20230908_Modification_92-10

M`SfATE 4
D ROYCOOPER '
Governor V 1 o
ELIZABETH S.BISEP
Secretary •`4`a'+`"°`P•
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
interim Director Environmental Quality
September 8,2023
Mr. Sam Bratton
Wake Stone Corporation
PO Box 190
Knightdale,NC 27545
RE: Triangle Quarry
Mining Permit No. 92-10
Wake County
Neuse River Basin
Dear Mr. Bratton:
Your recent request to have the above referenced mining permit modified has been approved in accordance with
the Final Decision issued by the Honorable Administrative Law Judge Donald R. van der Vaart in the contested
case Wake Stone Corp. v.North Carolina Dept. of Env. Quality, Div. of Energy,Mineral,and Land Resources,22
EHR 0092 (N.C. Oft. Of Admin. Hr'gs,Aug. 11,2023). The modification is to increase the permitted acreage to
329.0 and the affected acreage at this site to 226.0 acres as indicated in the complete application and the Triangle
Quarry Mining Permit No.92-10 Modification Application Site Plans and E&SC Plan last revised August 4,2021.
The modification includes the construction of a new pit north and west of Crabtree Creek, a sound barrier wall, a
security fence east of Foxcroft Lake, a service entrance off Old Reedy Creek Road, a bridge crossing Crabtree
Creek, and includes the installation and maintenance of all associated erosion and sediment control measures. A
copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application. Modifications were made
as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The
mine name and permit number shall remain the same as before the modification.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations lies with you.
As a reminder,your permitted acreage at this site is 329.0 acres and the amount of land you are approved to disturb
is 226.0 acres.
Please contact me at(919)707-9220 if you have any questions.
Sincerely,
Adam Parr, PE
Acting State Mining Engineer
Enclosures
cc: Mr. Bill Denton, PE
D E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
5:1512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 2 769 9-1612
�• •���� / 919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,,AND LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the Final Decision issued by the Honorable
Administrative Law Judge Donald R.van der Vaart in the contested case
Wake Stone Corp.v.North Carolina Dept.of Env. Quality, Div.of
Energy,Mineral,and Land Resources,22 EHR 0092(N.C.Off. Of
Admin. Hr'gs,Aug. 11,2023)and the provisions of N.C.G.S. §74-46
through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC
0513,and other applicable laws,rules,and regulations
Permission is hereby granted to:
Wake Stone Corporation
Triangle Quarry
Wake County—Permit No.92-10
for the operation of a
Crushed Stone Quarry
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.

Page 2
In accordance with the application for this mining permit, which is hereby approved by the Department of
Environmental Quality,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 reclamation 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 security on file with the Department,and may survive the 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 permittee 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.
I. Definitions N.C.G.S. §74-49
Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have
the same meaning as supplied by the Mining Act,N.C.G.S. §74-49.
H. Modifications N.C.G.S. §74-52
April 1, 1991: This permit was modified to include three pit expansions,the construction of a pit perimeter
road,and the construction of the visual barrier berm along the 250-foot permanent buffer zone as indicated
on the revised Site Plan and supplemental information dated February 14, 1991.
February 5, 1992: This permit was modified to include and require compliance with the January 20, 1992,
blast and rockslide investigative report prepared by Wake Stone Corporation in its entirety.
October 11, 1996: This permit was modified to allow the shipping of material after 1:00 PM on Saturdays
until such time as the Umstead State Park reopens or the repair of the Raleigh Outer Loop Project near RDU
Airport is completed,whichever comes first.
November 24, 2010: This permit was modified to increase the affected acreage at this site to 156.6 acres
as indicated on the Site Plan Maps last revised November 22, 2010. The modification included the
construction of a stockpile area contiguous to the existing plant and stockpile yard and included the
installation and maintenance of all associated erosion and sediment control measures.
December 1,2017: This permit was legislatively modified to issue the permit for the life of the site or the
duration of the lease term.
March 28,2018: This permit was modified to correct discrepancies on the mine map and in several mining
permit conditions.

