2020_07_27_15_34_04

RECEIVED
MATTOX LAW FIRM 'UL No M20
LAN SECTION
Isabel Worthy Mattox
Telephone [phone] [e-mail]
Matthew]. Carpenter
[e-mail]
July 17, 2020
VIA U.S. Mail and E-mail
Mr. Brian Wrenn
Director Division of Energy, Minerals, and Land Resources
Brian. [e-mail]
[e-mail]
1612 Mail Service Center
Raleigh, NC 27699
Re: Wake Stone Mining Permit No. 92-10 filed April 8, 2020 (the "Permit Application")
Dear Mr. Wrenn:
As attorney for the Umstead Coalition, 1 write to highlight deficiencies in Wake Stone's Permit
Application. Specifically, Wake Stone failed to notice the proper parties as required by N.C.
Gen. Stat. §74-50.
N.C. Gen. Stat. §74-50(bl) requires the applicant or operator, in connection with a permit
modification request, to provide mailed notice to:
(1) the chief administrative officer of each county and municipality in which any part of
the permitted area is located.
(2) The owners of record of land adjoining that lies within 1,000 feet of the permit
boundaries. [emphasis added)
(3) The owners of record of land that lies directly across and is contiguous to any
highway; creek, stream, river, or other watercourse; railroad track; or utility or other
public right-of-way and that lies within 1,000 feet of the permit boundaries. For purposes
of this subdivision, "highway" means a highway, as defined in G.S. 20-4.01(13) that has
127 W. Hargett Street, Suite 500, Raleigh, NC 27601 1 Post Office Box 946, Raleigh, NC 27602 1 Fax [phone]

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four lanes of travel or less and that has not been designated a part of the Interstate
Highway System.
Wake Stone failed to properly notify the City of Raleigh, City of Durham, County of Wake, and
County of Durham (the "Adjacent Owners") as record owners of land that lies directly within
1,000 feet of the permit boundaries as shown on Exhibit A. The Adjacent Owners (not RDU
Airport) are the owners of record of the land by virtue of that deed recorded in Deed Book 2054,
Page 313 of the Wake County registry (see Exhibit B).
Therefore, Wake Stone's mining permit application is deficient on its face and must be denied.
At a minimum, DEMLR must require Wake Stone to re -file the Permit Application and provide
notice to adjacent landowners as required by the Mining Act. Accordingly, DEMLR is required
to hold an additional public hearing to allow the Adjacent Owners to be heard on the matter.
Sincerely,
cc: Dan Sams, [e-mail]
Sheila Holman, [e-mail]
John Fullwood,[e-mail]
Brian Strong, [e-mail]
Reid Wilson, [e-mail]
Bill Lane, [e-mail]
Dr. Jean Spooner, [e-mail]
Bill Doucette, [e-mail]

Exhibit A
P operty Owned b
Ci of RaIeig , City
f Durham, Wake
County, Durham Umstead State
County Park
Deed Book 2054,
Page 313
Proposed
Mining
Operation
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0 425 850 1,700 ft
1 inch =800 feet
PIFGIH MU
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for Information purposes,
and are NOT surveys. No warranties, expressed or Implied
,are provided for the data therein, its use,or Its Interpretation.

