santi Page 2 As this is not a new mining permit, and there was no land added to the permitted area as part of this permit action (i.e., the existing mining permit boundary did not change), no action was required under NCGS 74-50(bl) or (b2). Therefore, this office considers the existing mining permit to be valid and in full force and effect. With respect to your inquiry regarding the alleged failure to maintain the fifty -foot vegetative buffer required by the permit, based upon the March 13, 2017 inspection of the mine, the mine was determined to be in compliance with the terms and conditions of its mining permit, including the buffer zone referenced in your letter. Thank you for your interest in this matter. If you have additional questions or concerns, please contact Ms. Janet Boyer, PE, CPM, State Mining Specialist, at ianet.boyer�D_ncdenr._qo or (919) 707-9220. S ii rn re 1, y, Tra ZyE. 7avis,PE, CPM TED/JSB Enclosure: Mine Inspection Report dated March 13, 2017 Cc: Ms. Janet Boyer, PE, CPM, State Mining Specialist Mr. Matthew Gantt, PE, Winston-Salem Regional Office Supervisor State ofNorth Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 North Carolina Department of Environmental Quality, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT PERMITTED MINE SITE El UNPERMITTED MINE SITE 1. MINE NAME: Bamboo Road Quarry 2. MINE LOCATION: Glendale School Road 3. COUNTY: Watauga 4. RIVER BASIN: New 5. CASE: N/A 6. OPERATOR: Radford Quarries, Inc. 7. ADDRESS: P.O. Box 2071, Boone, NC 28607 Attn: Mr. DJ Cecile, PhD 8. MINING PERMIT #: 95-03 D N/A 9. PERMIT EXPIRATION DATE: 11/4/2025 F1 N/A 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile (Radford Quarries), Derek Goddard (BREC) I I - PICTURES? 0 Yes F1 No TAKEN BY: Matthew Gantt 12. TYPE OF INSPECTION: A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 5/29/2014 14. Any mining since that date? N Yes El No If yes, cite evidence of such mining activity: Yes, mining activity observed during inspection. 15. Was mine operating at time of inspection? Z Yes E] No If yes, explain: Mine was operational during inspection 16. Is the mine in compliance with the Operating Conditions of the Permit? Yes El No 0 N/A If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? [_1 Yes El No N N/A If no, explain: N/A 18. Is there any off-site damage? A. 0 Yes B. Z No C. F-1 If A, describe the type and severity of the damage: None Observed Jf B or C, is there potential for ofisite damage? 0 Yes Z No Explain: NA 19. Corrective measures needed and/or taken: Areas along the 50 -foot unexcavated buffer have been stabilized with vegetation and white pine trees. The portion of the BREMCO access road within the 50 -foot unexcavated buffer (on the south side of the mine) has been stabilized with base stone. A rip -rap ditch line has been established along the north side of the BREMCO access road. The access to the mine off of Sunny Knoll Acres Drive has been chained off. A good stand of vegetation is now present on the slopes of the sediment skimmer basin located below the proposed plant and the proposed stockpile area. The lower portion of the BREMCO access road off of Bamboo Road has also been covered with base stone. A new drainage box has been installed at the inlet to the NCDOT culvert pipe under Bamboo Road. Mr. Cecile is in the process of obtaining a metal grate from NCDOT to cover the top of the drainage box noted above. Runoff from the upper portion of the BREMCO access road has been directed into the mining pit. 20. Other recommendations and comments: Meeting held on site with Mr. DJ Cecile and Mr. Derek Goddard (BREC) at the request of Mr. Cecile to evaluate the condition of the 50 -foot unexcavated buffer on the south and southeast portions of the mine. The white pine trees within the 50 -foot unexcavated buffer are now roughly 4-5 feet tall. A good stand of volunteer vegetation (briars) is now present between the white pine trees and the property boundary. Mr. Goddard has had the 50 -foot unexcavated buffer surveyed and the buffer is now marked with wooden stakes and pink ribbons. Mining equipment, primarily dump trucks, were parked outside of the 50 -foot unexcavated buffer. Trash and debris were being removed from the 50 - foot buffer during the inspection. The lower portion of the quarry located on the west side of Bamboo Road was also inspected. A small hole has been excavated on the outlet side of the drainage culvert under Bamboo Road to capture any possible sediment running through the culvert pipe. No flow was noted within the channel below the NCDOT pipe during the inspection. Several stockpiles were noted on the west side of Bamboo Road. Mr. Cecile indicated that the inventory was low at this time of year and will need to be replaced in the spring. Travel areas on the west side of Bamboo Road had been stabilized with base stone. 21. Is the Annual Reclamation Report +/- m!jp accurate? El Yes [j No (Explain) [E Not Reviewed 0 N/A 22. Follow-up inspection needed? 0 Yes N No Proposed date: -March 13, 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 3/16/2016 &SPECTED BY: Matthew Gantt DATE March 13, 2017 Telephone No: 336-776-9800 Copy to file Copy to operator Copy to Mining Specialist