20140727 Ver 1_Vested Rights_20150407 (2)

Higgins, Karen
From: Davis, Tracy
Sent: Tuesday, April 07, 2015 9:53 AM
To: Reeder, Tom; Smith, Danny; Higgins, Karen
Cc: Bromby, Craig A; Mills, Katie E
Subject: RE: Description of Project
From DEMLR's standpoint, I concur with the project description and the description to limit the vested rights to this
project as Mary Penny suggested below. One recommendation would be to end the statement on the vested rights by
adding:
"...as delineated by the mining permit boundary of NCDENR Mining Permit No. 92 -03 in place as of the date of this
letter.,"
From: Mary Penny Kelley [mai Ito: mpkelley styerskemerait.com]
Sent: Monday, April 06, 2015 5:53 PM
To: Reeder, Tom; Davis, Tracy; Smith, Danny; Higgins, Karen
Cc: Bromby, Craig A; Mills, Katie E
Subject: Fwd: Description of Project
Tom, Tracy, Danny and Karen,
After our February 13th meeting, the attorneys continued to mull over case law and evidence until March 20th
when we concurred that there is enough documentation to support vested rights at the Crabtree Quarry
site. Katie Mills has a draft letter ready for Tom Reeder's signature and only needs a description of the project
to complete it. Unfortunately, both Craig and Katie are out of the office today and tomorrow, so I have
obtained permission from Craig to reach out to you directly to help move the letter through the administrative
process.
Although I have not seen Katie's draft letter, I am guessing it is very similar to other vested rights letters. A
sample exists in the Wake Stone materials that I provided during our February 13th meeting in case you want to
see how this project description would be used. Typically, the first paragraph identifies the submissions made
to NC DENR supporting the vested rights claim and notes that the letter reflects an opinion of NC DENR's
attorneys that could be challenged in court by third parties. The second paragraph includes a project description
to tie the vested rights with the land to which they apply.
Conforming the descriptions from Wake Stone to Crabtree Quarry would create the following project
description:
Subject Property: Neuse River Riparian Buffer Confirmation — Vested Right Determination
Hanson Aggregates Southeast, LLC; Crabtree Quarry, Duraleigh Road, Raleigh, Wake County, NC
Tributaries to Crabtree Creek
The body of the letter would then use the description to limit the vested rights by saying that, "Based upon our
attorneys' legal opinion, NC DENR acknowledges that a vested right exists to complete your plans to mine

without imposition of the Neuse River Riparian Buffer Rules, limited to the confines of the Crabtree Quarry as
delineated by the mining boundary of NC DENR Mining Permit No. 92 -03."
Thank you all for working through this vested rights issue,
Mary Penny Kelley
Of Counsel, Styers & Kemerait, PLLC