20140727 Ver 1_Hanson Quarry Vested Rights Docs_20150213

. ..............
Crabtree Quarry
Vested Rights
Mary Penny Kelley
Of Counsel, Styers & Kerrierait
February 13, 2015
Location
—77
'i-
Vested Rights Criteria
1) Substantial Expenditures
2) Made in Good Faith
3) In reliance on Governmental Permit
4) With a Detriment Resulting from Compliance with
the Rules
0
2/13/2015
1

Wake Stone Precedent
• DWQ letter recognizing vested rights at Wake Stone
Quarry simply referencing permit limits and site plan
• AG's Opinion on 4 factors
I Substantial expenditures capital investment
z Good faith Mining Permit and modifications
3 Rehanceon gov't permits "from the initiation of
mining activities in Nash County, Wake Stone relied
on governmental permits in pursuit of this enterprise"
4 Detriment ability to fully develop the quarry
ake Stone vs CrahtrPP nt,arr.,
7
Diminishing Assets
• Quarrying involves unique use of land
• Excavation and sale, not just uses incidental to land
• land will be gradually excavated in order to provide
supply
• leave areas in reserve until actually needed
• Contemplates the continuance of mining until entire
mineral reserve extracted
2/13/2015
2
Substantial E>rpenditurea=
',
Capital costsvag`� w <
Cipttal cos "ts ,r-
p m ",a kT�
:`
""
Sitest6dlesindwetlands
Design /eonsi °offacditlee`
t''
Sttestudtes
Design /6 stoffacdiies
" �
Mfningequlp'
M46ingequ1 ' �-
.d?�F. -x+.£�
., 6'�
"x4
0ptrahoH exP,since ig49,
Good Forth - �, t
"''; -
permitsrecd poor to
zuoo rules e(fectrvedate
Permrtsrecd pnoi[oi997
rules effective date,
Reliance Go'v't Pehmts' :,,
' 9w
ist Mmmg P"eimit 1989
ltegistrahon i97o-
X1'1
�g^iv+
MiningModif iggI.,
Mimng Modif
CNMmitigPerm it' 97i
�3
r997,w%
Mining Renewalsr96s, �z�
WQapprovalwetlanda
tggz(alsozoozandmii)'
City Raleigh it agmt,
Detriment ✓_
Ability to fully develop
Ability to fully develop -
(mitigation cost and, -,
(mitigation cost and'
"
topography) ,_ b —f.
topography) xc ,
7
Diminishing Assets
• Quarrying involves unique use of land
• Excavation and sale, not just uses incidental to land
• land will be gradually excavated in order to provide
supply
• leave areas in reserve until actually needed
• Contemplates the continuance of mining until entire
mineral reserve extracted
2/13/2015
2

Intent to Mine (narrow reading)
• Diminishing asset exception should not swallow the
nonconforming use rule
• McDowell Must be some outward manifestation of intent,
not merely an unexpressed intention or hope
• Moore allowed to expand from active 6 acres to entire 20
acres b/c fenced entire property except at stream, contract for
dirt removal, slow and steady increase
• Ltkdnchuk not allowed to expand b/c activity confined to one
of four lots, no systematic expansion, primary use was auto
salvage yard, and mining was incidental
• Wolfeboro addresses instance where owner sought
grandfathermg to mine without first obtaining a permit
we
Crabtree's Intent to Mine -1997
• Permits with northern boundary substantially the same as
in 1972 with renewals in 1982, 1992 (and 2002, 2012)
• Full site used in mining operations even if not under active
excavation
• Processing plant and primary crusher
• Process water facility, settling ponds and waste stockpiling
areas
• stockpile of finished products for sale to customers
• Entrance, scales, office, roads
• Aggressive pursuit of rights to mine full extent of property
when Raleigh initiated zoning actions in 1985 until settled
in 2014
Requested Relief
• Acknowledge vested rights similar to Wake Stone
decision
• Acknowledge vested rights under diminishing assets
theory
2/13/2015
3

State of North Carolina
Department of Natural and Economic Resources
Office of Earth Resources
Mining Division
Application for a Mining Permit
Article 7 of Chapter 74 of the General Statutes of North Carolina, "The
Mining Act of 1971" —After July 1, 1972, no operator shall engage in
mining without having first obtained from the Department an operating
permit which covers the affected land and which has not terminated, been
revoked, been suspended for the period in question, or otherwise become
inva 1 i_ d -
1. Name of Mine Crabtree Quarry
2. Name of Company Nello L Teer Company
3. Home Office Address P. O. Box 1131
County Wake
Durham- North Carolina 27702
4. Permanent address for receipt of official mail Same as Above
Telephone 910/6R2. -6191
S. Mine Office Address 5001 Duraleigh Road, Raleigh, North Carolina
27612 Telephone [phone]
6. Mine Manager Hugh B. Hooks
We hereby certify that all details
contained in this Permit Applica-
tion are true and correct to the
best of our knowledge. We fully
understand that any willful mis-
representation of facts will be
cause for per ' � revocation.
*Signature
"�-'�%
Nello L. Teer, Jr.
Title President
Date June 15, 1972
*Signature of company officer required,

APPLICATION FOR A MINING PERMIT
A. General Characteristics of Mine.
I.
Total acreage at site for which permit is requested.
Acres owned 182.4 Acres leased 51.1
2.
Materials mined: Granite (Coi-nmercial Quarry)
3..
Mining method: Hydraulic Dredge Underground
Shovel and Truck n Dragline and Truck Self- loading Scraper
Other
4.
Present depth of mine 150
5.
Expected maximum depth of mine 200+
6.,
Area of previous activity: (Identify these areas on your mine map.)
a. Area of previously affected land at present site that is
inactive as
of July 1, 1972: None
,
b. Acres previously reclaimed at present site None
B„ Determination
of Affected Acreage and Bond.
1.
Number of years for which permit is requested 10 (10 years
maximum).
2.
Total affected acreage:
a. Area used for tailing ponds
3 acres
b. Area used for stockpiles
12 acres
C Area used for waste piles
4 acres
d. Area used for processing plants
10 acres
e. Area of active mine excavation as of July 1, 1972
60 acres
f. Estimate annual acreage of new land disturbed by
mining 0
g. Estimate total land disturbed by mining that is
subject to reclamation by multiplying Item 2f by 3=
0 acres
TOTAL OF 2a through 2g
89 acres

