Permit from Samuel T. Bratton submitted comments, 7-7-2020 with Cover Letter

J�l %
DIVISION OF
North Carolina Department of Natural LAND RESOURCES
Resources &Communit Development Stephen G. Conrad. Director
Y p Box 27687, Raleigh 27611
James B. Hunt, Jr , Governor Howard N Lee, Secretary Telephone [phone]
May 13, 1981
Mr. John Bratton, Jr.
Wake Stone Corporation
P. 0. Box 190
Knightdale, North Carolina 27545
RE: Cary Quarry
Wake County
Dear Mr. Bratton:
The application for a mining permit for the Cary Quarry
in Wake County has been found to meet the requirements of
G.S. 74-51 of The Mining Act of 1971. Since your company
already has a blanket bond on file sufficient to cover this
application, I am enclosing the mining permit.
The conditions of the mining permit were based primarily
upon information supplied in the application with conditions
added as directed by the North Carolina Mining Commission
necessary to insure compliance with The Mining Act of 1971
and to provide maximum possible protection to William B. Umstead
State Park.
Please review the permit and notify this office of any
objection or question concerning the terms of the Permit.
Very truly yours,
Stephen G. Conrad, Director
SGC:pg
cc: John Holley
Geological Survey Section 73- :23. Geodolic Survey .SQUIun 73J J836, Ljnu Qjafrty Sdi tion 733-4514, Planning and Invenlury Section-733 3833,
'Iesources Information Service 733 2WO
An rurlunrfy AlNrnrelive Aci+un Lmpluycr

DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P E R M I T
for the operation of a mining activity
In accordance with the provisions of G. S. 74-46 through 68,
"The Mining Act of 1971", Mining Permitting Regulation 15
N.C.A.C. 5B,.and other applicable laws, rules and regulations
Permission is hereby granted to:
WAKE STONE CORPORATION permittee
for the operation of a CRUSHED STONE QUARRY
entitled,. CARY QUARRY , permit no. 92-10
and located in WAKE County, which shall provide
that the usefulness, productivity and scenic values of all lands
and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

11
In accordance with the application for this mining permit, which
is hereby approved by the Department of Natural Resources and
Community Development, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to
and incorporated as part of this permit, provisions must be made
for the protection of the surrounding environment and for reclamat.ion
of the land and water affected by*the permitted mining operation.
This permit is expressly conditioned upon compliance with all the
requirements of the approved Reclamation Plan. However, completed
performance of the approved Reclamation Plan is a separable obligation,
secured by the bond or other securities on file with the Department,
and may survive the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following
exception: If another operator succeeds to the interest of the per-
mittee in the permitted mining operation, by virtue of a sale, lease,
assignment or otherwise, the Department may release the permittee from
the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the
permit. to the successor operator, provided that both operators have
complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to
reclamation of the affected land and posts a suitable bond or other
security.
In the event that the Department determines that the permittee or
permittee's successor is'not complying with the Reclamation Plan or
other terms and conditions of this -permit, or is failing to achieve
the purposes and requirements of the Mining Act, the Department may
give the operator written notice of its intent to modify, revoke or
suspend the permit, or its intent to modify the Reclamation Plan as
incorporated in the permit. The operator shall have right to a hearing
at a'designated time and place on any proposed modification, revocation
or suspension by the Department. Alternatively and in addition to the
above, the Department may institute other enforcement procedures
authorized by law.
Definitions
Wherever used or referred to in
indicates otherwise, terms shall
the Mining Act, N X.G.S. 74-49.
Site Plan
this permit, unless the context clearly
have the same meaning as supplied by
The site plan referred to in this permit shall indicate the topographic
site plan of the Wake Stone Corporation:.: revised March 10: _;:1981 with
the following exception:
The berm and associated disturbances located along:the northern,
boundary shall not be constructed unless approved by the Department."

