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Dozens turn out to oppose planned Tuckasegee quarry
By Lynn Hotaling
Tuckasegee residents turned out in force Saturday night (July 29) to demonstrate opposition to a proposed mining operation in their community.
More than 125 people packed the pews at Tuckasegee Baptist Church to hear what steps need to be taken to convince state environmental officials to deny Carolina Boulder and Stone LLC of Franklin a permit to mine “unconsolidated material and crushed stone” from a 56-acre tract on N.C. 281 (Canada Road) just east of its intersection with N.C. 107. Carolina Boulder, a limited liability corporation fronted by L.C. Jones of Canada community and Leland Ryske, has leased the property from Jim Vander Woude of Franklin, who purchased it in January for $450,000. Tuckasegee residents think Ryske is Vander Woude’s son-in-law.
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Tuckasegee residents paused in the churchyard Saturday night (July 29) after a meeting called by United Neighbors of Tuckasegee, a group organized last week to fight a proposed rock quarry in their community. More than 130 people attended the event, and UNOT members had gathered some 510 signatures in opposition to a mining application filed last month by Carolina Boulder and Stone LLC of Franklin to remove “unconsolidated material and crushed stone” from a 56-acre tract (part of the old Junie Hooper place), which is owned by Jim Vander Woude of Franklin. The rock cliff visible above is on the property where Carolina Boulder plans to site its quarry; their application indicates a lake and cottages will replace the quarry after mining is completed. – Herald photo by Lynn Hotaling
Saturday’s meeting was sponsored by United Neighbors of Tuckasegee, a grass-roots group formed last week to fight the planned quarry. To date UNOT has collected 510 signatures on a petition opposing a mine in Tuckasegee.
The session’s purpose was to inform residents what steps needed to be taken to ensure that officials with North Carolina’s Department of Environment and Natural Resources hear community concerns and hold a public hearing on the proposed mining operation before making a decision on the proposed quarry.
Sylva attorney Jay Spiro told those in attendance they need to write letters.
“It’s important to get letters (to Raleigh) so state officials realize there’s significant interest and will hold a hearing,” Spiro said, reiterating a point that had been made earlier by former Jackson County School Board Chairman Tom Turrentine, one of UNOT’s organizers.
Spiro explained to the group that DENR looks at mining applications only in light of how they address environmental, health and safety concerns.
“It’s not so much about the community – that’s for the county (to decide),” he said.
Jackson County does have an industrial development ordinance in place that appears to prohibit a quarry operation on the proposed site, Spiro said.
Another UNOT member, writer Thomas Crowe, made a more emotional appeal to the crowd, saying the planned mining operation is part of the “big development” that he said is threatening Jackson County communities.
“In the end, it will take everyone here to stop these people whose pockets are deep and whose historical and emotional connections to this place are non-existent,” Crowe said.
Tuckasegee resident Nan Watkins signs a petition in opposition to a proposed rock quarry in her community prior to a Saturday (July 29) meeting called by United Neighbors of Tuckasegee, a group formed last week to fight the planned mining operation. An application for an N.C. mining permit has been filed by Carolina Boulder and Stone LLC of Franklin, which plans to site a quarry on 56 acres located just east of the N.C. 107/N.C. 281 intersection. – Herald photo by Lynn Hotaling
Carolina Boulder’s Jones said Tuesday that his intent is only to remove loose boulders and said the company has not applied for a blasting permit.
“Carolina Boulder and Stone is required by the state of North Carolina, the N.C. Wildlife Commission and the Division of Water Quality to apply for a mining permit for any rock removal in the state,” he said Monday. “This is required even for loose boulders or loose surface material. Carolina Boulder intends only to remove loose material. We will not be blasting. When the loose material is all removed, then a re-vegetation plan will be implemented.”
When asked why his application lists the expected depth of the mine at 40 feet, Jones reiterated that only loose rock would be taken.
