NCG160220_Letter_20170705

John T. Kilby *
Benjamin G. Hurley, Jr.
*Also licensed in VA
XILBy & HURLEY
Attorneys and Counselors at Law
122 North Jefferson Avenue
PO Box 24
West Jefferson, North Carolina
28694
June 22, 2017
RECEIVED
►U T", 2017
DENR - DEMLR
Telephone
336/246-3144
Fax: [phone]
Michael S. Regan, Secretary of the N.C. Department of Environmental Quality
N.C. DEQ Administration
1601 Mail Service Center
Raleigh, NC 27699-1601
Dear Secretary Regan,
I have been directed by the Ashe County Board of Commissioners to transmit a copy of
its resolution entitled Resolution Supporting Reopening the Air Permit and Stormwater
Permit for Possible Future Asphalt Plant on Glendale School Road and Requesting an
Interagency Inspection of the Lot on Which a Quarry and Possible Future Asphalt Plant
may be Established.
The attached resolution reflects a high level of concern based on consistent and persistent
problems at the quarry site and a well-founded fear of operation of a proposed asphalt
plant on this site. It also points out that the level of regulatory attention to this site and
the decision -making relative to the proposed asphalt plant has not been what it should be.
The points made are aimed at communicating the high level of value Ashe County and its
citizens place on the environmental resources of our communities and certainly in
Glendale Springs. The site referenced is upstream of the water intake for the County
Seat, Jefferson. The management of this site is directly linked to public health and the
health and viability of the County and its citizens. The issues noted are critical and the
requests made to DEQ are extremely important. The County desires to make it clear that
we seek strong action from your agency. We understand that you are tasked with a
difficult job and that DEQ programs are not funded at an appropriate level. However, the
situations at this site require an appropriate level of resources properly directed at this site
and a regulatory will that results in making the right decisions about future use of this
site.
The County is aware that you have received a number of communications from County
citizens and the Blue Ridge Legal Defense Fund regarding an asphalt plant proposed to
be located on the same lot as an existing quarry. We understand that there is a

significant list of complaints about the quarry operation. As DEQ knows, the
owner/operator of the possible future asphalt plant is one and the same as the quarry.
The County does not want to repeat prior correspondence from others, but is providing
some limited information so you have a better appreciation and understanding of the
growing frustrations of Ashe County citizens.
• In the first half of June 2015, the quarry operator reported to DEMLR that it had
"inadvertently" graded 3.5 acres for quarry purposes without authority under its
mining permit. This report was made the same day as the same operator, using a
different corporate name, applied to the County for a Polluting Industries
Development permit for a possible future asphalt plant located at the graded area.
I am enclosing a copy of the letter received by the County. You can draw your
own conclusions about the representations made to DEMLR and the County on
the very same day.
• DEMLR knew when it modified the mining permit in February 2016, pursuant to
the above quoted representation, that the grading was for a possible future asphalt
plant. We are enclosing correspondence showing this fact.
• DEMLR reported contacts made by county officials to DEQ employees to try to
gather information about DEMLR permits and communications to the quarry
operator, D.J. Cecile. This courtesy was not extended to the County and we are
unaware of a DEQ policy authorizing such one-sided treatment, especially of
another part of State government charged with regulatory responsibility on the
same piece of land.' We are enclosing correspondence showing these facts.
• DEMLR issued an NPDES stormwater permit in the corporate name of the
proposed asphalt plant operator when the quarry was non -compliant with, at
least, its mining permit and probably with its NPDES stormwater permit covering
the same parcel of land. It should be noted that the person inquiring and pushing
for this new NPDES stormwater permit signed the letter delivered to the County
on June 5, 2015, six weeks earlier, saying he had enclosed the possible future
asphalt plant's NPDES stormwater permit. Of course, this was impossible
because the application for the NPDES permit was not received by DEQ until
June 9. We are enclosing correspondence establishing these facts.
' The County thanks Bridgen Munger, Craig Bromley and Doug Ansel for providing procedural guidance
and public records in a professional manner to the County during the County's ongoing investigation into
violations of County law. Citizens expect governments to work together for their protection and benefit.
Respectfully, the County requests the Department to cooperate with the County in enforcement of the
Mining Act and other state environmental laws. See, N.C.G.S. § 74-68.