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Park
Whenever used or referred to in this permit, the term "park" shall
mean the'William B. Umstead State Park.
Conditions
The permitted mining operation shall not violate standards of air
quality, surface water quality, or ground water quality promulgated
by the Environmental Management Commission.
This permit shall be effective from the date of its issuance until
May 13, 1991 and shall be subject to the provisions of the Mining
Act, N.C.G.S. 74-46, et. seq., and to the following conditions and
limitations:
1. Wastewater Control
Any wastewater processing shall be in accordance with permit
requirements and regulations promulgated by the Division of
Environmental Management.
2 �Dust:�,Conf-Y-0I
Any mining process producing air contaminant emissions shall
be subject to the permitting requirements and regulations pro-
mulgated by the Division of: Environmental Management. The
operator will take whatever reasonable precautions necessary
to prevent or minimize the fugitive dust from going offsite.
Such measures include.but are not limited to:
,A-'. The_.; access_ road_-to°the::.:quatry,-.:_1r6mi-the_ scale. -:house to �A
S_R= 1790, rshall :-be. rpaved�: wake _Stone Corporation shall --�--�
cooperate with the. -Department of Transportation in paving
SR 1790 from the entrance to the quarry to the intersection
with SR 1654.
*B. The .provisions of the air equality permit rr4386' shall be
followed.
ZC . A :water wagon with- sprays shall be used for wetting roads
to prevent dust.
_E1.1"
Sprays shall be used throughout the plant at transfer points
to . control dust:. rZ)c_%% r,c_c� ' i� ` � ,s �i•�%
Drill. hole dust.- shall . be controlled by wetting or other .means .
P' -Dust .control at the crushers: and ",scrLens-,;shal_l :be`- maintained
bye the=�use of water sprays_s���
17 A "water spray shall -b.e pf&q.Olded f or. highway.- haul ,. trucks.
Washed stone shall be _stockpiled within the part of the
designated plant ar.ea.'wiUch -is closest Vto the. park
',,..�

..
Buffer Zones
The dotted line labelled as buffer along the northern boundary and
along the eastern boundary is the permanent buffer as designated
by the Mining Commission. (Site plan dated March 10, 1981)-
An undisturbed buffer of existing natural vegetation shall be
maintained between the mining disturbance and Park property•as
indicated by the 1110 year buffer" shown on the site plan dated
March 10, 1981.
An undisturbed buffer zone of existing natural vegetation shall
also be maintained between the top edge of the bank of Crabtree
Creek and any mining disturbance within the 10 year permit area.
�S
The buffer zone shall be of sufficient width to prevent offsite
sedimentation and to preserve the integrity of the natural water-
c•�
course. In any event, the buff er will meet U.S. Corps of Engineers
L
requirements for Crabtree Creek Watershed.
The only exceptions to these undisturbed buffers of natural veg-
etation are:
A. The construct ion : of berms:,.-; as_:. approved-. by.. the-: Department for
visuia .L and- no see` screening - --`
B. The installation of" drainage and sedimentation controls to
protect the Crabtree Creek.
C. Such crossings as may be necessary in future years to
accommodate the installation of utilities.
4
Erosion and Sediment Control
Adequate mechanical barriers including but not limited to
diversions, earthen dikes, brush barriers, silt check dams,
silt retarding structures, rip rap pits, or ditches shall
be provided in the initial stages of any land disturbance
to prevent sediment from discharging onto adjacent surface
areas or into any lake or natural watercourse in proximity
to the affected land.
The existing lakes shall be used to trap sediment from
initial mining disturbances. The spillways of the exist-
ing lakes shall be further stabilized as necessary to
prevent erosion of the spillway from runoff from the affected
lands. The embankments of the existing lakes shall be
improved if necessary to insure the stability of the embankments
9

