Notice of Violation (NOV) - 7/20/1990

State of North Carolina
Department of Environment, Health, and Natural Resources
DMsion of Land Resources
James G. Martin, Governor Charles H. Gardner
Willarn W. Cobey, Jr., Secretary Director
July 20, 1990
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION OF MINING PERMIT
Mr. Raymond Cecile
Radford Quarries, Inc.
P. 0. Box 1114
North Wilkesboro, NC 28659
RE: Blasting Complaint
Bamboo Road Quarry
Mining Permit No. ip"o
Watauga County
Dear Mr. Cecile:
This is to inform you of a violation of Mining Permit No.gfflW issued to
your company to operate the Bamboo Road Quarry in Watauga County.
The Department has recently received a complaint directed at blasting
practices conducted at your facility. According to the complainant, Ms.
the vibrations produced from the blasting have become increasingly
disruptive over the last several months. Of particular concern are blasts that
were conducted on May 30, 1988, August 4, 1988, May 2, 1990, May 7, 1990, May
12, 1990 and June 4, 1990. Most importantly, several incidents of flyrock have
occurred over the past several years and as far back as 1984. This constitutes
a violation of Operating Condition No. 6C of your mining permit which governs
the control of flyrock at this mine.
The following actions must be taken to correct this violation:
1. Immediately suspend all further use of explosives at the Bamboo Road
Quarry until further notice.
2. As provided for in the mining permit for this site, you must submit in
duplicate to the Department, within 10 ddays following your receipt of
this Notice, copies of all blast records related to blasts conducted
on the above referenced dates including any seismograph recordings
made. Furthermore, all blast records for one (1) production shot
conducted immediately prior to May 30, 1988 and after June 4, 1990
must also be forwarded for review.
P.O. Box 27687 e Raleigh, N.C. 27611-7687 a Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Raymond Cecile
July 20, 1990
Page 2
3. Submit in duplica-e to the Department, within 10 days following your
receipt of this Nctice, a complete blast investigation report which
addresses the flyrock incidents at the site. Said report shall
contain, but not 'Le limited to, the following: blast logs,
seismograph recorts, a scaled map showing the exact location of the
offsite damages ard actions taken to repair these damages, probable
cause(s) of the f'yrock, description of the blasting procedures
employed at the time of the incidents, and what changes will be made
in the procedures to ensure that flyrock will not exit the guarded
area in the future.
You will be notified i-' the above report and records meet with the approval
of the Department and the suspension on the use of explosives will be lifted at
that time. Should the reDOrt and/or records not meet with Department approval
you will be notified of the deficiences and the suspension shall remain in
effect until any such defic-iencies have been satisfied.
Failure to take the corrective actions within the time frames specified
above will result in the assessment of a civil penalty against you. If a civil
penalty is assessed, the amount may be up to one -hundred dollars ($100.00) for
each day of violation, begirning with the date of your receipt of this Notice of
Violation (N.C.G.S. 74-64). Other enforcement action may include seeking an
injunction or revoking your mining permit.
The responsibility for understanding and complying with the conditions of
your mining permit rests wi--h you.
I suggest you contact I's. directly and discuss this matter with her,
possibly making arrangements to monitor a series of shots at her home with a
seismograph. Her address is:

Please do not hesitate to contact Mr. Richard Phillips, Regional Engineer,
at [phone] or Mr. Tracy Davis, Mining Specialist, at [phone]
regarding any questions you might have about this matter.
Very truly yours,
Charles H. Gardner, P.G., P.E.
CHG/TED/se
cc: Mr. Tracy Davis, E.I.T.
Mr. Richard Phillips, �-E.