",'.APPLICATION FOR A MINING PERMIT
C.
3. Check acreage to be bonded: Total affected acreage figure from B,
2 equals acreage to be bonded.
4. Will your company file a blanket bond covering all of its mining opera-
tions in North Carolina? Yes v No
Check the amount of blanket bond:
$2,500 $12,500
$5,000 $25,000
1. What aspect of your mining operation may have significant effect on wild-
life, or freshwater, estuarine or marine fisheries?
None
2. Is there a waste water discharge from your plant or mine?
Yes L1 No D
If yes, indicate the approval document number issued by the Office of Water
and Air Resources, Department of Natural and Economic Resources.
Permit No. 1922 Expiration Date June 30, 1975
b. Is there an air contaminant emission from your mine or plant?
Yes El No 0
If yes, indicate the approval document number issued by the Office of
Water and Air Resources, Department of Natural and Economic Resources,
ration Date
3. If your mining excavation will come within 300 feet of any neighboring
N
0
- 4.99 acres
($ 2,500
bond)
5
- 9.99 acres
($ 5,000
bond)
10
- 24.99 acres
($12,500
bond)
®
25+
acres
($25,000
bond)
4. Will your company file a blanket bond covering all of its mining opera-
tions in North Carolina? Yes v No
Check the amount of blanket bond:
$2,500 $12,500
$5,000 $25,000
1. What aspect of your mining operation may have significant effect on wild-
life, or freshwater, estuarine or marine fisheries?
None
2. Is there a waste water discharge from your plant or mine?
Yes L1 No D
If yes, indicate the approval document number issued by the Office of Water
and Air Resources, Department of Natural and Economic Resources.
Permit No. 1922 Expiration Date June 30, 1975
b. Is there an air contaminant emission from your mine or plant?
Yes El No 0
If yes, indicate the approval document number issued by the Office of
Water and Air Resources, Department of Natural and Economic Resources,
ration Date
3. If your mining excavation will come within 300 feet of any neighboring
N

APPLICATION FOR A MINING PERMIT
dwelling house, school, church, hospital, commercial or industrial
building, public building or public road, describe methods -to prevent
physical hazard to such features.
The mining excavation is within approximately 300 feet of Duraleigh Road.
No other buildings or institutions are involved. A barrier berm has been
constructed between the excavated area and Duraleigh Road. Modern de-
lay techniques and maximum charges are used to control blasting to eliminate
any noise or vibration hazards to adjacent areas. Blasting is only performed
during specified times on each day. Blasting is not performed when weather
conditions are unfavorable. Weather conditions considered are: wind direc-
tion and velocity, inversions, humidity and other pertinent factors that would
effect noise and vibration during blasting.
4. Describe measures to be taken to insure against (1) substantial deposits
of sediment in stream beds or lakes, (2) landslides, (3) acid water
pollution.
To eliminate erosion and siltation, erodible areas will be or have been pro-
tected in accordance with the revegetation plan detailed with this Application.
The water used for washing aggregates is processed through a series of settling
basins with a controlled discharge. The settling basins are so constructed that
any accumulation of silt can be excavated by dragline methods and-disposed of
in waste area; all in accordance with the wastewater collection ancf treatment
facilities as approved by the North Carolina Board of Water and Air Resources
under Permit No. 1922.
The quality of the wash water is periodically analyzed for turbidity, suspended
solids and pH. The washing of the crushed granite does not effect the chem-
istry of the wash water in any way.
To prevent land slides, erodible slopes in disposal areas and adjacent to the
excavation will be at a gradient no steeper than lz:l, and will be protected
in accordance with the revegetation plans included herein.

Reclamation Plan
I. Describe your intended plan for the reclamation and subsequent use of
all affected lands and indicate the general methods to be used in re-
claiming this land.
The reclamation plan is to return the site to a natural state when operations
are terminated. A master plan has been developed and systematically as
quarrying continues it is directed towards this plan. In general, the lower
portion of the pit area will be permitted to fill with water; the settling basins
will be cleaned of silt and made into ponds. The pit area pond and settling
basins will be stocked with fish and other aquatic life. All disturbed areas
will be developed and restored as set forth in the revegetation plan. It is
envisioned that the restored quarry site will be of an open space concept;
picnicking, hiking, sightseeing, fishing and swimming are a few of the
activities that could go Qn in this area.
2. Indicate what practices you will take to protect adjacent surface resources.
Adjacent resources will be protected by the stabilization of erodible slopes
as set forth in the revegetation plan. Wash water will be treated in settling
basins as hereinbefore described.
3. State the method of prevention or elimination of conditions that will be
hazardous to animal or fish life in or adjacent to the affected areas:
Fish life in the Crabtree Creek will be protected by the above described
methods. To insure adequate protective cover and food for animal life,
only the necessary area required to economically operate the quarry are
being disturbed. When possible, the existing trees and vegetation are
allowed to remain.
In disturbed erodible areas, the revegetation plan prescribes the planting
of sericea lespedeza and in some locations pine trees. These will provide
food and protective cover for animal life in the general area.
d. Describe provisions for safety to persons and to adjoining property in all
excavations in rock.
All excavation in rock is in excess of 300 feet from any adjacent property.
Protection of the nearest property is detailed in paragraph 3 of the Applica-
tion for A Mining Permit. The entrance roads to the quarry are protected
by a substantial metal gate which is locked at all times when the quarry is
not operating. To provide safety to persons the periphery of the excavation
area will be protected by massive boulders. To insure stability of the rock
slopes the excavation is being performed in approximately 30 foot benches
with an appropriate safety ledge between each bench.

Reclamation Plan
5. Describe plans, if any, for screening operations from public view.
Parallel to the east limits of the quarry excavation, a barrier berm has
been planted in pines and lespedeza and screens the quarry operation from
public view along Duraleigh Road.
6. State the method of rehabilitation of settling ponds if to be reclaimed
during the life of the permit.
It is not intended that the settling basins will be reclaimed during the life
of this permit. Should for any unforeseen reasons it,would be necessary
to abandon this quarry prior to the ten year tenure of this permit, the
settling basins will be cleaned out and developed into useable ponds as
described above.
7. State the method of control of contaminants and disposal of mining refuse:
All of the crushing and processing equipment uses electricity for a source
of power. The only fuel used is in the excavating and hauling equipment.
This is principally diesel fuel which is stored in underground tanks and dis-
pensed directly into the equipment. Lubricating oils removed from equip-
ment at oil change periods is utilized for dust control on quarry travel ways.
There are no chemicals involved in this operation. Metallic scrapes and
similar wastes are transported off the quarry site for disposal through other
commercial agencies. The debris that may result from clearing operations
is buried in disposal areas. All strippings are placed in protective berms
or in disposal areas in accordance with the master reclamation plan.
8. Indicate the method of restoration or establishment of stream channels and
stream beds to a condition minimizing erosion, siltation and other pollution:
Slopes of banks of Crabtree Creek adjacent to the Plant are protected with
dumped rock rip rap. Any accumulations of silt in the Creek are periodically
cleaned out.