Page 3
September 8.2023 This permit was modified to increase the affected acreage at this site to 226.0 acres as
indicated on the Triangle Quarry Mining Permit No.92-10 Modification Application Site Plans and E&SC
Plan last revised August 4,2021. The modification included the construction of a new pit north and west
of Crabtree Creek, a sound barrier wall, a security fence east of Foxcroft Lake, service entrance off Old
Reedy Creek Road, a bridge crossing Crabtree Creek,and includes the installation and maintenance of all
associated erosion and sediment control measures. The permitted area at this site is 329.0 acres and the
area approved to disturb is 226.0 acres.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.
III. Operating Conditions N.C.G.S. V4-51
1. Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C.Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by- the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions, including fugitive dust,
shall be subject to the requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. The provisions of Air Quality Permit No.04386 shall be followed.
C. The permanent access(plant entrance)road shall be paved from the scale house to SR
1790. During quarry operation,water trucks or other means that may be necessary shall
be utilized to prevent dust from leaving the permitted area.
D. Dust suppression systems shall be used throughout the mine and processing facility to
control dust.
E. Drill hole dust shall be controlled by wetting or other means.
F. Dust control at the crushers and screens shall be maintained by the use of water sprays.
G. A water spray shall be provided for highway haul trucks.
H. Washed stone shall be stockpiled within the part of the designated plant area which is
closest to the park.
3. Buffer Zones
A. Any mining activity affecting waters of the State,waters of the U.S., or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.C.
Environmental Management Commission.
B. Sufficient buffer shall be maintained between any affected land and any adjoining
waterway or wetland to prevent sedimentation of that waterway or wetland from erosion
of the affected land and to preserve the integrity of the natural watercourse or wetland.

Page 4
C. All buffer zones shown on map sheet 2 of the Wake Stone Corporation, Triangle Quarry,
Site Plan Map Mining Permit No. 92-10, 2020 Mining Permit Modification dated August
4, 2021, shall be maintained to protect adjoining property. These buffer zones, with the
exception of the installation of required sediment control measures, sound barrier walls,
and approved earthen berms,shall remain undisturbed.
4. Erosion and Sediment Control
A. The operator shall notify the Raleigh Regional Office, Division of Energy, Mineral, and
Land Resources(DEMLR):
i. Prior to beginning any of the initial land disturbing activities indicated in the approved
application for a mining permit and any modifications to this permit thereafter, the
permittee must notify DEMLR's Raleigh Regional Office at least 48 hours prior to the
event.
ii. The permittee must notify DEMLR's Raleigh Regional Office of the completion of the
initial erosion control measures,sound barriers,and security fence within five business
days.
iii. The permittee must notify DEMLR's Raleigh Regional Office of the
completion/installation of the retaining walls and the bridge within five business days.
iv. The permittee must notify DEMLR's Raleigh Regional Office within five business
days before the commencement of pit construction with the use of the bridge for
haulage.
B. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.
C. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated in the table below:
Map Sheet Map Description
Received
1 through 12 Wake Stone Corporation Triangle August 4, 2021 August 12,
Quarry Mining Permit No. 92-10 2021
Modification Application Site Plans
and E&SC Plan
Site 1 through Triangle Quarry — RDU Expansion June 22,2021 June 22,2021 August 12,
Site 12 Erosion Control Plan 2021
S&ME Retaining Wall Design and September 29, September 29, January 11,
Calculations 2020 2020 2021
Supplemental Information Dated Sealed ReceiNed
FEMA No Impact Certification, 100- and 500-year March 27, 2020 March 27,2020 April 8, 2020
storm event analysis of bridge impact to Crabtree Creek
H dro eolo is Evaluation of the Triangle Quarry Aril 7,2020 Aril 7,2020 Aril 8, 2020
USACE Approved Jurisdictional Determination January 15, April 8, 2020
(expires February 14 2025 2020
NC DWR Neuse River Riparian Buffer Determination June 20,2019 April 8,2020
for RDU
Authorization Certificate per the Neuse River Basin February 10, Pending
Riparian Buffer Protection Rules (15A NCAC 02B 2022
.0233)with Additional Conditions