The above is just a sampling of a long line of troublesome issues with this owner/operator
relative to both the quarry operation and the efforts made to place an asphalt plant on this
site.
The County recognizes that none of these actions occurred while you were Secretary and
that you had no involvement. We offer these facts to illustrate the reason that County
citizens are very concerned and why the County is requesting that DEQ revisit its past
decisions and make a strong effort to secure appropriate operational management of the
quarry site.
The County feels and is sensitive to the community pulse concerning this mining site.
The community pulse grows stronger day by day and the citizens' questions become
more direct and acute the longer poor management of this operation continues. At this
point, many in our community have concerns about the ability of DEQ to secure
appropriate operation on this site and certainly are worried about any new activities
regulated by DEQ and operated by this owner. These concerns do not come from just a
few citizens; there is concern in the community and in the County. Recently, the Trinity
Parish has signed a letter of opposition to the possible future asphalt plant and the
Winston-Salem Journal has been following this matter.
Hopefully, the foregoing information more fully explains the reason that the County and
its citizens are concerned and why they have lost confidence in the State's environmental
management programs.
Finally, the Board of Commissioners directed me to clearly state the County's
willingness to assist and support DEQ in connection with regulating the mining site.
Very truly yours,
John M. Kilby
Ashe County Attorney
cc: Bill Lane, NCDEQ General Counsel
N.C. DEQ Administration
1601 Mail Service Center
Raleigh, NC 27699-1601
Carolyn McLain, Assistant Attorney General
North Carolina Department of Justice
P.O. Box 629
Raleigh, NC 27602

Sheila Holman, Assistant Secretary for Environment
N.C. DEQ Administration
1601 Mail Service Center
Raleigh, NC 27699-1601
Tracy Davis, Director of DEMLR
N.C. DEQ Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, NC 27699
Jay Zimmerman, Director of DWR
N.C. DEQ Water Resources
1611 Mail Service Center
Raleigh, NC 27699

RESOLUTION SUPPORTING REOPENING THE AIR PERMIT AND STORMWATER
PERMIT FOR POSSIBLE FUTURE ASPHALT PLANT ON GLENDALE SCHOOL ROAD
AND REQUESTING AN INTERAGENCY INSPECTION OF THE LOT ON WHICH A
QUARRY AND POSSIBLE FUTURE ASPHALT PLANT MAY BE ESTABLISHED
WHEREAS, on February 26, 2016, the North Carolina Division of Air Quality approved a
permit for the construction and operation of a possible future asphalt plant to manufacture 300
thousand tons of asphalt per year at a site on the Glendale School Road in Ashe County (Possible
Future Asphalt Plant);
WHEREAS, the unique circumstances which exist at the site including an extremely
vulnerable population and a steep river valley —deserve special consideration in order to ensure
compliance with state and federal statutes for the protection of public health;
WHEREAS, the state is required "to ensure equality of opportunity... and to encourage and
enable all persons with disabilities to participate fully to the maximum extent of their abilities in
the social and economic life of the State." NCGS § 168A-2;
WHEREAS, the state Director of Air Quality has clear and explicit authority under state law to
reopen a permit upon becoming aware of credible air pollution information not previously
considered;
WHEREAS, an existing quarry is operating on the same lot as the Possible Future Asphalt Plant
that will be comprised of nearly thirty (30) year old used equipment (Lot);
WHEREAS, the owner of the existing quarry is the parent corporation of the owner of the Possible
Future Asphalt Plant and the manager of the Possible Future Asphalt Plant is a corporate officer
of the company operating the quarry;
WHEREAS, the quarry, the Lot and Possible Future Asphalt Plant are located in close proximity
and drains to the South Fork of the New River and the quarry site includes a perennial stream
flowing across the Lot and discharging directly into the South Fork of the New River,
WHEREAS, the South Fork of the New River is designated by State law as Water Supply IV -
High Quality Waters;
WHEREAS, the Town of Jefferson, downstream of this Lot, withdraws water from the South Fork
of the New River for use as their public water supply;
WHEREAS, the water quality of the South Fork of the New River is of essential value to the
County and its citizens;
WHEREAS, the South Fork of the New River flows into the New River and the New River is
designated in both federal and state law as a Natural Wild and Scenic River and the South Fork is
an engine of economic activity in Ashe County and a magnet for public recreation and visitors of
the County flock to the New River in pursuit of these opportunities;