a OI 1j
C . The angle or graded- slopes, and*;" 'shall==be- no greater
:thaa_the..._angle which ' ctn' be retained -by vegetative •cover
or,-- at�her;: adequate. erosion_"control m6asures,,,.".structure or
device. In any event, exposed slopes or any excavated
channels, the erosion of which may cause offsite damage
due to siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
D. Drainage shall be provided either through or around any
berms that would otherwise obstruct natural drainage.
5 Noise Abatement
All reasonable precautions shall be taken to minimize the
impact of operational noise upon Umstead Park. Such measures
shall include but not be limited to:
iA . i-_Norse"ybarr.-ierse between tiie`� park boundarv, ;and the crushers
and screening :towers to "minimize noise � levels at. the park
-'shalh be rovided from- .the` outset`- ofrahe-: -operaaion'. Noise
barriers may be enclosures, walls, bins, structures, stock-
piles, or'natural terrain. In the event there is disagreement
over the required noise control measures, the final design
and emplacement of noise barriers shall be determined by
qualified noise and engineering consultants mutually agreed
upon by both parties.
�! The, p1ant::'sha=11~be ;located _at__=the=`loWest easble . elevat.ibn .
The- lant78hall- be ;desi ned_ _so,. that -tbie" -primary crusher can
P _ . g _.... _ ,....,
be'relocated in the pit at the earliest..,
possible � date'.
The : c�ii tes~used: in,
processing .:shall -' bd-` rubberized;.
F Compressors -with noise abatement enclosures (currently called
whisperiz_ed compressors)" •shall be - used _with track drills to,
open the quarrya. Once the quarry is opened, either hydraulic
or down -in -the -hole drills.shall be used to further reduce
noise.
7. Pit haul trucks shall :be equipped to exhaust through the
beds of the trucks to muffle engine noise.
Conveyors rather_ . than trucks ..shall...be . used: for stockpiling
material.
he quarrry,Mand tone process- operations -shall be .operated
cti'�"f+�'rSi. hP,'� Y� .'�tsK-�. L'y" ..ram:-r.: cr •r ,c:�i,L�s �: +isv,tk-c�rN`•�. .... a,
'only on :Monday t rough- wFrday� ,a'nd half. not `'beoperated .on
�the"fol.owirig recognizedholdays. New Year's Day, Easter
Monday, Fourth of July, Labor Day, Thanksgiving Day, and
Christmas Day. A reasonable amount of hauling of processed

V V L 1. V
stone from the stockpile areas is permitted untill:00 P.M.
on Saturdays, but hauling shall not be done at any other
time on weekends or on holidays without.prior�approval
by the Department.
6 Processing Plant ­'Location'
A. The processing and stockpiling facilities shall be located
as indicated on the Wake Stone Corporation site plan dated
March 10, 1981."
B . The plant shall.. be ' located to place the :processing and
stockpiling facli,liti.es at the. -lowest, possible_: elevation
to reduce visibility -and .noise impac..on the -.park°:
C . The location : of theti pit . shall be ,such that , _once..the over-
burden is removed; -`the - quarry' -excavating , equipment-i'e .
compressor and drill, shovels, and trucks -can be placed at
an elevation lower than the surrounding natural ground in
the initial phases of quarrying.
Prevention of" •Stagnant Pools
The affected land shall be graded so as to prevent collection
of pools of water -that are, or are likely to become, noxious
or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to
prevent such conditions.
(�. `Blasting
The_ `following -blasting conditions shall'�be..;gbserved:-b _the
operator to prevent hazard `.to persons - and adjacent :: property
from thrown rock or vibrations
A. In all blasting operations, except as hereinafter otherwise
provided, the maximum peak particle velocity of any component
of ground motion shall not exceed 1 inch per second at the
immediate location of any building regularly occupied by
human beings such as dwelling house, church, school, public
building, or commercial or institutional building.. A smaller
peak particle velocity may be required to protect neighboring
structures or equipment vulnerable to vibrations less than 1
inch/second peak particle velocity.
B. Airblast overpressure shall not exceed 128 decibels linear
(dBL)-"warning," 132 dBL "caution," and 135 dBL "maximum" as
measured at the immediate location of any dwelling house,
church, school, public building, or commercial or institutiona:
building.