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This d..d drawn by _ Purringtgn & Purrington �.. _$Oii zQ
"all" CAROItNA—Wake County. r
_ kca._A day .� -. _�� 4 . Lein_ � ...,.., by _�ernard�..�lanchard_.and
THIS OEEO made this . �,
.Charles F...._.B.Lanchard,_.-he --hnsband!--tctaldine_M.,. C,arne}►_and_Charles-B..-CarneLy-o
her_..husband_.._........._.._......_�......_......_.
to--the-City.-of. _Ralea.gh...� th.e_.Cbunty..s;€.?e.,h. Cty_..o€ Aurham. _endh
_ County. bf.._Durham.........................._...._...._._.___._.._._agents", an .t
Wake County, North Carotins; Witnoseath: That the O►antore. In consideration of Ton Dolls" end olbe valuably eonsidaralions to them paid by the Stanteoe♦, she
rocalpi of which Is hereby �cknowledgod, haws, bargained and sold, and by theme presents do grsal, bargain, ell and son voy one. the OtanMN, their bob%
ar succossors, and atttyxt, the parcel(s) of land in Wake co". Noddb s artmNs, [e Cedar .Fork tewsrs� r
chaining the Isedo of ...... .- ...: ..� — .
I a eatC aid more pardeubtiy daacrlbsd as fellows;
BEGINNING at a concrete right of:way marker in the west line of S.R. 1650
and the south line of -Bernard S.-Hanula, and runs thence south 41 deg. 23
min. 34 sec. -west along the western right of way line of said road 172.91
feet; thence continuing in a southwestern direction along.said right of way
line along a curve to the left with a radius of 1477.39 feet (the chord of
which is south 35 deg.,23 min. 34 sec.•west' 308.86 feet)to a concrete
right of way marker.at the intersection of I-40 and said S.R. 1650; thence
along the north fine of I-40 north 70 deg. 16 min. 27 sec. wrist 386.88 feet
to a concrete right of way marker;• thence north 56 deg. 20 min. 26 sec.
west along said highway I-40 338=.45 feet to the center of Haley's Branch;
thence in a northern direction along the center of Haley's Branch to a
point in'said branch marked by*an existing iron on the east side of said
branch, said iron being north 4 deg. 38•min. 7 sec. east 110.66 feet from
the intersection of said I-40 right of way and Haley's Brands; thence
south 87-deg. 8 min. 20 sec, easti'930.58 feet to the point 8 Beginning;
being Tract 1 of a map entitled "__Property of Raleigh -Durham -Airport"
registered in Book of Maps 1972, V'ol. I, page 11, office of the Register
of Deeds for Wake County, containing 5.335 acres.
Tract 2:
BEGINNING at a concrete right of way marker located at the intersection
of the eastern right of way line•of S. R. 1650 and the north right of way
line of I-40, runs thence along the eastern right of way line of S. R.
1650 north 31 deg. 3 min. 38,sec, east 135.93 feet to a point where the
eastern right of way line of.S. R..1650 as now located intersects the
original center line of said'road;•runs•thence south 00 deg. 54 min. 34
sed.iwest.along the original center l�.ne'of S. R. 1650, 170.57 feet to a
concrete right of way marker; runs thence north 42 deg. 33 min. 48 sec.
west along the north right of way line of 1-40 98.28 feet to the Beginning;
being Tract 2 according to said map abovementioned; and.containing :146
acres.
Tract 3:
All right, title and interest of -the parties of the first part in the
right of way of S. R. 1650 described as follows: BEGINNING at a concrete
right of way marker located on the,west side of S..R, 1650 and the southeast"
corner of the Bernard S. Hanula property; runs thence south 87 deg. 8 min.
20 sec. cast 57.53 feet to a.point,lthe center line of S. R. 1650; runs
thence along the center line:of S.R. 1650 south 41 deg. 23 min. 34 sec. east
208.75 feet; thence along a curve fo the left, the radius of which is 260.44
feet, to the northern corner,of Tract 2; runs thence south 31'deg. 3 min.
38 sec. west along the western kineiof Tract 2, 135.93 feet to a concrete
monument.in the north right of way line of I-40; thence north 60 deg. 36
min. 26 sec. west 90 feet along the.north line of I-40; thence in a northern
direction along the right, of way.l.ihe of S. R. 1650 and east line of Tract
1 a -curve to the right.with an arc of 309.42 feet and'a chord of north 35
deg. 23 min. 34 sec..east, 306.86 feet to a point; .thence north 41 deg. 23
min. 34 sec. east 172.91 feet to the point of Beginning; being a•tract in.
the right of way of S. R. 165,0 according to the map above referred to:
SUBJECT, however, to ad valorem taxes for the year 1972.
This property wpm conveyed to Grantors by deed dated ,.�....._._.....' recorded In Book ... —____ Page _« Web County Rookery. '
TO HAVE AND TO 14OLD the aforesaid paral(s) of toad and all privileges and appurtenances thersuato belonging to elm cold Orsnloosf their Mire. or evccenw%
and assigns forever. 13brn J
Ages the void , .__ a B. Blanchard a d .hu band Cha�•les'`F. Blanchard, and
f3eraf Sine--M: -Carney.-anq-.huaDend--Charles-- B:--C•arney,-•.------------ -
Oranlor(A for themselves, their heirs, eaegaeots and adminlstraloni covenant with the Grantees. shelf halts, ar succetsorg, and assigns that they are label of
said pramises In fee end have the right to convoy the lama In fee simple; that the some ats, free from oncumbtsnces except as heroin got foethl sad thet they
wig warrant and defend the said title to the same against the claims of all persons whomsoever. v
The plural number at used herein shot) equally include the stnQolar. The masseuse or ,emir!" under at used hereto shall equally Inchrdo the neuter.
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MONTH CARMINA-Welts County. (If sclawatedQlsasf no takes In Wake CMun Ir. N. C. show comfy and' state where taken)
Ao.4-,- d L a Notary Public, do hereby comfy flat
Geraldine 1j_,igaLr!ey
Por"flatlY SpPsarod before
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me this day and ocknowledged the ancuflon at 160 fatesama dead of -conveyance.
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NOTARIAL SEAL HERE 14
(5001 mail be Impretted sufficiently
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NORM CAROLtNA—W**e County. Of acknev4drimmi so takes to Wake Co", N. C. show county sad 22&1* where is%*")
a Notary Pub0c. do hereby codify that
--z-- and hla Wife,
each PIP M Ally appeared before me tads day and acknowledged the due esnestien of t1w toreeohp dead of conveyance.
Witness my hand and notarial seal, day It.,... my Commission expires
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(SSol most be Impressed sufficiently
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Mean MY hand and notarial M!, this day 19— my WMMWM expires,
low NOTARIAL SEAL HERE
Deal must be ImPtotted sufficiently
fat NobM% name to he nadable) Notary Public.
NORTH CAROLIMA-WAn COUNTY L
The 1;.5M1a/RrMtMfkC.WS*— of
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Brian Wrenn, Acting Director
N.C. DEQ Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Christian Senger
1052 Royal Stock Ln
27513 Cary, NC
April 16`^, 2020
RECEIVED
JUL 13 2020
LAND QUALITY
MINING PROGRAM
Request for Public Hearing regarding the Mining Permit Application by Wake Stone Cop. For the property known
as Odd Fellows Tract
Dear Mr. Wrenn,
I hereby formally request an in -person public hearing regarding the Mining Permit Application by Wake Stone Cop.
for the property known as "Odd Fellows Tract".
As the property is adjacent to the Umstead State Park and a public trail, used by thousands of residents and their
guests every week, there will be significant impact to the public if this mining operations will be permitted. Hence
in my point of view it is mandatory that broad input of the public is heard before a decision is made.
As a public hearing is a health risk to all attendees, I kindly request to postpone the meeting until the Stay -at -Home
order for N.C. is fully lifted.
I furthermore request that the N.C. DEQ provides a list of all reported violations by Wake Stone related to their
current mining operations in North Carolina within the last 25 years, to be made public in a timely manner before
the hearing. Please consider this request an official request for public documents under N.C. GS Section § 132-6.
As I am a are frequent user of the State Park and the Old Reedy Creek Trail I am not interested in any mining
operation on public land that will increase the risk to the State Park's ecosystem as well as my health on the trails
by increased pollution. Furthermore, with a significant number of violations reported to you, that I know of, I don't
think it is in the interest of the publicto extend the operations of this quarry beyond the initially agreed sunset
clause.
In addition, I am hereby requesting information on how the high -wall security of the pit will be ensured after the
closure of mining operations. I see a re -vegetation plan, but the permit application is missing detailed information
how the long-term high -wall security against erosion is ensured without cost to the public.
Kind Regards,
Cc: Gov. Cooper