WHEREAS, the County's official logo depicts the New River, recognizing the value County
citizens place on the New River and representing their steadfast commitment to preserving the
water quality of the New River;
WHEREAS, Ashe County citizens have been reporting to the NC Department of Environmental
Quality various water quality impacts from the noted quarry operation to both the perennial stream
flowing through the Lot and the South Fork of the New River:
WHEREAS, these water quality problems, arising from operations conducted by the quarry, have
been referred to DEQ's Division of Energy Mining and Land Resources (DEMLR) for nearly two
years;
WHEREAS, DEMLR has reported that it has, from time to time, conducted inspections of the
mining site in response to these complaints, however, citizens continue to observe and report water
quality impacts that reflect the source of these problems have not been properly addressed and
that new degradations to water quality are occurring;
WHEREAS, in addition to the issues related to these ongoing complaints, information available
from DEQ shows a pattern of chronic and acute compliance issues with the operation of the
existing quarry;
WHEREAS, DEQ issued a National Pollution Discharge Elimination System stormwater permit
to the operator of the Possible Future Asphalt Plant on this Lot while knowing that non-compliance
of state permits and federal law existed on the Lot associated with the quarry;
WHEREAS, the hearing officer for the Air Quality Permit hearing reported his finding of non-
compliance issues to the County and its citizens in October 2016;
WHEREAS, the County believes that DEMLR has had more than sufficient time to properly
address the concerns of County citizens and effect the correction of water quality degradation by
the quarry operator;
WHEREAS, State and Federal law impose duties and grant DEQ extraordinary powers to ensure
that past water quality degradations on the Lot are addressed by the quarry operator, future water
quality degradations are minimized, that water quality control measures are in place and properly
operated, and the requirements of the Federal Clean Water Act and the State Water Quality
Standards are recognized and enforced on the Lot;
WHEREAS, the County believes that DEQ possesses the authority under state and federal law to
require compliance on this site and to take strong actions to ensure continued operation of the
quarry activity so that it remains in compliance into the future:
WHEREAS, the County believes that DEQ should have used the compliance history of this site to
guide its decisions for future uses of this Lot and mining site and DEQ should not have issued an
NPDES stormwater permit for adding the additional and more hazardous use of the Possible Future
Asphalt Plant to the Lot;
NOW, THEREFORE, the Ashe County Board of Commissioners hereby resolves:

1. The County supports the pending request to reopen the NC Division of Air Quality air
permit for the Possible Future Asphalt Plant on Glendale School Road (Air Permit
10445R001).
2. The County requests DEQ to reopen the NPDES stormwater permit issued for the Possible
Future Asphalt Plant.
The County believes the Secretary of DEQ possesses sufficient authority to direct a
comprehensive interagency inspection, investigation and study of the Lot to identify all
activities, practices and structures on the Lot in non-compliance with State and Federal
laws, regulations and permit requirements and to direct a multi -media recording of the
inspection and the conditions on the Lot and complete documentation of findings,
conclusions and directives, including Notices of Violation and other orders and directives.
4. The County believes the Secretary of DEQ possesses authority to designate a lead agency
for this comprehensive interagency inspection, investigation and study of the Lot and the
Division of Water Resources of DEQ possesses greater capacity and experience to
investigate water quality degradation and the biological condition of the perennial stream
flowing across the Lot than DEMLR and the County believes that designating the Division
of Water Resources as the lead agency of the comprehensive interagency inspection,
investigation and study is appropriate and will reassure County citizens.
The County requests the Secretary to allow County staff to participate in the comprehensive
interagency inspection, investigation and study of the Lot and the County directs its staff
to assist DEQ by providing local office support, GIS support and local information as to
the Lot.
Further, upon approval, the County Attorney shall transmit a copy of this resolution along with an
appropriate letter to the Secretary of DEQ.
This the day of June 2017.
ASHE COUNTY BOARD OF COMMISSIONERS
nN