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C. The operator shall take all reasonable precautions to
insure that flyrock is not thrown beyond areas where the
access is temporarily or permanently guarded by the operator.
Should flyrock occur beyond the guarded area, it shall be
reported to the Department immediately. The Department will
conduct a thorough investigation to determine the cause.
Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation
of the permit.
D. Operator shall maintain records on each individual blast
describing: the total number of holes=, pattern of holes;
depth of holes; total pounds of explosives; maximum pounds
per delay interval; amount of stemming and burden for each
hole; and blast location. Records shall be maintained at
the permittee's mine office and copies shall be provided to
the Department upon request.
9 Visual Screening
The operation' sYia"11 be situated;"to optimize natural, screening -of
the operation�,-from- :public.;.,view.: from_:, Interstate -:40 and :the ,Park
prop-e,"rty� The visual screening plan shall include maintaining
undisturbed buffer areas'of natural vegetation as shown on the
site plan dated March 10, 1981. ..Additionally, a vegetated earthen
berm shall be constructed east of the processing plant and stock-
pile area as shown on the revised site plan. Visual screening
such as vegetated earthen berms and/or evergreen trees shall be
placed as necessary to supplement natural screening.
Construction of Berms
, . A .vegetated earthe4,,�berm:.shall be : constructed .:_between the
Wal e...Stohe.:. orporat�ion_ plant .and the western, boundaxof�-t e
Park as shown, on Wake ' Stone `.Corporation's:.ste plan -.dated
March 10, 1981
B. Berm dimensions shall be no less than indicated on Wake Stone
Corporation's site plan dated March 10, 1981 and may be higher
and longer than shown.
C. The side slopes of the -berm shall be graded to a stable grade
or 2 horizontal to 1 vertical grade or flatter and revegetated
on the sides and top with grasses and evergreen trees. The
toe of the berm shall not encroach on the park property b-oundar�
and shall be at least 50 feet from the boundary. The alignment
of the berm may vary from the approved site plan as is necessar"
to provide the 50 feet of undisturbed land between the park
boundary and the toe of the berm and assuring an acceptable
angle of repose for the slope of the berm.
D. Other berms may -be required as mining.progresses.to reduce the
noise and visual impact upon the.park.

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10. Highwall Barrier
A physical barrier consisting of a fence or boulder barriers,
etc. shall be maintained around the perimeter of any quarry
highwall.
11. Annual Report
An Annual Reclamation Report shall be submitted on a form supplied
by the Department on February 1 of each year until reclamation is
completed and approved.
12. Surety Bond
The security which was posted pursuant to N.C.G.S•o4-54 inthe
.the form of $25,000.00 Blanket Bond is sufficient t
crushed stone operation as indicated on the approved application.
This security must remain in force for this permit to be valid.
The total affected land shall not exceed the bonded acreage.

APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which
is a condition on the continuing validity of that Mining Permit. Additionally,
the Reclamation Plan is a separable obligation of the permittee, which continues
beyond the term of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G. S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other uncon-
solidated materials shall be at such an angle as to minimize the possibility
of slides and be consistent with the future use of the land.
2. Provisions for safety .to persons and to adjoining property must be provided
in all excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in
accordance with accepted conservation practices and which is suitable for
the proposed subsequent use of the land.
4. No small pools of water shall be allowed to collect or remain on the mined
area that are, or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic
and reforestation practices as established by the N.C. Agricultural
Experiment Station and the N.C. Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation
Plan herein incorporated. These activities shall be conducted according
to the time schedule included in the plan, which shall to the extent
feasible provide reclamation simultaneous with mining operations and in
any event, initiation of reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS
1. Provided further, and subject to the Reclamation Schedule,
the reclamation shall be to restore the affected lands to
a condition suitable for wildlife and recreation.
2. Specifications for reclamation shall be as follows:
A. The process plant area shall be graded and smoothed.
B. Any sideslopes in unconsolidated material shall be graded
to a 2 horizontal to 1 vertical grade or flatter.