Page 5
Wake Stone Triangle Quarry Expansion Acoustical March 12,2021 March 12,2021 April 30,2021
Study.
Responses to DEMLR ADI Noise Questions 5/24/21 August 9,2021 August 12,
2021
D. An erosion and sediment control plan(s)shall be submitted to the Department for approval
prior to any land disturbing activities not indicated on the revised erosion control plan or
mine maps submitted with the approved application for a mining permit and any approved
revisions to it. Such areas include,but are not limited to,expansion outside of the approved
pit area,creek crossings,or expansion of overburden or waste disposal areas.
5. Groundwater Protection
A. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by
the Department.
B. The observation wells denoted on maps revised August 4,2021,shall be monitored at least
30 days prior to initiating any excavations of consolidated material (rock)in the initial pit
area to allow for the determination of pre-existing(static)groundwater levels.
C. The observation wells shall be drilled wells cased into consolidated rock and grouted to the
surface. The wells(boreholes) shall be extended at least 50 feet below static water level,
or at least 50 feet into unweathered rock, whichever is deeper. The wells shall be secured
against unauthorized entry with a lockable cap. The necessary permits or approvals to
construct these wells shall be obtained from the N.C. Division of Water Resources.
D. The observation wells shall be monitored quarterly at approximately the same day. The
static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall
be referenced to a datum point and a record of the water levels maintained. The quarterly
precipitation and the volume of pit water discharge shall also be recorded. Copies of these
records shall be maintained at the site and shall be provided to the Department upon
request. Static water level monitoring frequency may be increased or decreased as deemed
appropriate by the Department.
E. If the permanent observation well fails to function for monitoring purposes new
observation wells shall be installed.
F. The operator shall notify the Department of any adverse impacts observed within 48 hours
of discovery.
G. The operator shall immediately cease dewatering activities and rectify any adverse impacts
to any neighboring wells conclusively caused by the dewatering activities at the site using
the methods as proposed in the mitigation plan included in the application and received by
the Department April 8,2020. Dewatering activities may resume once any adverse impacts
to neighboring wells have been rectified.
6. Protection of Surface Waters and Wetlands in Non-directly Impacted Areas
A. Surface waters,within the project limits that have been avoided by direct impacts from the
project shall be monitored for surface flow/hydrology/continued function by the Permittee,
as deemed necessary by the Department. Monitoring results shall be used to identify any
loss of best use and to determine if the surface waters continue to provide aquatic life
propagation and biological integrity per North Carolina Administrative Code 15A NCAC
2B .0211(1)and if the wetlands continue to maintain existing uses per 2B .0231(b).

