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Home My WebLink AboutEmail - 2/27/2017 9:35 AMWehiner, Judy From: D.J. Cecile <djcecile@radfordquarries.com> Sent: Monday, February 27, 2017 9:35 AM To: Wehner, Judy Subject: Fwd: Bamboo Quarry Attachments: DiSanti letter to Davis.pdf Please print this email and attachment and place in the file for 95-03 when you have a chance. Thanks D. 3. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-1921 Facsimile: (828) 264-9829 Email: dicecile(@radfordauarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. ---------- Forwarded message ---------- From: D.J. Cecile <dicecilegradfordquarries.com> Date: Mon, Feb 27, 2017 at 9:18 AM Subject: Bamboo Quarry To: "Davis, Tracy" <tracy.davisgncdenr.gov>, "Vinson, Toby" <oby.vinsongncdenr.gov>, "Boyer, Janet" <ianet.boyergnedenr.go , "Gantt, Matt" <matt. ganttkncdenr. gov> Good morning, Tracy. I received the attached correspondence on Saturday but realize you may not have seen it yet. We would like to request that DEMLR inspect the Bamboo Quarry to confirm compliance with the buffer. I personally inspected the buffer over the weekend and did not see any equipment in the mulch / white pine buffer that we restored and enhanced a couple of years ago. The mulch buffer is still in place nicely and the white pine trees, as well as some natural vegetation, abound. I would like to have our consultant Derek Goddard present, but he is out of town on vacation until after March 6. We would like to schedule the inspection some time after March 6. Thank you. Sincerely, DJ Cecile ----------------------------- D. J. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-1921 Facsimile: (828) 264-9829 Email: djcecileCa)radfordguarries.com Website: www.radfordguarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. Di SANTI WATSON CAFT-TA WILSON 8C GAIMETT, PLLG ATTORNEYS AT LAW 64? WEST KING STREET ]3o(3NM, NOR= CA-ROIXMA 2BG07 MAILING ADDRESS: ATTonNnys POST OFFICE BOX 193 AxTHowy S. III SANTI 130ONP No3R.TH GAnoLiN-,-- 284507 OERnRED SUPERIOR COURr MEDIATOR adisantl0dwc-law.com TELEPHONE: (828) 264-6126 DONALD M. WATSON, JR- FAX: (828) 264-7743 dwatson@dwo-law.com WWW.DWC-LAW.COM ANDHRA NATALE CAFUA ALSO LJOUNSED IN FLORIDA acapua0dwo-law.com FRANZ 0. WILSON, III ALBO LIDENSED IN ALABAMA fwIlsonedwe-law.com GRIMSEA. BRILL GARRZTT February 23, 2017 egarratt@dwc-law.com SAR&H B. SEUFB31 ALSO LICENSED IN VIRGINIA ssaufer@dwo-law.com Tracy E. Davis, PE, CTM Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Radford Quarries, Inc. Mining Permit Number 95-03, Bamboo Road Quarry Watauga County New River Basin Dear Mr. Davis: 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 (5 0') 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(bl) 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 & GAkRETT,'I�LLC S. di/Santi 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 W \ASD\Chents\Watau-.a County\Radford Quarnes, 1nr\Davis.Ltr 2-22-17.Do&2160351 01 41 AWP g i AIM, AS IVA" A.- .4f OWNS mail Awl its" e MAR 46 A-7 AV 0 M WAPI "MW 416, cz — If 1., 13, WS, , 4 A rN -A 4 g�N —Al Nk - 5A jk7 kit w '17 W14, A -i