Reclamation Plan
9. Describe provisions for prevention of noxious, odious or foul water collect-
ing or remaining in mined areas.
During the active life of the quarry, the pit area is continuously dewatered
by using pumps. Settling ponds are kept fresh by the continual intake and
discharge of wash water from the process operation. Ultimate reclamation
of the settling basins and pit area was hereinbefore described.
T
10. Describe how the surface gradient in unconsolidated materials will be re-
stored to a condition suitable for the proposed subsequent use of the land
after reclamation is completed and proposed method of accomplishment:
In general, no unconsolidated materials will exist on the site. As strip -
pings are placed in the disposal areas it is compacted by the hauling and
spreading equipment. In these areas as well as other erodible areas, the
slopes and gradients will be compatible to the revegetation plan herein
described.

Reclamation Plan
11. Describe your plan for revegetation or other surface treatment of the
affected areas. Note requirement of Regulation Number 1.
See Attached Sheet
Revegetation and /or reforestation plan approved by:
Signature
Title
Agency
Date

WAKE
A
maw=
District
Soil and VIVater Conservan on 111 Me=
OUR SO[1
P. Q. Box 1226 o Raleigh, N. C. 27602
June 13, 1972
TO WHOM IT MAY CONCERN:
This plan to re-establish vegetation at the Crabtree Quarry,
located in the Wake Soil and Water Conservation District has
been reviewed and approved by me. The approval is based on a
-request by representatives of the owner company and their
expressed desire to control erosion and sediment during and at
completion of mine at this site.
The District Board encourages the company to apply the measures
planned as quickly as possible and as scheduled. Technical
assistance is available through the District Program and we hope
that you will contact us if problems arise or changes in the
plan are needed.
Sincerely,
Roy mole, 1 e, Chai-rman

NC- CONS -2 U.S. DEPARTMENT OF AGRICULTURE
12 -70 SOIL CONSERVATION SERVICE
SOIL MAP LEGEND
Name Crabtree Quarry Address Duraleigh Rd., Raleigh, N.C._Z,p_
SOILS ON THIS UNIT OF LAND ARE:
MAP SYMBOL
MAPPING UNIT
AgB2
Applying gravelly sandy loam 2 to 6 percent slopes, eroded
ApD
Applying sandy loam,
10 to
15 percent slopes
CeD
Cecil sandy loam, 10
to 15
percent slopes
Cer
Cecil sandy loam, 15
to 45
percent slopes
CgB2
Cecil gravelly sandy
loam,
2 to 6 percent slopes, eroded
CgC
Cecil gravelly sandy
loam,
6 to 10 percent slopes
CgC2
Cecil gravelly sandy
loam,
6 to 1.0 percent`slopes, eroded
Cm
Chewacla soils
Co
Congaree fine sandy loam
Ma
Made land
Me
Mantachie soils
WKE
Wake soils, 10 to 25
percent slopes
INTERPRETATIVE INTERPRETATIONS OF SOILS
GROUPINGS
Area to be treated are principally mixed overburden
from many of the above soils. The general. condition will
make establishment of vegetation difficult and should
be treated as infertile, low organic, low water holding
capacity and unstable soils.
DIDA IMMRI -- 11% I"-

NC-- C.'DNS- I U.S. DEPARTMENT OF AGRICULTURE
12 -70 SOIL CONSERVATION SERVICE
CONSERVATION PLAN MAP LEGEND
Name 1KEA'A r0—g' J- t1�,� — Address �x9_ � alelff; Wk Zip
FIELD
NO
ACRES
LAND USE
Land Use Boundary Within Field
Field Number ...... .........
Private Road .................
---- - °m ® °®
Public Road ..................
Buildings ....................1
I 63
HOUSE CHURCH SCHOOL
Perenn is I Stream . ........... .
sw
Intermittent Stream .............
0e np-J.-
9 1/5- 1 .wa& d fa ;. --/
I
MAP SYMBOLS
Farm Boundary ......... I ......
Field Boundary........... . .
Land Use Boundary Within Field
Field Number ...... .........
Private Road .................
---- - °m ® °®
Public Road ..................
Buildings ....................1
I 63
HOUSE CHURCH SCHOOL
Perenn is I Stream . ........... .
Intermittent Stream .............
Vegetative Waterway ............
EXISTING
PLANNED
Fence ........... -XX-
/ /-
Terrace .... I .....
-Y- -T -).--�
Diversion ......... -D -a -D-
- > -D -sP-
Open Drain ........
Tile Drain.........
_
Pond ............
.
Excavated Pond .....
Field Border........ - o
- -o --
Firebreak ......... —F —F—
-- F - -F --

NC.0 ON S -S
p -71
U 5 OEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR Crabtree Quarry
ASSISTED BY E. 2. Waller, Jr.
DATE June 13, 1972
FIELD
NUMBER
PLANNED
APPLIED
LAND USE AND TREATMENT
MONTH
AMOUNT
YEAR
AMOUNT
AND
YEAR
P
ri odi c
l ly
2
25
1972-78
Place overburden to form slopes along creek 2:
or flatter. Where not practical to shape to
this slope, treat with rip -rap rather than
vegetation.
Also shape with diversions to direct runoff
into stabilized outlets.
Prior to seeding, broadcast 4000 lbs. of
agricultural limestone and 1000 lbs. of 10 -10 -'
fertilizer per acre. Work into top 3 to
For permanent seeding, use the following mixtui
of materials per acre:
1. From March 15 to June 30
a. 40 lbs. of scari-FieJ sericea
b. 5 lbs. hulled bermuda
c. 5 lbs. of weeping lovegrass
2. From September 15 to January 1
a. 60 lbs. of unscarified sericea
b.- 5 lbs. of unhulled bermuda
c. 20 lbs. of tall fescue grass
Cover and firm following seeding. Mulch with
straw or old hay using 2500 lbs. per acre.
Where temporary seeding is needed to provide
cover for any area to be exposed as much as 90
days, or due to season, apply lime and fertiliz
as recommended for permanent seeding.
Use the following seed mixtures per acre for
temporary vegetation:
1. Late winter and spring
a. 2 bu. of rye
b. 30 lbs . of ryegrass
2. Summer
a. 45 lbs. of sudan grass
b. 4 lbs. of weeping lovegrass
OSpA lC1 TORT 40R]M TE[ 1.]1
N
to