Page 6
i. The permittee shall submit a monitoring plan to the Division of Energy, Mineral,
and Land Resources for review and approval prior to initiating land disturbing
activities.
ii. At least one year of baseline monitoring shall occur prior to overburden stripping
and pit development. Tree clearing and grubbing, and installation of erosion
control measures may occur prior to or during this baseline monitoring period.
iii. If monitoring indicates a potential loss of use in any surface water and/or wetland,
DEMLR shall consult with the Division of Water Resources. If it is determined
that there has been a loss of use identified in 15A NCAC 2B .0211(1) or 213
.0231(b), DEMLR will notify the Permittee of the loss of use determination and
require the Permittee to submit a mitigation plan for review and approval prior to
implementing the plan.
B. If monitoring indicates a potential loss of use in any surface water or wetlands, as a result
of mining activities,the permittee shall notify the Raleigh Regional Office within 72 hours
of the discovery.
C. Record keeping and Reporting.
i. Monitoring shall be conducted and reported at least quarterly and in accordance
with the approved monitoring plan.
ii. The Permittee shall submit an annual report summarizing the data.
iii. The annual report shall provide any available monitoring data for the previous
three years.
iv. The annual year shall run from July 1 to June 30.
V. The report shall be submitted with the Annual Reclamation Report,per Section IV
of this permit.
vi. The permittee may cease monitoring of the streams one year after the surrounding
pit areas have been excavated below the lower most elevation of the streams within
the project area or to a depth of 260 msl whichever is lower.
7. Permanently Marked Permit Boundaries
A. All mining permit boundaries shall be permanently marked at the site on 100-foot intervals
unless the line of sight allows for larger spacing intervals.
B. Before and during initial site development, limits of disturbance, for any newly disturbed
areas, as indicated on the ESC plan received August 12, 2021, shall be marked at the site
on 100-foot intervals unless the line of sight allows for larger spacing intervals.
8. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event,exposed slopes or any excavated channels,the erosion of which may
cause off-site damage because of siltation, shall be planted, or otherwise provided with
groundcover,devices,or structures sufficient to restrain such erosion.
B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a
minimum 2 horizontal to I vertical or flatter and shall be stabilized within 60 days of
completion. Furthermore,a minimum ten (10) foot wide horizontal safety bench shall be
provided at the top of the rock and at the toe of any overburden slope.

Page 7
C. Waste rock piles shall not be constructed with steep,near vertical side slopes. Side slopes
shall be constructed in such a manner as to provide for a stable, safe configuration at
reclamation. Side slopes shall be graded to a minimum 2 horizontal to 1 vertical or flatter.
9. Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,or 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.
10. Blasting
A. The operator shall monitor each blast with a seismograph located at a distance no farther
than the closest off site regularly occupied structure not owned or leased by the operator.
B. The seismographic records including peak particle velocity,air overpressure,and vibration
frequency levels shall be recorded for each blast (except as provided under Operating
Condition Nos.III.10.13 and III.10.17 of this permit).The following blasting conditions shall
be observed by the mine operator to prevent hazard to persons and adjacent property from
surface blasting:
C. In all blasting operations,the maximum peak particle velocity of any component of ground
motion shall not exceed Figure 10-1 - Allowable Peak Particle Velocity by Frequency
(below) at the immediate location of any regularly occupied building outside of the
permitted area such as a dwelling house, church, school, or public, commercial, or
institutional building.

Page 8
Figure 10-1-Allowable Peak Particle Velocity by Frequency
�0.a 10.0
0
2.0
2 in/sec 2.0
1.5 1.5
1.0 1.0
a.0 0'9 0.7S 1 ntsec / °'g
0.7 1 0.7
0.6 1 1 0.6
°'
s '
_o � � 0-5
- °y4 ,
i O,d
4E 0.3 0.3
1
0.2 11 0.2
0 � /
1 �
1 4 10 20 30 140
Blast Vibration Frequency, Hz
Figure I Alternative blasting level criteria
(Source modified from figure B-1. Bureau of Mines R 185a?)
D. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
W=(D/DS)2 (EQ. 8.1)
DS=D/W"2 (EQ. 8.2)
V= 160(DS)-'-6 (EQ. 8.3)
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator. (feet).
DS = Scaled distance factor.
V = Peak Particle Velocity(inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per second, for the
purposes of this Section.

Page 9
E. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear
(dBL)as measured at the immediate location of any regularly occupied building not owned
or leased by the operator outside of the permitted area such as a dwelling house, church,
school, or public,commercial, or institutional building, unless an alternate level based on
the sensitivity of the seismograph microphone as specified below is being used:
Lower Frequency Limit of Measuring Max Level(dBL)
System (Hz)
0.1 Hz or lower-flat response 134 peak
2.0 Hz or lower-flat response 133 peak
6.0 Hz or lower-flat response 129 peak
F. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
U=82(D/W'-")-1.2 (EQ 8.4)
To convert U(psi)to P(dBL):
P=20 x log(U/2.9x10-') (EQ 8.5)
Confined Air blast/Overpressure(dBL)for quarry situation:
A=P-35 (EQ8.6)
U = Unconfined air overpressure(pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator(feet).
P = Unconfined air overpressure(decibels).
A = Air blast or air overpressure for typical quarry situations(decibels).
The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section.
G. The operator shall maintain records on each individual blast describing:
i. date and time of the blast.
ii. the total number of holes.
iii. pattern of holes and delay of intervals.
iv. depth and size of holes.
V. type and total pounds of explosives.
vi. maximum pounds per delay interval.
vii. amount of stemming and burden for each hole.
viii. blast location.
ix. distance from blast to closest offsite regularly occupied structure.
X. weather conditions at the time of the blast.