C. Suitable benches shall be left in the rock excavation to
provide support where rock weakness could lead to collapse
of high walls.
D. Overburden shall be used for site grading or berm construction
at approved locations.
E. Settling ponds shall be drained and stabilized to prevent
erosion.
F. Oil, grease, scrap metal, wood and other debris shall be
removed from the surface and delivered to scrap dealers
or landf filled in an approved manner.
G. Any diverted or re-established drainage channels shall be
restored to a stable condition.
H. The affected land shall be graded to prevent the collection
of noxious or foul water.
3. Revegetation Plan
All reclaimed areas in unconsolidated material shall be re -
vegetated utilizing the following provisions:
Site Preparation: The ground will be graded and/or shaped
where necessary keeping in mind the ultimate use of the site,
but in no case will any slope greater than 26 degrees in un-
consolidated material be left. Loose rock, woody material,
and other obstruction that will interfere with the establishment
of vegetation planned for the site will be removed and/or buried.
Surface runoff that might concentrate to cause undesirable erosion
will be controlled by terraces or diversions diverting water to
protect outlets.
Lime and Fertilizer: Liming and/or fertilizer will be conducted
in accordance with soil test results and as required for vegetation
planned for the site.
Seedbed Preparation: Lime and fertilizer will be mixed with the
soil to a depth of 3 to 4 inches where conventional equipment
can be used. On slopes steeper than about 2:1, soils will be
grooved or scarified along the contour to provide for retention
of seeds and nutrients on the slope until germination and growth
is started. On steep slopes not accessible to machinery, seed and
nutrients will be applied by hand.

DR
Vegetation: Sericea Lespedeza and/or Weeping lovegrass will
be established on the site to provide ground cover and erosion
control. When using Sericea Lespedeza, scarified seed will be
applied when reclamation is conducted during spring months and
unscarif ied seed will be used during, the fall.
Application will be in a uniform manner either by machine'or
hand at the rate of 50 pounds of lovegrass, Lespedeza, or com-
bination per acre. Seed will be covered to a depth of 1/8 to
1/4 inch and the soil then firmed with a cultipacker or similar
equipment. Mulch consisting of dry, unchopped small grain.straw
or similar type material will be spread evenly over the surface
at the rate of 1 to 2 tons per acre or until about 75 percent of
the soil is hidden. Loblolly pine seedlings will be planted at
selected sites to provide a view screen to provide revegetation.
Spacing will be about 4' X 4' for revegetation purposes.
Maintenance: Plant replacement and other maintenance that may
be required to establish vegetative cover appropriate to the
reclamation plan for this site will be carried out until veg-
etation is properly established.
Reclamation Schedule
Some reclamation activities, particularly those relating to
control of erosion, will be conducted simultaneously with
mining activities. Diversion channels or terraces that may be
required to control surface runoff on the property will be
established and revegetated as soon as they are constructed.
Portions of berms will be revegetated as completed. Final
reclamation activities will be initiated at the earliest practical
time after completion or termination of mining on any segment of
the permit area, and in all instances reclamation activities will
be completed within two years after completion or termination of
mining.
5. Donation to State
This provision is pursuant to Wake Stone Corporation's offer
to donate the quarry site to the State as part of its reclamation
plan.
The term, "quarry site," shall include the entire pit as i't
exists after quarrying has been completed, a strip extending
at least 50 feet back from the top of the slope of the pit on
all sides and a reasonable area to connect the pit and surround-
ing strip to the Park, constituting a total area of at least 75
acres.