“There’s a lot of loose material – it probably came off that mountain years ago,” he said.
Jones declined comment on how exactly he planned to crush and sort the rock at his proposed mine.
“We plan on processing material,” he said. “I’d rather not comment further.”
One Tuckasegee resident wondered during Saturday’s meeting whether the new quarry would be exclusively for the use of developers at Bear Lake Reserve, as is the case with the Witten Lumber Co., which is located on Shook Cove Road in the building constructed by Duke Power after Duke acquired Nantahala Power & Light Co. in the late 1980s. Witten’s sign reads “Witten Lumber Co. Bear Lake. When asked several months ago if Bear Lake Reserve owned the company, a receptionist said “no” but that all sales currently were to the development. Witten does not sell to the public at this time, she said, though such sales may begin in the coming months.
Jones denied Monday that he has any connection to Bear Lake Reserve, adding that Rhodes Bros. of Franklin has Bear Lake’s paving contract.
Another portion of the mining application indicates that Carolina Boulder and Stone may develop a fishing lake and cottages after mining operations are completed.
NCDENR’s Judy Wehner, in speaking to The Herald last week, confirmed that a state permit could be issued regardless of any county ordinance. A local law would not preclude state officials from granting a mining permit, Wehner said. NCDENR’s decision on the matter will be governed solely on the provisions of the Mining Act of 1971; should a mining permit be issued to Carolina Boulder, it would be up to Jackson County to enforce its ordinance, she said.
Wehner confirmed that Carolina Boulder’s application has been received and is currently under review. State law requires Carolina Boulder to notify adjacent landowners by registered letter of its intent to extract stone; those letters, dated July 18, were received by property owners around July 21. The letters indicate landowners have 30 days from the date of the notice to file written comment. Wehner said Monday that she could not pinpoint the exact date the official comment period will end until she sees the “green cards” (return receipt notifications) that indicate adjacent landowners actually signed for the registered letters, because the 30 days in question is actually from the time the letters are received.
However, she indicated that another interpretation might be that concerned citizens have 30 days from the time the mining application is filed with NCDENR. Since those papers were filed July 5, Wehner recommended residents submit written comments by Friday, Aug. 4.
The decision on whether to hold a hearing on Carolina Boulder’s application rests with Jim Simons, director of NCDENR’s Division of Land Quality.
When reached Monday and advised of the turnout at the weekend meeting and the number who have signed the petition, Simons said a hearing would likely be held.
“If I get a petition with that many signatures, there’s going to be a hearing,” he said.
A quarry operation on the site would require both county and NCDENR permits, according to Jackson County planner Linda Cable, who received notice from Assistant State Mining Specialist Wehner that Carolina Boulder had made the application. Such “heavy” industrial uses are regulated under Jackson County’s 2002 Industrial Development Ordinance, Cable said. That law prevents any such industry from locating within a quarter-mile (1,320 feet) of a commercial lot or residential structure. The ordinance is geared toward controlling polluting industries, including asphalt plants and mining operations, which include quarries.
While the county has not received an application from Carolina Boulder, Cable said she has reviewed the site and, in her opinion, a quarry on the Vander Woude property would not be permitted by the county because it fails to meet the setback requirements.
“Regardless of state action, as far as I can tell right now, Jackson County’s ordinance would not allow (a quarry) on that site,” Cable said last week.
UNOT members say they plan to keep the pressure on both state and local officials because of the effect a rock quarry would have on their community. They have secured a place on the agenda at the Thursday, Aug. 17, county commissioners meeting, and they plan to keep gathering signatures on petitions at least through that date.
Skepticism about Carolina Boulder’s stated intentions was widespread during UNOT’s Saturday night session.
“I’ve heard this is only a stepping stone to an asphalt plant later on,” said the Rev. Jeff Powell. “I urge everyone to get those letters in to the state. Whatever (Carolina Boulder said), more than likely it’s not the truth.”
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