Page 10
Records shall be maintained at the permittee's mine office and copies shall be provided to
the Department upon request.
H. If ground vibration or air blast limits are exceeded,the operator will immediately(no more
than 24 hours after first knowledge of the exceedance) report the event with causes and
corrective actions to the Department. Use of explosives at the blast site that produced the
excessive reading shall cease until corrective actions approved by the Department are
taken. However, blasting may occur in other approved areas within the permitted
boundary. Authorization to blast at the blast site may be granted at the time of the verbal
reporting of the high ground vibration or high air blast reading if the circumstances justify
verbal approval. Failure to report will constitute a permit violation.
I. The operator shall take all reasonable precautions to ensure that flyrock is not thrown
beyond areas where the access is temporarily or permanently guarded by the operator.
Failure to take corrective measures to prevent flyrock and repeated instances of flyrock
shall be considered a violation of the Mining Permit.
J. Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on the mine
site shall be suspended until the following actions have been taken:
i. A thorough investigation as to the cause(s)of the incident shall be conducted.
i. A report detailing the investigation shall be provided to the Department within 10
days of the incident. The report shall,at a minimum,document the cause(s)of the
incident along with technical and management actions that will be taken to prevent
further incidents. The report shall meet with the approval of the Department before
blasting may resume at the mine site.
K. The operator shall provide to the Department a copy of the findings of any seismic studies
conducted at the mine site in response to an exceedance of a level allowed by these blasting
conditions. The operator shall make every reasonable effort to incorporate the studies'
recommendations into the production blasting program.
L. Once blasting activities begin in the area added as part of the 2020 Modification, west of
Crabtree Creek, the operator shall give 24-hour advance notice to William B. Umstead
State Park, DEMLR's Raleigh Central Office, and Raleigh Regional Office prior to any
blast for 2 years. The Department may request to extend the length of time if it is
determined to be necessary.
M. Once blasting activities begin in the area added as part of the 2020 Modification,west of
Crabtree Creek the operator shall provide the written records enumerated in I11.10.G to
DEMLR's Raleigh Central Office for each blast no later than 14 days after the blast for 2
years. The Department may request to extend the length of time if it is determined to be
necessary.
11. High Wall Barrier
A physical barrier consisting of large boulders placed end-to-end,fencing,or a sound barrier wall
shall be maintained at all times along the perimeter of any highwall at the mining permit boundary
to prevent inadvertent public access. In addition, a secondary barrier shall be maintained at the
perimeter of any high wall sufficient to provide mine operator safety as required by the NC
Department of Labor. In addition, a minimum 10 foot wide horizontal safety bench shall be
provided at the junction between the top of rock and the toe of any overburden cut slope.

