Loading...
HomeMy WebLinkAbout2020_07_27_15_34_46Wake Stone Corporation Quarry Phone Numbers: 919/266-9266 - Knightdale 919/677-0050 - Triangle 919/775-7349 - Moncure 252/985-4411 - Nash County 843/756-3400 - N. Myrtle Beach July 7, 2020 www.wakestonecorp.com Locations: 6811 Knightdale Blvd., Knightdale, N.C. 222 Star Lane, Cary, N.C. 9725 Stone Quarry Rd., Moncure, N.C. 7379 North Halifax Rd., Battleboro, N.C. 3990 Hwy 9 Business East, Loris, S.C. Mrs. Judy Wehner Assistant State Mining Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Business Office Address: P.O. Box 190 6821 Knightdale Blvd. Knightdale, N.C. 27545 919/266-1100 Fax: 919/266-1149 RE: 2020 Mining Permit Application Applicant Statement Dear Mrs. Weimer, RECEIVED LAND QUALITY SECTION The Bratton family has owned and operated quarries for fifty years. Our company is led by the second generation and have 4 third generation members helping to manage our company. We are Wake County residents. We have 100 employees working in Wake County. We have a fifty-year record of civic leadership, supporting schools, hospitals, parks, and many other charitable groups who make Wake County a great place to live, work, and play not only for us and our employees but also all the citizens of the county. One current example of our leadership is the property our company donated for the new athletic park in Knightdale. It will provide much needed soccer fields for the North Carolina Football Club. There are many more examples of our civic leadership and generosity that can be found on our website. Quarries are needed in this country, this state, and this county. Crushed stone is a part of almost every construction project: homes, schools, stores, offices, swimming pools, parks, greenways, bike centers, and roads. Every year Wake County construction projects consume approximately ten million tons of crushed stone from the eight quarries located in the county. Our product is not very expensive, about $12 per ton on average. But it is heavy and is expensive to transport. So, having quarries within the communities they serve is good for everyone by saving money and keeping large trucks carrying 20-25 tons each on our roads for as short a time as possible. Our state regulates quarries as they do many other industries important to our state. They, along with state and local elected officials, know quarries are needed. So, the question is how to include quarries in a way that minimizes environmental impact, while benefiting the citizens and community. The State does not look for ways to stop quarries. They want quarries to operate in a way that meet the criteria established by the legislature to keep quarries from harming our communities. We do, too. P"61 In the current case, Wake Stone has applied for a Mining Permit modification to allow us to continue operating our current quarry and stone crushing plant by transporting the rock from the 105-acre Odd Fellows parcel owned by RDU Airport over Crabtree Creek via a bridge to be constructed by Wake Stone. The new bridge not only allows Wake Stone a connection between the Odd Fellows Property and the existing Triangle quarry, but it also eliminates the need for quarry truck traffic on Old Reedy Creek Rd. The RDU parcel is not large enough to have a fully functioning quarry pit, crushing plant, and sales yard. Thus, we have proposed transporting the stone across Crabtree Creek, crushing it with our current plant, and selling it to customers from our current sales yard on Harrison Avenue, immediately adjacent to the Reedy Creek entrance of Umstead State Park, where we have been operating our quarry since originally permitted by the state in 1981, 39 year ago. Since 1981 the Triangle quarry has provided over 50 million tons of crushed stone used within a 15-mile radius. That demand for crushed stone is not going away, it is increasing with the growth in our county and area. There cannot be quarries just anywhere — they have to be located where competent rock exists to meet local market demands. There is not likely to be another new quarry in Wake County due to the heavy residential population. When our quarry was permitted in 1981, people were concerned about whether it would have a detrimental impact on Umstead Park. Noise, dust, big trucks, Crabtree Creek water quality and quantity, were all issues raised. In the early 1980's the Park watched very carefully for any negative impact. Early on, the Park pointed out a few minor concerns that were promptly and effectively remediated. Since 1985, the State Park has not expressed any concerns. What we receive from the Park superintendents almost every year is appreciation for helping them with removal of storm debris and supplying materials for free when asked. We have actively participated on the Park Advisory Committee also known as the PAC. My brother, Ted Bratton, started serving on the PAC Board in 1994. He was nominated for appointment by Dr. Jean Spooner. Every year since 1994, Wake Stone has actively participated with an employee on the board of the PAC. We are not only a good neighbor to