K.
June 3, 2015
Via hand delivery
Adam Stumb
Director of Planning
Ashe County
150 Government Circle, Suite 2500
Jefferson, NC29640
Dear Adam,
Eng
On behalf of my client, Appalachian Materials, LLC, a Tennessee limited liability company this
letter and the attached materials shall constitute Appalachian Material LLC's application for a
permit under Ashe County, NC Code of Ordinances Chapter 159: Polluting Industries
Development. This application is for an asphalt plant to be located off Glendale School Road In
�^ Glendale Springs, NC as indicated on the attached map and plans for your review. Based on the
requirements of Chapter 159 of the Ashe County PIDO, our application meets all requirements,
as follows:
1. As shown, the location of a polluting industry, both portable and permanent will not
be within 1,000 feet, in any direction, of a residential dwelling unit or commercial
building. The location of a polluting industry will not be within 1,320 feet of any school,
daycare, hospital or nursing home facility.
2. Permanent roads, used in excess of six months, within the property site will be
surfaced with a dust free material (i.e. 5oil cement, Portland cement, bituminous
concrete).
3. Material piles and other accumulations of by-products will not exceed 35 feet above
the original contour and will be graded so the slope shall not exceed a 45 degree angle.
4. No extraction will take place on the site, a security fence is not required.
S. The operation of this industry will comply with the Ashe county noise ordinance.
126 Executive Dr„ suite 220 Q sraffi±ubrec.btz
Wilkesboro. NC 28697 vr�w_brer,b�z

Attachments to application:
The North Carolina Storm Water General Permit
NC Mining permit permitting land disturbance
Air quality Permit application and Zoning Consistency request and self-addressed, stamped
envelope. ( please email me back the executed copy)
Appalachian Materials will forward a copy of the Air Quality permit issues by the NCDENR upon
receipt. Please note that no Federal permits are required for this project.
Prepared By:
BREC, P.A.
126 Executive Dr. Suite 220
Wilkesboro, NC 28697
NCBELS Firm #C-3448
Prepared For:
Appalachian Materials, LLC
P.O. Box 2071
Project Site:
Approximately at 1073 Glendale School
Rd.
Glendale Springs, NC
Parcel k: 12342-204
Deed Book/Page:359/1C34

From: DaV1S. Tracy
To: DJPtll
Cc; Vinson Tnbv; Boy r. un t wnh`et_ dry; GantL Matt; Latham. Tim
acc: Davis. Tracy
Subject: RE: permitting question
Date: Thursday, Apnl 28, 2016 6:08:00 PM
Mr. Cecile,
As you are aware, the asphalt plant is within the mining permit boundary and covered by the mining
permit conditions. As such, it will be regulated under the Mining Act and is therefore exempt from
the Sedimentation Pollution Control Act and its requirements.
Thanks, Tracy
From: D.J. Cecile[mailto:[e-mail]]
Sent: Thursday, April 28, 2016 11:12 AM
To: Davis, Tracy <[e-mail]>
Cc: Vinson, Toby <[e-mail]>; Boyer, Janet <[e-mail]>
Subject: permitting question
Dear Tracy:
It is my understanding that we are not required to obtain a separate sediment and erosion
control permit for our asphalt plant since the asphalt plant is covered under Mining Permit
No. 05-05. Would you please confirm that this is correct?
Thank you.
DJ
-----------------------------
D. J. Cecile, A.M., Ph.D.
Vice President / CFO
Radford Quarries, Inc.
P.O. Box 2071
Boone, NC 28607
Telephone: [phone]
Direct Dial: [phone]
Facsimile: [phone]
Email: dj it C@radfordgnarri c rom
Website: www.radfordnuarrips rnm
This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential
or legally privileged information. If you are not the intended recipient, or a person responsible for
delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution
or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you
have received this transmission in error, please immediately notify us and destroy the e-mail without
reading or saving in any manner. Thank you.