N C.CONS.8
2-71
PLANNED
FIELD
NUMBER AMOUNT YEAR
2
5
1972
2400 Ft. 1973
35 Ac. 1973
5 1 1800 Ft.
5
2 No. In
1 No.
1973-74
stalls
1973
3 &4 55 Ac.
6 7 Ac. 1972
1 & 7 109 Ac.
OSOA ICS FO.T rOKTM TIX IM
U S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
APPLIED
MONTH LAND USE AND TREATMENT
AMOUNT AND
YEAR
COOPERATOR Crabtree Quarry
ASSISTED BY
DATE Page .2
3. Late summer - early winter
1. 1 bu. of rye
2. 20 lbs. of ryegrass
Stabilize outlets to divert surface water down
slopes along road with rip -rap.
Following seeding of slopes, plant loblolly pin,
seedlings at 4 x 4' spacing, at least 3 rows.
Continue berm along state road edge, s tabilizin
and planting slope to at least 2:1 or use rip -
rap if necessary to have steep slopes.
Install diversions to divert surface runoff
into old pit at such time operations move to
Field No. 4 or sooner, if possible.
Maintain settling basins, removing deposits as
necessary to provide adequate storage area.
Install third basin and maintain accordingly.
Maintain vegetation along southern borders of
this area on slopes of Crabtree Creek.
Borrow pits and areas of operation.
Site of asphalt plant, presently under lease to
second party. Stabilize abandoned settling
basin on bank of Crabtree Creek in manner
described for Field No. 2.
To remain in woods for next ten years.
This pl n is to be reviewed at least annually to
determiie adequacy and need for revision in order to
reduce sediment leaving the site.

I
NC- CONS -4 SOIL MAP
1 -71
' a
i Approx. Scale 1"
}
Prepared By
USDA, SOIL CONSERVATION SERVICE COOPERATING WITH THE N. C. AGRICULTURAL EXPERIMENT
STATION AND THE SOIL & WATER CONSERVATION DISTRICT
Owner 4eo!!U6�$ .;f70° � Operator Date
---'
i County C-- -State =� Sheet & Code No.G
F
l{
i
f
USDA SCS FORT WORTH TEX 1971
y
1
�/ �_ �`
l'cf lit i
•its, /may
^\
F
l{
i
f
USDA SCS FORT WORTH TEX 1971

i
e
r
lip
C4 i
o rz�
PAI IfICAM At C.
IVO -6 Seale
Grve Awed 4feey'914

' Reclamation Plan
12. Provide a time schedule that meets the requirements of Section 8 of this Act.
The present quarry pit has been developed in general to its ultimate limita-
tions. Revegetation is applicable to erodible areas that have been disturbed
prior to the effective date of the Mining Permit. The earth type berm which
has been developed along the east side of the quarry parallel to Duraleigh
Road has previously been seeded in sericea lespedeza and now has a reason-
able growth. This berm has also been planted with loblolly pine. An ac-
ceptable growth has developed. Periodically in the early Fall of 1972, some
maintenance revegetation work will be done.
The dikes and slopes of the settling basins have previously been seeded in
fescue grass. This has developed a reasonable stand of revegetation. Main-
tenance reseeding will be performed in the Fall of 1972.
Other erodible areas designated on the revegetation plan will be planted in the
Fall of 1972.
The purpose of planting all of these areas as soon as possible is to minimize
and /or eliminate erosion and siltation to Crabtree Creek and adjacent areas.

LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives
the right of entry and travel upon our lands or operation during
regular business hours for the purpose of making necessary field,
inspections or investigations as may be reasonably required in the
administration of this Act, so long as the Department or its appointed
representatives are accompanied by an agent or representative of our
Company.
We further grant to the Department or its appointed representatives
the right to make whatever entries on the land as may be reasonably
necessary and to take whatever actions as may be reasonably necessary
in order to carry out reclamation which the operator has failed to
complete in the event a bond forfeiture is ordered pursuant to Section 14.
}
*Signed
Nello L. Teer, Jr.
Title President
Mine Crabtree Ouar
Company Nello L. Teer Company
*Signature should be the same as the officer who signed the application for
a permit,

ROY C:OOPFR
All ORNEI' GE\EIt -\L
Via Fax and Mail
Ms. Cyndi Karoly
Division of Water Quality
Wetlands /401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Fax: [phone]
r
y 4 si n
t
State of north Carolina
Department Of 11,15tice
9001 Mall Service Center
RALEIGI -I, NORTI 1 CAROLINA
27699 -9001
July 8, 2006
Re: Wake Stone Corporation Nash County Quarry
Tar - Pamlico River Riparian Buffer Rules,
Vested Rights Determination
Dear Cyndi:
Reply to
Donald W Laton
Environmental Division
Tel [phone]
Fax [phone]
p@mowmp
JUL 2 1 2005
DENR - WATER QUALITY
WETLANDS AND STOR6tWATER BRANCH
The review of the materials that you provided along with your request for advice on the
existence of vested rights by Wake Stone has been completed. The project reviewed involves the
Nash County Quarry.' Although the vested rights concept is generally limited to zoning
ordinances, it has been extended to other development regulations such as State - promulgated
Neuse River Buffer Rules. See 1998 N.C. Sess. Laws 221. Vested rights, through the broader
doctrine of equitable estoppel, apply to the Tar - Pamlico River Buffer Rules. The common law
criteria for such rights have been set out below for your convenience:
(1) Substantial expenditures or contractual obligations incidental to the project
incurred prior to the change in the law;
(2) Expenditures or obligations incurred in good faith;
(3) Expenditures or obligations made in reasonable reliance upon governmental
permits or approvals; and,
(4) Detriment as a result of the amendment to the law.
1 This is an advisory letter. It has not been reviewed and approved in accordance with procedures for issuing an
Attorney General's Opinion