the Park; we are actively involved with Umstead Park and work to protect the Park through participation in the PAC. This is the type of corporate citizenship Wake Stone voluntarily provides. We care about the communities in which we operate and we actively seek roles in those communities to make them better. That is what we do. During the 39 years since we opened, the visitation of Umstead Park has more than tripled to well over one million visits per year and is one of the busiest parks in the State Parks System. We believe many users of the Park are not even aware that a quarry has been operating next door all the time they have been enjoying it. There is no credible evidence that our current quarry has had an adverse impact at all. As to the Seven Denial Criteria, I would like to address each one. 1. We are not aware of any requirement of General Statue Article 74-51 of the Mining Act of 1971 that would be violated. 2. As to an unduly adverse impact on potable ground water supplies, wildlife, or fresh water, estuarine, or marine fisheries, we stand on our record of having no adverse impact on the surrounding property from 39 years of operating the current quarry. In addition, ea"I1 scientific studies submitted with the Permit Modification request indicate several important facts: a. That there are five monitoring wells established to measure water levels as quarrying commences and continues. b. We have installed a permanent monitoring well immediately adjacent to the Dunn property. This well will allow us to determine if future pit dewatering is having any potential negative effect on the Dunn's private well. Should periodic monitoring of this well prove that negative effects are occurring, Wake Stone will take whatever steps are necessary to mitigate those adverse effects, up to or including providing a replacement well for the Dunn family. Additionally, c. We have over 20 years of studies conducted by Geological Resources Inc. showing no change in Crabtree Creek conditions for water quality, quantity, or wildlife impact. d. And finally, that until the announcement of the potential new quarry pit in 2017, there has not been a single complaint or concern about Crabtree Creek water quantity or quality or wildlife in 36 years. 3. The current quarry operation has been regulated and inspected by federal and state representatives consistently for 39 years. There have been no Notices of Violations of Standards by DEQ for air quality, surface water quality, or ground water quality. Let me repeat there are no NOV's... zero for the full history of the operation. 4. The operation will not constitute a direct and substantial physical hazard to public health and safety to a neighborhood dwelling house, school, church, hospital, commercial or industrial building, public road or other public property. At this quarry site there are only two residences within 1500 feet of the property: Mrs. Beals who has lived in her family home for dozens of years, and the Dunn family who built a home there 15 years ago. We are not surprised that they would be opposed to the quarry permit, but we are very sure we can operate on the Odd Fellows tract without a significant negative impact on them. We operate our Knightdale quarry within 1500 feet of hundreds of homes and businesses without any problems. All other structures in Cary are on the other side of Interstate 40 which is a great buffer for the current quarry and future quarry pit. Again, no complaints or damage in 39 years of operation across I40 from SAS Institute, the Umstead Hotel and Spa, the Weston Office development and hundreds of apartments. a. We have written testimony from a lady, Ms. Debnam, who lived for over 20 years adjacent to the Knightdale quarry only 400 feet from the active pit. She states that Wake Stone was an excellent neighbor and friend to her and her grandparents when they lived in the home. Her residence was buffered by a berm similar to the one we propose to construct to buffer the Dunn and Beals residences. Our blasting and equipment were well shielded from the residence and we had no adverse impact on her property, house or well. She provides written testimony of that fact. ea"1 !a*� 5. We do not believe thin we will have a significant adverse imps. _ . on the purposes of a publicly -owned park, forest, or recreation area. In 1981, our original permit was denied because of this denial factor — the fear of what it might do to Umstead Park. On appeal, and after negotiating several mitigating processes and procedures, the Permit was approved and issued by the State. In the 39 years that followed, Wake Stone has been a great neighbor to Umstead State Park. 1985 was the last time the Park registered a concern. Since then... nothing. Wake Stone is as concerned about protection of the Park as anyone. Our record speaks for itself and we intend on continuing our company's and family's commitment to protecting the Park. The Umstead Coalition is opposed to the quarry expansion. They are opposed to every development that borders Umstead Park. Their job is to advocate solely for