AVN
127 W. HARGET'P ST.
STE. 600
RALEIGH, NC 27601
Ms. Judy Wehner
LAW OFFICES OF
F. BRYAN BRICE, JR.
July 16, 2020
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Dear Ms. Wehner,
TEL: [phone]
FAX: [phone]
W LCEIVED M
LAND (QUALITY SECTION
NCDEQ should grant Wake Stone Corporation's (hereinafter referred to as "Wake Stone")
permit modification application. Granting the permit will be of benefit to all parties involved.
First, it will benefit the surrounding Wake County community because it will keep construction
costs lower so that building companies can keep up with the tremendous growth rate occurring in
Raleigh. Second, it will continue to benefit Umstead Park due to the free services Wake Stone
has offered and provided to the park for decades. Additionally, Wake Stone has contributed to
the preservation of Umstead Park, one of the most popular State Parks, and will continue that
commitment with the approved modification. Third, it causes no harm to surrounding residents
as Wake Stone operations have not and will not cause any hazards, nor interfere with any
resident's enjoyment of their property, and during their operations of their current quarry, they
have received NO permit or other violations. Further, should Wake Stone interfere with one's
property, it has promised to remediate any concerns resulting from its operations immediately.
Lastly, Wake Stone products will allow Raleigh's growth to continue and increase the State's tax
base. and North Carolina and Wake County will benefit from residents' increased access to
Wake Stone products.
Upon my review of the record, site visits and plan reviews, nothing about the modification
warrants a denial based on the NCDEQ's seven permitted denial reasons. Wake Stone adequately
alleviated any adverse effects on the park, forest, or recreational area after the final issue from
the NCDEQ (then, DERNR) was submitted in 1985. Since then, there have been no complaints
directed at Wake Stone's quarry operations near and around Umstead Park. In fact, Wake Stone
exemplifies how a company should undertake corporate responsibility. The company actively
participates in the Park Advisory Committee and has helped to ensure that Umstead Park is
properly maintained. Since its founding, Wake Stone has given considerable time and money to
local and state charitable organizations, donated land to further children's involvement in sports,
and has helped neighbors and others around their operations in numerous ways. They are a good
and strong corporate citizen.