Wake Stone Corporation Nash County Quarry
July 8, 2005
Page 2
Browning- Ferris Industries v. Guilford County Board ofAdjustment, 126 N.C. App. 168, 484
S.E.2d 411 (1997).
As you will recall, you submitted numerous site plans for this quarry, as well as Mining
Permit No. No. 64 -11 and its several modifications, various correspondence from DWQ
including a 401 certification determination, and a chronology of the actions taken by Wake Stone
and DENR in this regard.
From the analysis of the materials submitted, the four common law vested rights
requirements have been satisfied. First, according to the report submitted by Wake Stone,
substantial expenditures have been made, a capital investment of $12, 835,525.00 from 1990 to
December 21, 2000. Second, Wake Stone has acted in good faith as they received the Mining
Permit and modifications before the Tar - Pamlico Riparian Buffer Rules ( "the Rules ") became
effective. Third, from the initiation of mining activities in Nash County, Wake Stone relied on
governmental permits in pursuit of this enterprise. Fourth, Wake Stone has demonstrated that it
would suffer a detriment if the Rules are imposed. Specifically, a review of the Site Plan of the
proposed expansion of the mine indicates that Wake Stone's ability to fully develop the quarry as
originally planned and permitted would be limited to Wake Stone's detriment by application of
the Rules.
Wake Stone, having satisfied the four common law vested rights requirements,
has a vested right with respect to the Nash Quarry and the enforcement of the Tar - Pamlico
Riparian Buffer Rules thereon, in my opinion. This letter is not an opinion as to whether or not
the current proposal is within the conditions of any existing 404 Certification issued by the U.S.
Army Corps of Engineers or whether a further certification by it would be required.
Thank you for your attention to this matter.
Sincerely,
T :� Donald . Laton
Assistant Attorney General
J \F1oor3 \DATA \WP\EP\Dlaton \Vested Rights Advice to DENR \Wale Stone Leaer to DWQ wpd

Wake Stone Corporation
Quarry Phone Numbers:
919 /266- 9266 —Kn i g htd al e
919/677-0050—Triangle
919/775- 7349 — Moncure
252/985- 4411 —Nash County
843/756- 3400 —N. Myrtle Beach
Locations:
U.S. 64 East, Raleigh, N.C.
1 -40 at Harrison Ave., Cary, N.C.
U.S. 1 at Deep River, Moncure, N.C.
SR 1527 at 1 -95, Gold Rock, N.C.
3990 Hwy. 9 Bus. East, Loris, S.C.
April 20, 2005
By Hand Delivery
Debbie Edwards
NCDENR – Division of Water Quality
Wetlands and Stonnwater Unit
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
RE: Wake Stone Corporation Nash County Quarry
Request for Vested Rights Determination
Ms Edwards:
Business Office Address:
P.O. Box 190
Knightdale, N.C. 27545
919/266 -1100
Fax [phone]
www.wakestonecorp com
In November of 1989, Wake Stone Corporation identified and permitted reserves
for a rock quarry in Nash County with an expected life of 50 to 75 years. During the past
15 years of operating the quarry, we have initiated and received a number of Mining
Permit modifications pertinent to the systematic expansion of the operation These
permit modifications became necessary as additional properties were acquired and added
to the originally permitted tract, and to ensure that approved sediment and erosion control
structures were properly designed and installed as the pit was expanded.
Current planning for this operation requires an additional permit modification in
order to expand the pit to the northwest To date, all permits approved for the Nash
County Quarry were issued prior to implementation of the Tar - Pamlico River Riparian
Buffer Rules in January 2000. Based on the fact that the entire property was permitted
long before buffer rules were implemented in the Tar - Pamlico River basin, we believe the
quarry should be exempt from these regulations. In issuing the initial permits for the
operation in 1989, the State was aware of Wake Stone's intent to fully develop /mine all
of its property in Nash County and subsequently granted permits encompassing the entire
quarry property.

Debbie Edwards
April 20, 2005
Page 2
By this letter we respectfully request that a vested rights determination be made
for the Nash County Quarry, specifically since the operation was permitted under
regulations that did not require mitigation for riparian buffers. We have included a
permitting chronology, copies of permits received for the noted expansions, and a listing
of Company expenditures with this letter. Please review the attached substantiating
documentation and let David Lee or myself know if you have any questions. Thank you
for your attention to our request.
Enclosures: as noted

Nash County Quarry — Mining Permit Chronology (revised 03122105)
1. April 24, 1989 Special Use Permit approved by Nash County allowing mining
on 309.87 acre tract.
2. Initial mining permit application submitted June or July of 1989 to include
"Champion" tract of 300 Ac. + / -.
3. 11/1/89 Mining Permit No. 64 -11 issued covering 309.87 ac. "Champion"
tract.
4. 12/19/90 submitted permit modification application to incorporate 85.65
acres of Pearsall tract (that portion north of SR 1527) under permit.
5. 02/18/91 issuance of permit incorporating 85.65 ac of Pearsall tract. Total
acreage under permit = 395.52.
6. 07/18/97 filed permit modification application for extension of western
diversion channel and overburden disposal/storage berm. This modification
included Corps /DWQ approval for 3.02 acres of wetland impact.
Application identified 402 acres under permit at that time.
7. 09/15/97 modified permit issued. Cover letter noted 402 acres under permit
with 120 acres permitted for disturbance.
8. 11/11/98 submitted modification application to delete OW -1 (office well)
from monitoring program and reduce well monitoring to monthly from
bimonthly.
9. 11/19198 modification to well monitoring program approved as requested.
10. 10/01/99 submitted permit renewal application with modification request for
22.4 acres of pit expansion areas west and northwest of then active pit.
11. 11/30/99 renewal permit issued with 22.4 acre pit expansions. 402 acres
under permit with 142.4 acres permitted for disturbance.
12. Tar - Pamlico River Buffer rules effective August 1, 2000.
13.04/08/02 modification application submitted for temporary asphalt plant on
"Pearsall" tract.
14.09/05/02 modified permit allowing temporary asphalt plant site issued with
402 acres under permit and 146.6 acres permitted for disturbance.