Page 11
12. Visual Screening
A. Existing or enhanced vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening methods,such
as constructing earthen berms and/or sound barrier walls, shall be employed as deemed
appropriate by the Department.
B. Vegetated earthen berms and/or sound barrier walls shall be located and constructed as
shown on the Triangle Quarry Mining Permit No. 92-10 Modification Application Site
Plans and E&SC Plan last revised August 4, 2021. Approved seed mixes, loblolly pine,
red cedar,shrubs, and mast bearing hardwoods shall be planted as deemed appropriate by
the Department to improve visual and noise buffering.
C. Additional practical measures may be required as mining progresses to reduce the noise
and visual impact upon William B. Umstead State Park. Written approval from the
Department is required prior to implementation of these measures.
13. Buffer Between Mining Permit Boundaries and/or Rights-of-3y .
Sufficient buffer, acceptable to the Department, shall be maintained between any excavation and
any mining permit boundary to protect adjacent property.
14. Refuse Disposal
A. No on-site disposal of refuse or other solid waste that is generated outside of the mining
permit area shall be allowed within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the N.C. Division
of Waste Management and DEMLR. The method of disposal shall be consistent with the
approved reclamation plan.
B. Mining refuse as defined by N.C.G.S. §74-49 (14)of The Mining Act of 1971 generated
on-site and directly associated with the mining activity may be disposed of in a designated
refuse area. All other waste products must be disposed of in a disposal facility approved
by the N.C. Division of Waste Management. No petroleum products, acids, solvents or
their storage containers or any other material that may be considered hazardous shall be
disposed of within the permitted area.
C. For the purposes of this permit, the DEMLR considers the following materials to be
"mining refuse"(in addition to those specifically listed under N.C.G.S. §74-49(14)of the
N.C. Mining Act of 1971):
i. on-site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. drill steel.
D. If mining refuse is to be permanently disposed within the mining permit boundary, the
following information must be provided to and approved by the DEMLR prior to
commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
vii. a list of refuse items to be disposed.

Page 12
viii. verification that a minimum of 4 feet of cover will be provided over the refuse.
ix. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,
X. verification that a permanent vegetative groundcover will be established.
15. Noise Abatement
All reasonable precautions shall be taken to minimize the impacts of operational noise upon
Umstead Park. Said measures shall include,but not be limited to the following:
A. Noise barriers between the park boundary and the crushers and screening towers to
minimize noise levels at the park shall be provided from the onset of the operation. Noise
barriers may be enclosures, walls, bins, structures, stockpiles, berms, or natural terrain.
The final design and placement of noise barriers shall be determined by qualified noise and
engineering consultants approved by the Department.
B. The processing plant shall be located at the lowest feasible elevation.
C. The processing plant shall be designed so that the primary crusher can be relocated in the
pit at the earliest possible date.
D. The chutes used in processing shall be lined with sound deadening material.
E. Compressors with noise abatement enclosures(currently called whisperized compressors)
shall be used with track drills to open the quarry. Once the quarry is opened, either
hydraulic or down-in-the-hole drills shall be used to further reduce noise.
F. Pit haul trucks shall be equipped with modern exhaust to muffle engine noise.
G. Conveyors rather than trucks shall be used for stockpiling material.
H. The quarry and stone process operations may be operated on Monday through Friday and
shall not be operated on the following recognized holidays:New Year's Day,Good Friday,
Fourth of July, Labor Day,Thanksgiving Day,and Christmas Day. A reasonable amount
of hauling of processed stone from the stockpile areas is permitted until 1:00 PM on
Saturdays, but hauling shall not be done at any other time on weekends or on holidays
without prior approval from the Department.
I. Site operations within the area added as part of the 2020 Modification, west of Crabtree
Creek,shall typically occur between 7:00 AM to 5:00 PM,Monday through Friday,unless
the day is excluded by condition 11I.15.H. The permittee may operate outside of these
hours on an as needed basis unless the day is excluded by condition 1II.15.H. If the
permittee operates outside these hours for more than 5 consecutive days, notice shall be
provided to the Department.
J. The permittee cannot commence with pit construction until the initial erosion controls
measures, the sound wall/barriers, and security fence are in place and approved by
DEMLR's Raleigh Regional Office.
K. The permittee cannot commence stripping and mine haulage across the bridge until the
sound barriers on the bridge and along the haul road are in place and approved by
DEMLR's Raleigh Regional Office.
L. White noise back up alarms shall be installed on Wake Stone Corporation owned and
leased mobile equipment that are required to have back alarms.