From: Vinson. Toby
To: n I rodi
Cc: Davis Tram; Bover. ]are[; Gantt. Matt; Latham Tim; Wehner. Judy
Subject: Re: aspralt plant
Date: Wednesday, April 27, 2016 11:35:54 AM
Nune hear either
Toby Vinson, Section Chief
Dept of Environmental Quality
Div of Energy, Mineral, and Land Resources/Land Quality Section
Toby _vinson ncdenr.gov
919-707-9222
On Apr 27, 2016, at 10:16 AM, D.J. Cecile <di it r dford uarries.com> wrote:
Good morning to All.
I would appreciate very much being informed of any calls, letters, or emails from
anyone in the Ashe County government in reference to my planned asphalt plant,
as permitted under 05-05. I am interested in this information from the date of
issuance of the modification through the present date.
Thank you.
DJ
D. J. Cecile, A.M., Ph.D.
Vice President / CFO
Radford Quarries, Inc.
P.O. Box 2071
Boone, NC 28607
Telephone: [phone]
Direct Dial: [phone]
Facsimile: [phone]
Email: dicecileCa radfordouarr
Website: www.radfordquarries.com
This e-mail, and any documents, files or previous e-mail messages attached to it may
contain confidential or legally privileged information. If you are not the intended recipient,
or a person responsible for delivering it to the intended recipient, you are hereby notified
that any disclosure, copying, distribution or use of any of the information contained in or
attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission
in error, please immediately notify us and destroy the e-mail without reading or saving in
any manner. Thank you.

From:
Davis. Tracy
To:
W bl2eL liirly t Ur t ; Vinson; Toby; Rrn_r lanrt fan Matt Latham. Trn
Bcc:
Davis. Tracy
Subject:
RE: asphalt plant
Date:
Wednesday, April 27, 2016 10:56:00 AM
I have not received any calls or letters from Ashe County.
Tracy
.. .....................
...._._.._....-
From: Wehner, Judy
Sent: Wednesday, April 27, 2016 10:34 AM
To: D.J. Cecile <[e-mail]>; Davis, Tracy <[e-mail]>; Vinson,
Toby <[e-mail]>; Boyer, Janet <[e-mail]>; Gantt, Matt
<[e-mail]>; Latham, Tim <[e-mail]>
Subject: RE: asphalt plant
I have not received any calls or letters,
From: D.J. Cecile imailto:dicecile a@radfordq,arr es comt
Sent: Wednesday, April 27, 2016 10:16 AM
To: Davis, Tracy <tr�a ,y.davis(@nc_denr;¢ov>; Vinson, Toby <toby.vinson(@ncd nr gr)v>; Boyer, Janet
<j n oy r@n d nr.gov>; Gantt, Matt <matt.gantt@n d nr gov>; Latham, Tim
<tim.latham(a-ncde r,,gQy>; Wehner, Judy <" n n >
Subject: asphalt plant
Good morning to All.
I would appreciate very much being informed of any calls, letters, or emails from anyone in
the Ashe County government in reference to my planned asphalt plant, as permitted under 05-
05. 1 am interested in this information from the date of issuance of the modification through
the present date.
Thank you.
DJ
----------------------------
D. J. Cecile, A.M., Ph.D.
Vice President / CFO
Radford Quarries, Inc.
P.O. Box 2071
Boone, NC 28607
Telephone: [phone]
Direct Dial: [phone]
Facsimile: [phone]
Email: dicecileftradfnrdnimrrl
1► . .t.. r_. . •. •u

This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential
or legally privileged information. If you are not the intended recipient, or a person responsible for
delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution
or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you
have received this transmission in error, please immediately notify us and destroy the e-mail without
-ending or saving in any manner. Thank you.