4
Wake Stone Corporation Nash County Quarry
Vested Rights Relative to Applicability of Tar - Pamlico Riparian Buffer Rules
Background
During 1987 and 1988 Wake Stone Corporation (WSC) conducted extensive
exploration in Nash County, North Carolina in an attempt to locate a suitable site for
opening a new quarry operation. In early March of 1989, WSC approached the Nash
County North Carolina Office of Planning with a request to zone /rezone a 309 acre tract
at the intersection of SR 1527 and SR 1528 near the Gold Rock community in northern
Nash County. At the time of Wake Stone's request, only approximately 9 acres of the
309 acre tract was zoned R -30, with the balance being un- zoned. WSC petitioned the
Nash County Office of Planning to re -zone the 9 acre portion and to zone the remaining
300 acres under a "Conditional Use MI Zoning" classification to allow opening of a
crushed stone operation including an open pit for the extraction of granite, a
manufacturing/processing plant, a maintenance facility /employee house, a scale /office
structure, a concrete manufacturing plant and an asphalt plant. On April 24, 1989 the
Nash County Board of Adjustment issued the Special Use Permit allowing opening of the
proposed crushed stone operation.
MininLy Permit No. 64 -11
Having secured appropriate conditional use zoning for the proposed quarry
operation, Wake Stone applied for a mining permit from the North Carolina Division of
Land Resources in July of 1989. Mining Permit No. 64 -11, incorporating 309.87 acres,
was issued on November 1, 1989 (copy attached as Appendix A). This initial mining
permit issuance incorporated a 401 Water Quality Certification from NCDWQ and 404
(Nationwide 26) permitting from the USACOE for impacts related to the initial pit
opening and perimeter berm construction, including wetland impacts and
relocation/rerouting of a stream draining the planned initial pit area. During calendar
year 1990 the adjoining Pearsall tract was purchased and 89.65 acres of the tract (that
portion located north of SR 1527) incorporated into the area covered under the musing
permit through a mining permit modification issued on February 18, 1991 (copy of
modified mining permit attached as Appendix B). (A composite property map illustrating
the acreage covered under these initial versions of the mining permit is attached as
Appendix C). In July of 1997 the Nash County Office of Planning re -zoned the 89.65
acres to "Conditional Use MI Zoning" to allow mining related industrial development of
the tract.
During calendar year 1997 a subsequent mining permit modification application
was submitted to DLR and the modified permit issued on September 15, 1997 (copy
attached as Appendix D). This permit action was for expansion of the pit area, extension
of the western diversion channel and expansion of the western overburden disposal berm.
Extension of the western diversion channel was planned and executed as the initial phase
for future pit expansions into the western and northern portions of the permitted area.
This permitting phase required additional 401 Water Quality Certification from DWQ
and 404 permitting from the USACOE for extension of the western diversion channel and
placement of fill associated with expansion of the overburden disposal berm. As
mitigation for these unavoidable impacts, Wake Stone provided a 100' wide conservation
easement along Swift Creek.

4
In October 1999 Wake Stone applied to the DLR for a 10 year renewal of the
mining permit. The renewal permit issued on November 30, 1999 incorporated 402 acres
under permit and provided for an additional 22.4 acres of northwestward pit expansion
(copy attached as Appendix E).
Vested Rights Determination Relative to Tar - Pamlico Riparian Buffer Rules
Historically, determinations of project - specific common law vested rights have
been based upon a determination of the project meeting four specific criteria. Those
criteria are:
(1) that substantial expenditures have been made,
(2) that those expenditures were made in good faith (without knowledge of
impending rule changes that might impede the project),
(3) that those substantial expenditures were made in good faith on an appropriate
approval being received from a public entity, and
(4) that imposition of new rules will prevent the project from being completed as
designed or will impose an unreasonable burden on the developer.
Examination of Vested Rights Determination Criteria
In examining whether or not significant expenditures have been made on a
project, case law excludes the purchase price of the land since this does not tie the
development to any particular path. In the case of a mine site, such a determination is
erroneous since the purchase price of the land is based in part on the value of the minerals
contained therein. Likewise, the location of mining operations is determined first and
foremost by the location and availability of the mineral resource. In the case of the Nash
County Quarry, that mineral resource is the granitic stone being quarried and processed
for manufacturing construction aggregate. The site chosen for the quarry was dependent
upon available stone resource, available property, public need for the products produced
by the operation, and proximity to major transportation corridors.
Wake Stone Corporation certainly has made significant expenditures in
establishing and developing the Nash County Quarry. Significant capital expenditures
were made in conducting exploration of the site, completing feasibility studies,
conducting wetlands and endangered species assessments, designing and constructing the
processing facilities, and in the purchase of mobile mining equipment (trucks, loaders,
shovels, excavators, dozers, welding machines, etc.). These expenditures (tabulated in
Appendix F), were ntade in good faith that Wake Stone would be able to fully develop
the mining project over the anticipated 50 to 75 year lifespan, and without any knowledge
of impending rule changes (in this case, riparian buffer rules) that would adversely affect
the company's ability to fully develop the project. Mining operations are known within
the industry and regulatory community to be long life projects that typically start small
and grow with time and increasing demand for the products produced. The Nash County
Quarry is no different The expectation for a 50 -75 year lifespan with anticipated
increased demand for product over time was a fundamental reason that the site was
chosen for development as a quarry.

i
The significant expenditures made in good faith that the project could be
developed to its fullest potential were made with knowledge of the need for reliance on
government permits. Wake Stone has systematically sought and received those
necessary public entity approvals, from the initial county zoning approvals to periodic
modifications to the mining permit, including 401 and 404 approvals as needed. Now,
nearly 16 years into the project, Wake Stone is faced with rule changes which pose a
significant detriment to the company's ability to fully develop the project as first
conceived. Imposition of the riparian buffer rules in the Tar - Pamlico River Basin, with
the rule dictated migration ratios required for impact to the buffers, poses a significant
detriment to Wake Stone's ability to fully develop the project. The cost of securing
acceptable buffer mitigation, whether through payment to the EEP or through off -site
mitigation, severely limits Wake Stone's development options. That, combined with the
site topography and drainage pattern significantly limits the maximum development
(mining) potential of the site.

J
V
N ELLO T E
NELLO L. TEER COMPANY, P O BOX 1131, DURHAM, NC 27702 USA
TEL [phone] FAX [phone]
January 16, 1992
Mr. Tracy Davis
NC Dept. of Environment, Health
and Natural Resources QIJAL!TY fir. .-
Land Quality Section
512 N. Salisbury Street
Raleigh, NC 28711
Re: Mining Permit Renewal and
Update - Crabtree Quarry
Wake Co., NC
Dear Mr. Davis:
It is with pleasure that Nello Teer Company submits this
renewal and update application for the above referenced site
for your review and approval. Please find enclosed the
following information pertinent to this renewal and update
process:
1) Mining permit renewal application.
2) Mine plans.
3) Supplemental information concerning stormwater runoff
calculations, erosion control structures and channel
design.
Due to the continued growth of the Raleigh /Wake Co.
market, Nello Teer Company will- be continuing its mining
operations on the north and south sides of Crabtree Creek
during the next 10 year permit cycle.
A check for $1,000 has been included with this submittal
which will cover the $500 renewal fee and a $500 fee for
alterations to site erosion and sediment control structures.
After evaluating our mining operations on the south side
of Crabtree Creek, it has become evident that certaii. erosion
control structures will have to be altered as we proceed with
mining. The design calculations and plans showing these
alterations have been prepared by McKim & Creed Consultants
and are included with this permit renewal application.

i
l
Mr. Tracy Davis
Page 2
4
Should you or any of your staff have any questions or
require any further information, please do not hesitate to
call me at 1- 800 - 999 -6356.
Sincerely,
NELLO L. TEER COMPANY
Steven S. Edgerton, P.G.
SSE /dg
Enclosures
cc File