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M. Once proposed sound mitigation measures are installed, the operator shall provide an
annual report to the Department certifying that noise levels from the area added as part of
the 2020 Modification,west of Crabtree Creek do not exceed the significant noise impact
levels, as modeled and defined in the Wake Stone Triangle Quarry Expansion Acoustical
Study dated March 12,2021 ("The results indicate that operating noise from the future Pit
2 will only increase noise levels throughout the vast majority of Umstead State Park by
less than 3 decibels; well below the recognized definition for a substantial noise increase
impact of 10 decibels"). If the annual report indicates that noise levels have exceeded this
threshold,then it shall be accompanied with a mitigation plan to address how the operator
will mitigate the impact. The report will be submitted to the Department along with the
Annual Reclamation Report.
16. Processing Plant Location
A. The processing and stockpiling facilities shall be located as indicated on the Site Plan Map
revised August 4,2021.
B. The plant shall be located to place the processing and stockpiling activities at the lowest
possible elevation to reduce visibility and noise impacts on Umstead State Park.
C. The location of the pit shall be such that once the overburden 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.
D. No portable screen(s), portable crusher(s),or any other mobile process equipment may be
used in the area added as part of the 2020 Modification, west of Crabtree Creek, without
written approval from the Department.
17. Ni hg_t Light Pollution.
All reasonable precautions shall be taken to minimize the impacts of light pollution upon Umstead
Park. Said measures shall include,but not be limited to the following:
A. All mobile light units are to have the emitted light aimed in a downward projection to the
maximum practical extent.
B. Any nighttime activity performed in the area added as part of the 2020 Modification west
of Crabtree creek, requiring the use of mobile light unit(s), shall be completed as
expeditiously as possible.
C. The operator shall provide notice to the Department within a reasonable period for any
nighttime activity performed in the area added as part of the 2020 Modification west of
Crabtree creek,requiring the use of mobile light unit(s).
18. Bridge Construction and Crossing of Crabtree Creek
A. Land disturbing activity associated with pit development in the quarry expansion area is
strictly forbidden until all required permits and/or authorizations are obtained by the
permittee for the construction of the bridge to cross Crabtree Creek.
B. The design of the bridge for permits and/or authorizations issued by other agencies must
correspond to the design represented in Wake Stone Corporation Triangle Quarry Mining
Permit No.92-10 Modification Application Site Plans and E&SC Plan,last revised August
4,2021.
C. The area between the bridge abutments and Crabtree Creek must be left unobscured and
free of riprap or any other armoring devices, such that the area can serve as a wildlife
corridor.

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19. Undesignated Areas
Undesignated areas shown in Wake Stone Corporation Triangle Quarry Mining Permit No. 92-10
Modification Application Site Plans and E&SC, pages 1 through 13, (revised August 4, 2021)
including the area marked as "future reserves" will be treated as Screening Buffer and cannot be
disturbed or cleared without written approval from the Department.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §74-55
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52
The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any
part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
VI. Bonding. N.C.G.S. §74-54
The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $1,000,000.00 bond, is
sufficient to cover the operation as indicated in 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.
VII. Archaeological Resources. N.C.G.S. §70-3
1. Minimum Requirements
A. Authorized representatives of the N.C. Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.
B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act,"should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist,N.C. Division of Archives and History.
VIII. Approved Reclamation Plan. N.C.G.S. §74-53
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 terms of the Mining Permit.
To comply with N.C.G.S. §74-53 the approved plan will provide:
1. Minimum Standards
A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.

Page 15
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. 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.
D. 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.
E. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
F. 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, provide 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.
2. Reclamation Conditions
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to allow the quarry excavations to fill with water,provide a permanent barricade(fence)
along the top of any high wall, and grade and revegetate any areas in unconsolidated
material.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
ii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iii. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
V. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. III.14.A
through 0.
vi. The affected land shall be graded to prevent the collection of noxious or foul water.
vii. Any diverted or re-established drainage channels shall be restored to a stable
condition.
viii. Any waste rock piles remaining within the permit boundaries shall be permanently
stabilized as indicated on the Mine Map last revised August 4,2021. At all times,
waste rock piles shall be maintained in a manner so as to provide for a stable,safe
configuration and sloped to the natural angle of repose or flatter.