During the option period, Wake Stone Corporation shall have
the right to encumber all of its remaining property from time
to time by mortgage, deed of trust or other security agreement
then in common use for the purpose of securing one or more
bona fide obligations of Wake Stone Corporation, such as the
payment of money or the providing of any goods or services.
The option to the State shall be subordinate to each such
encumbrance in the same manner and to the same extent as if.
such option had been recorded after the recordation of each
such encumbrance.
The right of the State to exercise its option shall be subject
to:
A. Wake Stone Corporation not being prohibited by the U.S.
Government, State of North Carolina, Wake County, any
municipality having jurisdiction, or by any court from
removing Wake Stone Corporation's property all quarryable
stone which is outside the buffer zone referred to in
condition 3, page 4. The requirements by the State that
Wake Stone Corporation comply with laws and rules and
regulations generally applicable to stone quarries shall
not be deemed a prohibition of quarrying . for the purpose
of the option agreement.
B. The operation of a quarry on Wake Stone Corporation's
property for a minimum period of five years.
The conveyance of the quarry site, if approved by the State,
shall be by deed containing the usual covenants of warranty
and conveying the quarry site free and clear of all encumbrances
except those existing at the time of Wake Stone Corporation's
purchase, ad valorem taxes at the time of conveyance (which
shall be prorated), and such drainage and utility easements
as shall have been installed in connection with the development
of the property.
The option may include such other terms as are mutually accept-
able to the State and Wake Stone Corporation.
The method by which the quarry site may be donated to the
State is as follows: Upon acquisition of the land by Wake
Stone Corporation (by the exercise of its options to purchase),
Wake Stone -Corporation will grant to the State an option which,
if exercised by the State, will require that Wake Stone Corporation
convey a fee simple title to the quarry site to the State. The
State shall have no obligation to exercise its option to accept
a conveyance of the quarry site.

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The terms and conditions of the option shall be as follows:
A. When all quarryable stone has been removed from all of the land
belonging to or under the control of Wake Stone Corporation during
the period of its quarrying operations and which lies between the
Park and Interstate Highway 40, it shall be the duty of Wake Stone
Corporation to notify the State of this fact. Upon receipt of
such notice, the State shall have six months within which it may
elect to have Wake Stone Corporation convey the quarry site to
the State. If the State elects'to have Wake Stone Corporation
convey the quarry site to the State, it shall notify Wake Stone
Corporation of such election within said; six month period. All
notices shall be by certified mail with return receipt requested.
If the State fails to make an election within said six month
period or shall elect not to accept a conveyance of the quarry
site, the option shall thereupon terminate and Wake Stone Corp-
oration shall have no further obligation to convey the quarry
site to the State.
B. If all quarryable stone is not removed, the right of the State
to acquire the quarry site shall accrue at the end of 5U years
from the date quarrying commences or 10 years after quarrying
operations have ceased without having been resumed. whichever
is sooner_ and notices shall be exchanged time in the
same manner a _- limitations as set forth in
paragraph A above.
C. Until the option has expired Wake Stone Corporation will not
encumber by mortgage or deed of trust any of the area designated
"BUFFER AREA" on Wake Stone Corporation's site plan dated
February 17, 1981, revised March 10, 1981, except for purchase
money security interests.
The terms and conditions relating to the donation are placed herein
to prescribe generally the boundaries of the Wake Stone Corporation
offer. The acceptance by the State is subject to approval by the
Department of Administration and the Council of State and the ascertai
ing that the offer is in accord with the laws of the State and lawfull
adopted rules and regulations. Further, the Department's analysis of
the condition of the land to be .transferred will be in accordance wits
the criteria identified in the "Principles Governing the Establishment
Extension and Development of State Parks, State Recreation Areas and
State Natural Areas."
Permit issued this the / 3 day of /17±j 19
BY: A L,.11
If
Stephen G. Conrad, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Natural Resources and Community Development