�QF wArE9 p Michael F. Easley, Governor
`Q G William G. Ross Jr, Secretary
f/j r North Carolina Department of Environment and Natural Resources
> -{
..0 Alan W Klimek, P E Director
Division of Water Quality
July 27, 2005
DWQ Project No. 20051405
Nash County
Wake Stone Corporation
Attn: Mr. John R. Bratton
6721 Hwy. 64 East
PO Box 190
Knightdale, NC 27545
Subject Property: Tar - Pamlico River Riparian Buffer Confirmation - Vested Right Determination
Wake Stone Corporation Nash County Quarry, SR 1527 at I -95, Gold Rock, NC
Swift Creek [03- 03 -02, 28- 78- (0.5), C NSW (nutrient sensitive)]
Dear Mr. Bratton:
This letter is to inform you that the Environmental Division of the NC Department of Justice (Attorney General's Office) has
completed its review of your request for a vested right determination for the subject property from the Tar - Pamlico River
Buffer Rules (15A NCAC 2B.0259). A property or development is only "grandfathered" when it can establish in court that it
has acquired a "vested right" to continue development as planned. Although the courts can only make this determination, the
Division of Water Quality (DWQ) can inform you of its position with respect to the question of "vested rights" for a project.
The DWQ has decided to request a review and recommendation from the Attorney General's Office of your request.
The Attorney General's Office has advised the DWQ that Wake Stone Corporation Nash County Quarry has a "vested right" to
complete your plans to continue to mine for crushed stone within the 402 acres as approved in permit No. 64 -11 (Department
of Environment and Natural Resources, Division of Land Resources, Land Quality Section, Permit for the operation of a
mining activity) dated November 30, 1999 and "Site Plan — September 1999 Renewal with Modifications" last revised
September 28, 1999 as indicated within your April 20, 2005 request for "grandfathering" with additional information dated
May 2, 2005. Therefore, your proposed project will not have to comply with the Tar - Pamlico Buffer Rules. If you change your
project, you must notify us and you may be required to send us a new request for approval and possibly comply with the Tar -
Pamlico Buffer Rules. Any mining activity other than what is indicated in your request will need to comply with the Tar-
Pamlico Buffer Rules.
Thank you for your attention to this matter and if this office can be of any assistance or if you have additional questions, please
do not hesitate to contact Cyndi Karoly at 919- 733 -9721.
Sincerely,
Al W. Klimek, P.E.,
Director, DWQ
cc: Mike Horan, DWQ Raleigh Regional Office
File copy
Central Files
John Holley -DLR Raleigh Regional Office
Donald W. Laton, Assistant Attorney General, Environmental Division, Department of Justice, 9001 Mail Service
Center, Raleigh, NC 27699 -9001
One
rCaro a
4010versighVExpress Review Permits Unit at
1650 Mal Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 276N
Phone: [phone] / FAX [phone] / Internet: him //h2o enr state nc us/ncwetlands
An Equal Opportundy /Affirmative Action Employer — 500/6 Recycled/100/6 Post Consumer Paper

Scanned
-IDATE—__ NCDENR ;,N_ # L arolina Department of Environment and Natural Resou
Pat McCrory
Governor
October 6, 2014
Bob Zarzecki
Soil & Environmental Consultants
8412 Falls of Neuse Road, Ste. 104
Raleigh, NC 27615
7J a i I l'
IJ 2, 2014
;es 112 2 Z. '
By, Soil & Enoronmenta; l ,2, ts , pA
John E. Skvarla, III
Secretary
Subject: Surface Water Determination Letter
NBRRO# 14 -251
Wake County
Determination Type
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 2B 0233)
❑ Tar - Pamlico (15A NCAC 2B 0259)
❑ Ephemeral /Intermittent/Perennial Determination
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B 0267)
Project Name
Location /Directions
Subject Stream
Hanson Quarry
Subject property is undeveloped forested land withm a quarry
Tributaries to Crabtree and Richland Creeks
Determination Date: July 11, 2014
Staff. Cherri Smith and Jennifer
Burdette
This Surface Water Determination Letter dated October 6, 2014 replaces the Surface Water Determination
Letter dated August 18, 2014. This replacement is being made to include the
Ephemeral /Intermittent/Perennial determinations for the streams. The maps included with the August 18,
2014 letter are still valid and are attached to this letter (dated October 6, 2014).
This replacement letter also notes, at the request of Hanson Quarry, that the quarry is in the process of
requesting a vested right determination from the NC Department of Natural Resources (NCDENR) regarding
the applicability of the Neuse Riparian Buffer Rules (15A NCAC 2B.0233) to streams within the quarry
footprint. If Hanson Quarry is determined by NCDENR to have a vested right, the quarry property would
not be subject to the Neuse Riparian Buffer requirements, pursuant to the vested right determination.
NorthCarohna
Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet www ncwaterguality orq Location 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer - 50% Recycled /10% Post Consumer Paper

Hanson Quarry
Wake County
October 6, 2014
Page 2 of 4
Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil
USGS
Surve
To o
S1
P
X-
X
X
throughout
property
S2
P
X —
X
throughout
property
S3
I
X — not
depicted on
maps but
found on
ground
S4
P
X
Origin at DWQ
X
flag
S5
X — portion
X
of pond may
extend onto
property but
there is no
stream
below pond
S6
I
X
Origin at DWQ
flag
S7
I
X — not
depicted on
maps but
found on
ground
S8
P
X
Origin at DWQ
Wetland area
X
Flag
S9
1
X
Origin at bottom
X
of ri ra
S10
I
X
Origin at DWQ
X
X
flag
H
X — not
X
present on
ground
I
X — not
X
present on
ground
J
X — not
X
present on
ground
K
X — not
X
present on
ground
L
X — not
X
present on
ground
M
X — not
X
present on
ground

Hanson Quarry
Wake County
October 6, 2014
Page 3 of 4
O
X — not
X
present on
ground
P
X — not
X
present on
ground
Q
X —not
X
present on
ground
R
X —not
X
present on
ground
S
X — not
X
present on
ground
Sediment
X — NPDES
X
X
Basin #1
pond
Sediment
X — not
Basin #2
depicted and
NPDES
and
Sediment
X — NPDES
X
Basin #3
pond
Sediment
X — not
Basin #4
depicted and
NPDES
pond
Water
X — NPDES
X
Processing
pond
Pond #1
Water
X — not
Processing
depicted and
Pond #2
NPDES
pond
Richland
P
X
X
X
Creek
Crabtree
P
X
X
X
Creek
*E /I /P = EphemeraUlntermittent/Perennzal
Explanation The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 124,000 scale Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and /or to the Division of Water Resources
(DWR)
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617.