the Park, and increasing its size and funding. But for Dr. Jean Spooner, Chairman of the Umstead Coalition to be making claims of our damaging the Park or the environment is disingenuous at best. In 1999, when we were attempting to open a quarry in another county, we asked Dr. Spooner for a recommendation. Here is what she said (attached): "In the 10 years that I have been a member of The Umstead Coalition, I have never heard a complaint about Wake Stone's operation next to Umstead. The Umstead Coalition is optomistic(sic) that discussions will continue regarding compatible development uses of the quary(sic) site (e.g., converstion (sic) to park or recreational facilities) in the long- term. Our experience with Wake Stone Corporation has been positive. They are accessible and willing to participate in activities to protect Umstead State Park. For example, the Wake Stone Corporation — Triangle quarry recognizes it is located in an environmentally sensitive area due to their proximity to Crabtree Creek (a major tributary of the Neuse River) and adjacent to a State Park. They have shown willingness and have followed through with protecting of the riparian area along Crabtree Creek, minimizing runoff into Crabtree Creek, and protecting a rhododendron shrub area along Crabtree Creek. Wake Stone Corporation contributes as a community citizen. They have donated material to help Umstead State Park." Her words speak for themselves, but we want to point out that the RDU-Wake Stone lease does call for extensive reclamation and the conversion of the 105-acre parcel after mining is finished to a recreational facility similar to Winston-Salem's Quarry Park. We believe that is what Dr. Spooner referenced in her 1999 letter, though it might be later than she would like. The other outspoken opponents to the quarry expansion are members of Triangle Off Road Cyclists, or TORC. They have been trespassing on RDU property for many years and believe they have a right to it. Although, obviously, they do not. In an effort to provide a compromise and sanctioned biking area for TORC, Wake Stone agreed to lease RDU's 151-acre "286 tract" for the benefit of the mountain biking community. The mining lease signed by RDU and Wake Stone requires us to do two things to meet the requests of cyclists. 1) Provide $360,000 per year for 10 years to pay for the rental of this parcel, and 2) At the end of the mining lease on the 105-acre parcel to provide recreational facilities for hikers, cyclists, and others. The estimated cost of those features in today's dollars is $3,000,000. /►, n 6. Criteria #6 calls for denying the permit because of previous experience with similar operations indicating a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution. We Stand on Our Record. 7. Denial Criteria 7 is not relevant as Wake Stone Corporation has never been found out of compliance with regard to the Article. Our job as the quarry operator and Permit seeker is to provide evidence the seven denial criteria will not be invoked, or can be mitigated by the provisions of our mining permit. With 39 years of operating successfully at the Triangle Quarry, no Notices of Violations, a fifty-year record of operating several quarries in this state without significant concerns from neighbors, the continued substantial need for crushed stone in this community, and all the protections built into this Permit request and other required local, state and federal permits, we are very confident that we meet or exceed every one of those seven requirements. We are submitting these comments in writing along with Dr. Jean Spooner's 1999 letter praising Wake Stone as well as the 1981 Mining Commission's investigation of adverse impacts to Umstead Park and the commission's ruling upon appeal in favor of Wake Stone Corporation's original Triangle quarry mining permit application. Wake Stone Corporation Dafe Samuel T. Bratton, CEO Jo*N N The Umstead Coalition P.O. Box 10654 Raleigh, NC 27605-0654 •1 B. W. Wells Association North Carolina Herpetological Society Capital Group Sierra Club North Carolina Wildlife Federation Conservation Council of North Carolina North Carolina Wild Flower Preservation Society Eno River Association Orange -Chatham Group Sierra Club Friends of State Parks Raleigh Ski and Outing Club, Inc. Headwaters Group Sierra Club Rockingham Naturalist's Club New Hope Audubon Society Society for the Preservation of Jockey's Ridge Neuse River Foundation, Inc. Wake Audubon Society August 6, 1999 MEMORANDUM To: Whom it may concern Re: Wake Stone Corporation -- Triangle Site From: Jean Spooner, Chair, The Umstead Coalition This memo is a statement regarding good cooperative relationship between the Triangle Site of Wake Stone. Corporation and The Umstead Coalition. This quarry site is adjacent to Crabtree Creek and Umstead State Park. In the 10 years that I have been a member of The Umstead Coalition, I have never heard a complaint about Wake Stone's operation next to Umstead. The Umstead Coalition is optomistic that discussions will continue regarding compatible development uses of