Town of Boone Concerns - 2/27/2017

Di SAN= WATSON CAJPT-TA WIESON & GAHIZIETT, PLLC
ATTORNEYS AT LAW
;42 WEST KING STREET
Booiq NORTH G-kROIXNA 213607
ATTORNEYS
ANTHONY S. DI SANTI
CER77MED SUPERIOR COU,,r MEDIATOR
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DONALD M. WATSON, JR.
[e-mail]
ANDREA NATAI.H GAPuA
ALSO LICENSED IN PLORIDA
[e-mail]
FRANK G. WILSON, III
ALSO LICENSED IN ALASAMA
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CHELSEA BELL GARRETT
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SABAH B. SEuFzR
ALSO LICENSED IN VIRGINIA
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Tracy E. Davis, PE, CTM
Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Radford Quarries, Inc.
February 23, 2017
Mining Permit Number 95-03, Bamboo Road Quarry
Watauga County
New River Basin
Dear Mr. Davis:
MAILING ADDRESS:
POST OFFICE BOX 193
BooNp, NuRTH GAnoTxmA 2EI607
TELEPHONE: [phone]
FEB 2 7 2017
DENR-DEMLR
My firm represents Watauga County, and on its behalf, I am responding to your
correspondence of February 7, 2017 to Ms. Allison M. Meade, Attorney for the Town of Boone.
Effective January 10, 2017, jurisdiction of the Bamboo Road Quarry operated by Radford Quarries,
Inc. became the responsibility of Watauga County based upon the decision of the North Carolina
Supreme Court in the case of Town of Boone v. State of North Carolina, 2016 NC Lexis 1134.
It is the position of Watauga County that Radford Quarries, Inc. has not complied with the
requirements of your department by restoring and maintaining a fifty foot (50') vegetative buffer that
is required. Enclosed with this correspondence are several photographs taken from a vehicle on
Sunny Knoll Acres Drive where a residential subdivision adjacent to the quarry is located. My
review of this matter indicates that Radford Quarries, Inc. did not comply with NCGS §74-50(b I)
and (b2) by providing notice to the owners of record of land adjoining or directly across from the
quarry of its application for renewal and modification of its permit. Had it done so, I anticipate that
your department would have received public comments establishing significant public interest to
conduct a public hearing on the application for renewal and modification.
On behalf of the citizens of Watauga County affected by the failure of Radford Quarries,
Inc. to maintain the fifty foot (50') vegetative buffer as required by the permit, Watauga County
requests that your department investigate this issue to ascertain whether Radford Quarries, Inc. is
compliant with its permit. Thank you for considering this request by Watauga County.

Tracy E. Davis, PE, CTM
February 23, 2017
Page 2
Very truly yours,
DI SANTL-W-,ATSON CAPUA WILSON
& G.�ETTALLC
S.
ASD/hmw
Enclosures
cc All with copy of Enclosures
Secretary, Michael S. Regan, Department of Environmental Quality
Bill Lane, General Counsel, Department of Environmental Quality
Josh Stein, North Carolina Attorney General
D. J. Cecile, A.M., Ph.D., Vice President/CFO, Radford Quarries, Inc.
Allison M. Meade, Esq.
Mr. Deron Geouque, Watauga County Manager
Mr. Joe Furman, Director of Planning, Watauga County
WAASD\Cfients\Watauga County\Radford Quanies, 1nc\Davis.Ltr 2-22-17.Dod216035 1.01

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