Hansen Quarry
Wake County
October 6, 2014
Page 4 of 4
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)- 807 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919) -554 -4884.
If you have questions regarding this determyadtion, please feel free to contact Cherri Smith at (919) 791 -4251
Dcerely, 1 7n
Danny Smith
Supervisor, Water Quality Regional Operations Center
cc RRO DWR File Copy

i- ,

F
ti
1
CO
CIS
S-w
=;. 'N s ,
y CJY Qirc'�� ✓�d'kF �r y" .
44

MEN
MEN
mmm
Hanz%a,n�` zT 1, { '� c, k .
k

1
!u' ryZ Zil ,� ( 9 R -,♦ �� ., yiP �,t ar.�Y �. �
m'im

y'
e ti
w
1,S
WO
�4 iti.. , �� -� 7 yti, 7 P'� 7 r���`'t'.: "� -x�`• ty.�� j�p�"�''�.d e'?
�"T f � l�f•� � L� k�l� ?

1. FROM FAUCETTE
TO STATE HIGHWAY & PUBLIC WORKS COMMISSION
FEBRUARY 21, 1941 - DB &P 857/443 - 22 50 ACRES
2. FROM DAVIDSON
TO BRYAN SAND & ROCK COMPANY - LEASE ASSIG
JANUARY 5, 1948 - DB &P 986/552 - 30 0 ACRES
3. FROM ROGERS
TO BRYAN SAND & ROCK COMPANY
FEBRUARY 4, 1954 - DB &P 1142/411 - 21 35 ACRES
1954

1. FROM FAUCETTE
TO STATE HIGHWAY & PUBLIC WORKS COMMISSION
FEBRUARY 21, 1941 - DB &P 857/443 - 22 50 ACRES
2. FROM DAVIDSON
TO BRYAN SAND & ROCK COMPANY - LEASE ASSIGNMENT
JANUARY 5, 1948 - DB &P 986/552 - 30 0 ACRES
3. FROM ROGERS
TO BRYAN SAND & ROCK COMPANY
FEBRUARY 4, 1954 - DB &P 1142/411 - 21 35 ACRES
4. FROM ANDREWS YOUNG
TO AMERICAN MARIETTA COMPANY
WITH 2 EXCEPTION L���
J U N E 10, 1960 - &P 1408/636 - 130 0 ACRES)
vt�joo-m
•

INKS,
WMAN&VA
too's
d IAN I MS
WMAN&VA
too's

41-
ti
III

1. FROM FAUCETTE
TO STATE HIGHWAY & PUBLIC WORKS COMMISSION
FEBRUARY 21,1941 - DB &P 857/443 - 22 50 ACRES
2. FROM DAVIDSON
TO BRYAN SAND & ROCK COMPANY - LEASE ASSIGNMENT
JANUARY 5, 1948 - DB &P 986/552 - 30 0 ACRES
3. FROM ROGERS
TO BRYAN SAND & ROCK COMPANY
FEBRUARY 4, 1954 - DB &P 1142/411 - 21 35 ACRES
4. FROM ANDREWS YOUNG
TO AMERICAN MARIETTA COMPANY
WITH 2 EXCEPTIONS (30 & 13 ACRES)
JUNE 10, 1960 - DB &P 1408/636 - 130 0 ACRES
5A. FROM DAVIDSON
TO AMERICAN MARIETTA COMPANY
JANUARY 3, 1961 - DP &P 1437/382 - 10 8 ACRES
5B. FROM BLAKE
TO AMERICAN MARIETTA COMPANY
FEBRUARY 28, 1961 - DB &P 1443/372 - 5 4 ACRES
5C. FROM BLAKE
TO AMERICAN MARIETTA COMPANY
MARCH 31, 1961 - DB &P 1447/602 - 3 8 ACRES
5D. FROM SPIKES
TO AMERICAN MARIETTA COMPANY
JULY 21, 1961 - DB &P 1463/96 - 25 ACRES
6. FROM ASHBURN
TO MARTIN MARIETTA CORPORATION
OCTOBER 24, 1962 DB &P 1533/577 - 18 ACRES
7. FROM KING
TO NELLO L TEER COMPANY - INCLUDES 1 5 ACRE LIFE ESTATE
OCTOBER 12, 1984 - DB &P 3366/856 - 9 14 ACRES
8. FROM SMITH
TO NELLO L TEER COMPANY
DECEMBER 9, 1985 - DB &P 3620/549 - 0 93 ACRES StA'Tg
•

1. FROM FAUCETTE
TO STATE HIGHWAY & PUBLIC WORKS COMMISSION
FEBRUARY 21,1941 - DB &P 857/443 - 22 50 ACRES
2. FROM DAVIDSON
TO BRYAN SAND & ROCK COMPANY - LEASE ASSIGNMENT
JANUARY 5, 1948 - DB &P 986/552 - 30 0 ACRES
3. FROM ROGERS
TO BRYAN SAND & ROCK COMPANY
FEBRUARY 4, 1954 - DB &P 1142/411 - 21 35 ACRES
4. FROM ANDREWS YOUNG
TO AMERICAN MARIETTA COMPANY
WITH 2 EXCEPTIONS (30 & 13 ACRES)
JUNE 10, 1960 - DB &P 1408/636 - 130 0 ACRES
5A. FROM DAVIDSON
TO AMERICAN MARIETTA COMPANY
JANUARY 3, 1961 - DP &P 1437/382 - 10 8 ACRES
5B. FROM BLAKE
TO AMERICAN MARIETTA COMPANY
FEBRUARY 28, 1961 - DB &P 1443/372 - 5 4 ACRES
5C. FROM BLAKE
TO AMERICAN MARIETTA COMPANY
MARCH 31, 1961 - DB &P 1447/602 - 3 8 ACRES
5D. FROM SPIKES
TO AMERICAN MARIETTA COMPANY
JULY 21, 1961 - DB &P 1463/96 - 25 ACRES
6. FROM ASHBURN
TO MARTIN MARIETTA CORPORATION
OCTOBER 24, 1962 DB &P 1533/577 - 18 ACRES
7. FROM KING
TO NELLO L TEER COMPANY - INCLUDES 1 5 ACRE LIFE ESTATE
OCTOBER 12, 1984 - DB &P 3366/856 - 9 14 ACRES
8. FROM SMITH
TO NELLO L TEER COMPANY
DECEMBER 9, 1985 - DB &P 3620/549 - 0 93 ACRES
9. FROM LIGHTFOOT INVESTMENTS
TO FRANCE STONE COMPANY
JULY 6, 1990 - DB &P 4736/870 -16 50 ACRES