Page 16
3. Revegetation Plan
After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan
included in the application and approved by David F. Lee dated March 30, 2020, and the
Revegetation plan included on Drawing No. "SITE 10" of the Erosion Control plans sealed
March.5,2021.
Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass,Indian grass,bluestem,and gamma grass.
In addition,the permittee shall consult with a professional wildlife biologist with the N.C.Wildlife
Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Donation to the State.
This provision is pursuant to Wake Stone Corporation's offer to donate the original quarry site (situated
east and south of Crabtree Creek)to the State as part of its reclamation plan.
The term"quarry site"shall include the entire original quarry pit(situated east and south of Crabtree Creek)
as it 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 surrounding strip to the Park,
constituting a total area of at least 75 acres.
The method by which the quarry site may be donated to the State is as follows: 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 conveyance of the quarry site. The option may include such other terms as are mutually
acceptable to the State and Wake Stone Corporation.
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 has been recorded after the
restoration of each such encumbrance.
The right of the State to exercise its option shall be subject to:
Wake Stone Corporation not being prohibited by the US Government. State of North Carolina,
Wake County, any municipality having jurisdiction, or by any other court from removing from
Wake Stone Corporation's property all quarryable stone which is outside of the buffer zones
referred to in Operating Condition No.3 of this permit. The requirements by the State that Wake
Stone Corporation comply with laws and rules and regulations generally applicable to stone
quarrying shall not be deemed a prohibition of quarrying for the purpose of the option agreement.
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

Page 17
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 terms and conditions of the option shall be as follows:
A. When all quarryable stone has been removed from all of the land and belonging to or under
the control of Wake Stone Corporation during the period of it quarrying operations and
which lies between Umstead State 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 and return receipt
requested.
If the State fails to make election within said six-month period or elects not to accept a
conveyance of the quarry site,the option shall be thereupon terminated, and Wake Stone
Corporation 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 50 years from the date quarrying commences or 10 years after
quarrying operations have ceased without having been resumed, whichever is later, and
notices shall be exchanged at that time in the same manner and with the same time
limitations as set forth in Paragraph A above.
C. Until the option has expired,Wake Stone Corporation shall not encumber by mortgage or
deed of trust of any of the area designated"BUFFER AREA"on Wake Stone Corporation's
Site Plan last revised February 26,2018,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 ascertaining that the offer is in accord with the laws of
the State and lawfully adopted rules and regulations. Further,the Department's analysis of the conditions
of the land to be transferred will be in accordance with the criteria identified in the"Principles' Governing
the Establishment of Extension and Development of State Parks, State Recreation Areas and State Natural
Areas."

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XI. Issuance and Modification Summary. N.C.G.S. V4-51 and 474-52
This permit issued May 13, 1981, modified April 15, 1986, renewed and modified April 1, 1991,modified
February 5, 1992, and October 11, 1996, renewed April 20, 2001, modified November 24, 2010, renewed
March 30, 2011, and modified December 1, 2017, and March 28, 2018, is hereby modified this 8th day of
September 2023 pursuant to N.C.G.S. §74-52.
By:
William E.Toby Vinson,Jr.,PE Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION
Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit:
Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing
a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes
the decision and posts the decision on a publicly available website.
General Filing Instructions: A petition for contested case hearing must be in the form of a written petition,
conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church
Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 150B-23.2. A petition for contested
case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at
https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a
petition are set forth at 26 NCAC Chapter 03.
Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means
authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality:
William F. Lane,General Counsel
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also
serve the permittee in accordance with NCGS 150B-23(a).
* * x
Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information
is available at hns://www.oah.nc.gov/hearings-division/hearing_process/filing-contested-case. Please contact the
Office of Administrative Hearings at [phone] or [e-mail] with all questions regarding
the filing fee and/or the details of the filing process.