A
July 16, 2020
Page 2 of 3
Wake Stone prides itself on providing excellent products and service to its customers while
constantly considering environmental harms that may occur from production. This concern is
evidenced by the fact that in its 39 years of business, Wake Stone has never been found to have
an adverse effect on potable groundwater supplies, wildlife, or fresh water. No violations. In the
existing quarry, Wake Stone goes above and beyond to conduct its own monitoring of water
quality for the surrounding area. Studies conducted by Geological Resources over the past 20
years show that there have been no adverse impacts on water or wildlife from Wake Stone
operations near Umstead Park. I believe that this will continue under their permit request.
In the same vein, Wake Stone has never had a violation from either federal or state authorities
concerning air quality, surface water quality, or groundwater quality, as the company has always
considered environmental concerns in its operations, having a deep commitment to protecting the
air and water quality on and around its quarry operations. Since 1981, it has taken proactive steps
to monitor the surrounding environment. It has never received a violation from any government
authority concerning air or water quality in almost 40 years of business.
The permit modification to the site plan does not pose any hazard to public health or safety.
Wake Stone has not impeded the public's safety or enjoyment of Umstead Park in its 39 years of
operations. It is my understanding that residents living within 1,500 feet of the quarry have not
complained of any hazards or decrease in enjoyment to of their property, which are important
points in many of our law office's cases. I believe that most of the park visitors don't even
realize there is a quarry next to Umstead Park. I know that I, nor my family, who are park
visitors and users, have not been aware of their business operations — as it should be. In fact, it
appears that park use has only dramatically increased through the years, which shows a proper
working relationship between the company, the park and their obligations to the public and their
permit. Again, this is due to Wake Stone's high level of care in its production methods and its
commitment to leaving little to no impact on the environment. What will be left to the park and
the public when the quarry is finished with production, is nothing short of magnificent. Their
plans and promises/obligations, as part of the conditions, for the quarry lake, trails and other
amenities is a very nice complement to the existing park — all at no cost to the taxpayer and what
will be an expanded local and state population to enjoy into the future.
Finally, the modification to the mining permit to include a new bridge allowing easier access to
the RDU property will cause no hazard to any dwelling, school, church, commercial or industrial
building, or public road or public property. Also, the Beals family, within 1500 feet of the quarry
demonstrate Wake Stone's lack of intrusion on surrounding structures, as the Beals family has
never complained about Wake Stone's operation near Umstead Park in over two decades. In
looking to other residents living near Wake Stone quarries, a Knightdale homeowner who also
lives 1,500 ft away from its quarry has never complained to Wake Stone about any hazards, and
there have been no complaints from or damage to any of the numerous businesses within 1,500
feet of the Old Fellows Tract quarry, which include SAS Institute, Umstead Hotel and Spa, and
the Western Office development. Moreover, there are no schools or churches that would be at
risk of any hazards. The neighboring church's positive comments for the permit at the public
hearing were some of the most compelling of the live testimony. There are also no public roads
or public property at risk, as construction of the bridge will save Old Reedy Creek Road from
Wake Stone's transportation of several tons of rock that the road is currently bearing.

In,

July 16, 2020
Page 3 of 3
It appears to me that NCDEQ has no basis to deny the permit modification application. Wake
Stone has made the environment a priority throughout their almost four decades of business and
by all accounts will continue to do so. Wake Stone has not had any environmental concerns
directed to it since 1985. Similarly, no residents nor businesses have voiced concern over hazards
resulting from its operations in the quarry. Wake Stone's permit modification application should
be granted.
This is a win -win for the agency, the company and the community. It takes compromise and
hard work, which the company has shown by going above and beyond the permit requirements to
be a good and strong corporate leader, and one who follows the rules. When permits are
approved, these are the ones we do not see enough of, and I do hope the Division will approve
this Wake Stone's permit.
Sincerely,
I c
F. Bry Brice, Jr.