20140727 Ver 1_Mining Permit 92-03 Excerpts_20150218

iNE-4LLO TEER
NELLO L. TEER COMPANY, P.O. BOX 1131, DURHAM, NC 27701 USA
TEL: [phone], FAX: [phone]
Mr. Tracy Davis
NC Dept. of Environment,
and Natural Resources
Land Quality Section
512 N. Salisbury Street
Raleigh, NC 28711
Dear Mr. Davis:
January 16, 1992
Health
Al
QUALITY-s�­-
Re- Mining Permit Renewal and
Update -.Crabtree Quarry
Wake Co., NC
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, Ne lo Teer Company will be continuing its miring
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 soot) -: side
of Crabtree Creek, it has become evident that certain 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.

Mr. Tracy Davis
Page 2
, 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

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newsobsery --.corn printer - friendly story
Subject: news observer. com printer- friendly story
Date; Tue, 28 May 2002 13:14:10 -0400
From: Tracy Davis <Tracy.Davis @ncmail.net>
To: Charles Gardner <Charles.Gardner @ ncmail.net>, Mell Nevils <Mell.Nevils @ncmail.net >,
Jim Simons <Jim.Simons @ncmail.net >, Judy Wehner <Judy.Wehner @ncmail.net >,
John Holley <John.Holley @ncmail.net >, Susan Edwards <Susan.Edwards @ncmail.net>
http: / /www. news- observer.com /front /News /v -print /story /1414606p- 1448244c.html
newsobservencom Tuesday, May 28, 2002 1:35AM EDT
The quarry's owner is appealing an order to slop hauling dirt.
By SARAH LINDENFELD HALL, Staff Writer
RALEIGH - For at least two decades, a fight has simmered between the deep northwest Raleigh quarry that wants
to expand across Crabtree Creek, the city that says it can't and the neighbors who say the rock - blasting makes
their houses shake regularly.
It could be about to boil over -- and end up in court.
The latest skirmish began with truckloads of dirt. In mid - April, the city told Hanson Aggregates Southeast, which
owns the more- than -50- year -old quarry on Duraleigh Road, to stop hauling dirt from the south side of Crabtree
Creek. A contractor building the Edwards Mill Road extension was using the dirt.
Larry Strickland, the city's zoning inspector supervisor, said the activity met the state's definition of mining, which
violates city zoning rules.
The hauling stopped, but Hanson appealed Strickland's order this month to the city's Board of Adjustment. At its
June 10 meeting, the board will schedule a special hearing to consider the appeal. It will take a four - fifths majority
to overturn Strickland's decision.
The lawsuit the city and quarry have been flirting with for years could finally happen if the board makes a decision
and it is appealed. And some residents, feeling jittery, are wondering what's next.
"I think the business of taking dirt out is the start of something really awful," said Mimi Miller, president of the Oak
Park Glen Forest Neighborhood Association.
The disagreement began decades ago.
Hanson maintains that it can expand its operation, which started before 1950 on the creek's north side, and mine
on the south side of the creek because it was there before the city limits extended to the property in 1973.
In April, the state renewed the quarry's 10 -year permit, allowing the quarry to disturb 95 of its 261 acres, which are
on both sides of the creek. The permit allows mining on the creek's south side, but local zoning regulations
supersede what the state allows.
The city says the operation can't jump the creek, because that land is zoned residential, where quarries aren't
allowed. The quarry on the north side of the creek was grandfathered in when the city's jurisdiction was extended
there. In 1994, the City Council voted 5 -3 to reaffirm the city's position that the quarry can't cross the creek after
neighbors asked the city to take the quarry to court.
Wayne Phears, a lawyer from Norcross, Ga., representing Hanson, said the quarry has told the city it would
1 of 2 5/28/2002 1:31 PM

.ver.com printer- friendly story
welcome a suit to decide the issue. "We've been urging the city of Raleigh, if they think we're not a lawful use, to
go to court and shut it down," he said.
Phears said the quarry filed the appeal with the zoning board just to make sure the official record makes clear it
disagrees with the city's interpretation in case the issue ever does go to court.
City Attorney Thomas McCormick said that the city hasn't had any reason to sue the quarry because it hasn't
started mining on the south side of the creek. He said the city is taking the appeal seriously.
The quarry's future has been uncertain
More than a decade ago, quarry officials offered the quarry as a gift to Wake County for flood control if the quarry
could mine the other side of the creek. Raleigh endorsed the flood - control plan, but said that did not mean the
quarry had a right to mine on the south side.
And in 1999, greenway advocates proposed building a park next to the quarry, with greenways that would connect
to Durham and Cary. The plan angered residents because the greenways group recognized the quarry as having
the right to mine a second quarry across the creek.
Meanwhile, nearby residents say they feel jolts and shakes from blasts at the quarry at least twice a week, and, in
the past, felt them daily. Population has increased in the area, which is down the road from Rex Hospital to the
south and Umstead State Park to the north.
"I don't think anything has changed in terms of the neighborhood position," said Jill Heaton, who lives in the Oak
Park neighborhood. "We find quarrying on the south of Crabtree Creek unacceptable, which has always been our
position."
Miller, the neighborhood association president, still remembers the first blast after she moved into her home 17
years ago.
"The first time it went off, I was home here," she said. "I thought we had an earthquake and ran out and no one
paid any attention. My neighbor said, 'it was the quarry.' "
© Copyright 2002, The News & Observer. All material found on newsobserver.com is copyrighted The News & Observer and associated news
services. No material may be reproduced or reused without explicit permission from The News & Observer, Raleigh, North Carolina.
Bf ACK] - ->
Tracy E. Davis, P.E., C.P.M. <Trac .Davis ncmail.net>
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5/28/2002 1:31 PM