20140727 Ver 1_Vested Rights Determination_20150419

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 9, 2015
Mr. Alan Bumette
Director of Resource Development
Hanson Aggregates Southeast, Inc.
2310 Parklake Drive, Suite 550
Atlanta, Georgia 30345
Donald R. van der Vaart
Secretary
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
Dear Mr. Burnette:
This letter is to inform you that the North Carolina Department of Environment and Natural
Resources has completed its review of your request for a vested right determination for the
subject property from the Neuse Buffer Rules (15A NCAC 2B .0233). 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. Only the courts can make this determination;
however, the Department may inform you of its position with respect to the question of "vested
rights" for a project.
The General Counsel's Office has advised the Division that the expansion of Hanson
Aggregates' Wake County Crabtree Quarry qualifies for a "vested right" to complete your plans
to continue to mine without imposition of the Neuse Riparian Buffer Rules, limited to the
confines of the Crabtree Quarry as delineated by the mining boundary of the approved mining
permit No. 92 -03 (Department of Environment and Natural Resources, Division of Land
Resources, Land Quality Section, Permit for the operation of a mining activity) in place as of the
date of this letter.
Therefore, your proposed project will not be subject to the Neuse Buffer Rules with regard to the
realignment of the streams north of the existing quarry as described in the approved mining
permit No. 92 -03. Any modification to your project is subject to further review and may result
in a revision to the Department's position. Any mining activity other than what is indicated in
your request may need to comply with the Neuse Buffer Rules.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Mr. Alan Burnette
April 9, 2015
Page 2
Thank you for your attention to this matter. If you have any additional questions, please feel free
to contact me at 919 - 707 -8656.
Sincerely,
'��j X, A—Is
Craig A. Bromby
Assistant General Counsel
N.C. Department of Environment and Natural Resources
cc: Mary Penny Kelley, Of Counsel, Styers & Kemerait, representing Hanson Aggregates
Sam M. Hayes, General Counsel, Department of Environment and Natural Resources
Tom Reeder, Assistant Secretary for the Environment
Tracy Davis, Director of Division of Energy, Mineral and Land Resources
Danny Smith, Division of Water Resources Raleigh Regional Office
Karen Higgins, Division of Water Resources Wetlands Unit
Katie Mills, Legal Intern, Department of Environment and Natural Resources