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Quarry opponents will ask commissioners to take stand
By Lynn Hotaling
Tuckasegee residents, alarmed by plans to site a rock quarry in their community, say they will ask county leaders tonight (Thursday) to join them in opposing the proposed mining operation.
Members of United Neighbors of Tuckasegee, a grassroots group organized about a month ago, told The Herald this week they intend to petition Jackson County’s commissioners for a resolution opposing the quarry. Opposition from the county’s elected leaders could help convince N.C. Department of Environment and Natural Resources officials to deny a permit for the mining operation, say UNOT members Tom Turrentine and Nola Brown, who will address commissioners during tonight’s meeting.
NCDENR has scheduled an Aug. 22 public hearing in Sylva to take comment on the proposed mining application, filed by Carolina Boulder and Stone LLC of Franklin. UNOT members say they hope county commissioners voice disapproval of the planned quarry in advance of that session.
“We want to show the state that county leaders are opposed to the proposed mining operation just as community residents are,” Turrentine said. “We also want to give commissioners an opportunity to reaffirm their position with regard to land-use planning.”
Brown, who first brought rumors of a planned quarry to commissioners’ ears in April, said she thinks a resolution from county leaders will strengthen UNOT’s arguments against a mine in the Tuckasegee community.
“If the county commissioners support us, it should have an impact at the state level,” Brown said.
Commissioners’ Chairman Brian McMahan said Monday that he would be receptive to such a request, provided it was site specific.
“I could support it if their resolution makes it clear it’s only for that one site and the current application,” McMahan said Monday.
The application that ignited the controversy was filed in early July by Carolina Boulder and Stone, a limited-liability corporation fronted by L.C. Jones of Tuckasegee and a partner, Leland Ryske. Jones last week declined to reveal where Ryske lives, but Tuckasegee residents believe he is the son-in-law of Jim Vander Woude of Franklin, who is the owner of the proposed quarry site.
Carolina Boulder’s application for a state mining permit indicates the operation would be located on a 56-acre tract just east of the N.C. 107/N.C. 281 intersection. Vander Woude purchased the acreage, which is part of the old Junie Hooper property, for some $450,000 in January.
Carolina Boulder and Stone is seeking state approval to mine “unconsolidated material and crushed stone” from the site.
The application on file with NCDENR indicates Carolina Boulder will not blast and that the mine itself will occupy 3.44 acres and reach a maximum depth of 40 feet. Rock crushing will be a part of the operation, according to the application.
Jones has not yet approached Jackson County about securing any necessary county approvals or permits, said planner Linda Cable and erosion control officer Robbie Shelton. However, based on reviewing a condensed application forwarded to the county by NCDENR, Cable has said such an operation would be disallowed under the county’s 2002 Industrial Development Ordinance.
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.
In her opinion, a quarry there would not be permitted by the county because it fails to meet the setback requirements, Cable said.
“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.
Carolina Boulder’s Jones told The Herald two weeks ago that his intent is only to remove loose boulders and that’s why 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,” Jones said in a prepared statement. “This is required even for loose boulders or loose surface material. Carolina Boulder intends only to remove loose material. When the loose material is all removed, then a re-vegetation plan will be implemented.”
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.”
When contacted this week in light of Jones’ statement that he planned only to remove loose material, Cable said that if processing is involved, the operation would still fall under the local Industrial Development Ordinance.
Shelton, who said he has not spoken with Jones either, indicated that mining activity is not covered by Jackson County’s erosion control ordinance but falls under NCDENR supervision.
NCDENR’s Assistant State Mining Specialist Judy Wehner told The Herald several weeks ago 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 because NCDENR’s decision 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.
A copy of Carolina Boulder’s mining permit application and maps are on file with NCDENR’s Asheville office (828-296-4500) and Raleigh office (919-733-4574) for public review prior to Tuesday’s hearing. Additional information may be obtained from Wehner at (919) 733-4574.
Commissioners will meet tonight (Thursday) at 6 p.m. in their board room at the Justice Center. A 5:30 p.m. public hearing regarding placement of a cell phone tower in Whittier will precede the session.
The NCDENR hearing on Carolina Boulder and Stone’s mining application is set for 7 p.m. Tuesday, Aug. 22, in Courtroom 2 at the Justice Center.
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