Riddle, Rick L
From: Riddle, Rick L
Sent: Thursday, June 25, 2015 1.22 PM
To: 'Derek Goddard'
Cc: Pickle, Ken
Subject Additional information Request - Glendale Springs Plant
Hello Derek,
This is a request for additional information on your stormwater permit submittal for the Glendale Springs Plant In
Boone, NC. In going through the application and plan for the Glendale Springs site I came across several deficiencies
that need to be addressed so that NCDENR can have a better understanding of what we are permitting. The following is
a list of items that need to be addressed:
• Street address of plant (question 2 of application)
• Correct Latitude & Longitude of plant location (question 4 of application)
• The "settling pond and stilling basin" needs to be shown on the site diagram as stated on the answer for
Question #10 in the application, page 2 of 4.
• Site diagram also needs to show (as listed on checklist on page 4 of 4 of application)
o Stormwater management structures
o Outline of drainage areas
o Location of stormwater outfalls (application says seven and only one is shown) corresponding to which
drainage areas.
o Runoff conveyance structures
o Impervious areas
o Detail about activities taking place in the existing process areas (question 7 b)
To better understand the site for permitting, the site diagram needs to show clearly the physical facts of runoff
generation, conveyance, and discharge. After making the corrections above, please mail two full size copies of the
drawings to my attention. NCDENR can continue with processing the application once the above items have been
properly addressed.
Please contact me with any questions or comments.
NCDENR / DEMLR / Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury Street, Raleigh, NC 27604
919 / 907-6375; 919 / 807-6494 (fax)
Website: http:i/portal.ncdenr.orriwebtINstonmvater
E-n,pil eartrt/wnc oily to and frrun this ackh-exx nwr bt sublva to Mt.: -wall Cat ('1ntc Porblx R(TOrds 1'01- anti nm he Jb Ased !a thtrd}xurirs
From. Derek Goddard [mailto:[e-mail]]
Sent: Wednesday, June 24, 2015 7:59 AM
To: Riddle, Rick L
Cc: Pickle, Ken
Subject: Re: FW: SW Permitting Questions
Thank You.

On Tue, Jun 23, 2015 at 4:19 PM, Riddle, Rick L <rick,riddle(ii).ncdenr siov> wrote:
Derek,
We did receive the application for Glendale Springs Plant in Boone, NC in Ashe County on June 9. 1 have begun my initial
review and will send you a response shortly with some questions. I will be out of the office until Thursday.
IG(:4a7fe mil. �(�i�L �:1.. SLnill!(urllrr. �+f4UlCf2
NCDENR / DEMLR / Stotmwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury Street, Raleigh, NC 27604
919 / 807-6375; 919 / 807-6494 (fax)
Website: htip/Dortal.ncdenr.or,!wch'Ir.-stormwotcr
E.okn; Iv I,hI n on( fins address u(rT be suhlcav m the North r:/ruhlxr puhitc Rccords lov 0M 'I'm- be disclosed ;n dr.rd puriws.
From: Pickle, Ken
Sent:: Tuesday, June 23, 2C15 4:05 PM
To: Riddle, Rick L
Subject: FW: SW Permitting Questions
Rick,
Did Bradley give you a new NCG16 application for Appalachian Materials?
From: Pickle, Ken
Sent: Tuesday, June 23, 2015 2:15 PM
To: 'derekCa orec.biz'
Cc: Weaver, Charles; Bennett, Bradley; Georgoulias, Bethany
Subject: FW: SW Permitting Questions
Hi Derek,
1. On the asphalt plant: our database does not show any asphalt plant applications (Our General Permit NCG16)
pending in Ashe County under the key words, `Appalachian' or `Materials".
2