the quary site (e.g., converstion to park or recreational facilities) in the long-term. The Umstead Coalition is an advocacy group composed of membership by 16 partner environmental organization and individuals. Our mission is to protect Umstead State Park. We have a large environmental education program. In addition we are concerned about potential external sources of degradation to the Park caused by traffic, noise, and water pollution. Our exerience with Wake Stone Corporation has been positive. They are accessible and willing to participate in activities to protect Umstead State Park. For example, Wake Stone Corporation — Triangle recognizes they are located in an environmentally sensitive area due to their proximity to Crabtree Creek (a major tributary to the Neuse River) and adjacent to a State Park. They have shown willingness and have followed through with protecting of the riparian area along Crabtree Creek, minimizing runoff into Crabtree Creek, and protecting a rhododendron shrub area along Crabtree Creek. Wake Stone Corportation contributes as a community citizen. They have donated material to help Umstead State Park. For example, they donated a base stone used to display an original grinding mill stone for the historic Company (Page) Mill. The mill stone is displayed in the Park near the original mill site along Crabtree Creek. They have a member on the Umstead State Park Advisory, Ted Bratton. Ted is appointed by the Secretary of the Department of Health and Natural Resources to serve as a represenative from the business community. v The Umstead Coalition v Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor 62 In the Matter of Denial of Permit Application of the ) Wake Stone Corporation ) BEFORE THE MINING COMMISSION Findings of Fact, Con- clusions, and Decision This cause was heard before the Mining Commission on November 6 and 7 and December 16 and 173 1980, pursuant to NCGS 74-61 and NCGS 150A-23 et seq., to consider the denial by the Division of Land Resources, Department of Natural Resources and Community Development (hereinafter the Department), of Wake Stone Corporation's application for a permit. Preliminary Statement Wake Stone Corporation (hereinafter the Petitioner) has options to purchase various parcels of *land, some of which adjoin Umstead State Park (hereinafter the park). It seeks a permit to quarry stone there. The Department denied Petitioner's request for a permit. The Petitioner then appealed this decision to the Mining Commission. Issue i The issue in this case is whether the proposed quarry would have a signifi- cant adverse effect on the purposes of the park. Statutes The Department is empowered to issue a permit to quarry stone "conditioned upon compliance with all requirements of.the approved reclamation plan for the operation and with such further reasonable and appropriate requirements and safeguards as may be deemed necessary by the Department to assure that the operation will comply fully with the requirements and objective of this Article." 14CGS 74-61. The Department may deny a permit if "the operation would - 2- have a significantly adverse. effect on the purposes of a publicly oamed park, forest, or recreation area. 14CGS 74-61(5). An applicant may appeal the De- partmept's action to the Mining Commission, which may "affirm, affirm with modi- fications, or overrule the decision of the Department and may direct the Depart- ment to take such action as may be required to effectuate its decision." NCGS 74-61. Background Information -The park consists of 51,217 acres in Wake County, along the eastern edge of the Piedmont Plateau, between Raleigh and Durham. The Master Plan developed for the park in 1974, State -Exhibit r20, sets forth its history: Until i9349 the land now occupied by Umstead Park was a farm community --houses, mills, and fields in various stages of use and abandonment. Poor agricultural techniques, such as one crop farming, primarily cotton, led to the loss of topsoil and subsequently, a submarginal existence. Second -growth timber was then removed from some upland areas, which expedited the erosion process. During the great depression, the United States Resettlgment Division began a program of purchasing sub -marginal farm land, and in 1935 a proposal to acquire and develop a recreational demonstration project was instigated generally within the area now known as Umstead Park. The development of this area was jointly supervised by the National Park Service and the Depart- ment of Conservation and Development and until 1943, all develop- ment and land acquisition was financed by Federal money. In addition to the development of four group camps, a lake, tem- porary roads and utility systems, the CCC Work Force was re- sponsible for important conservation measures such as tree planting and the construction of check dams, which aided the stabilization of the soil. World War II forced the abandonment of Federal activities and on April 6, 1943, the United States deeded to the State of North Carolina, for the sum of one dollar, 5,088 acres to serve "public park, recreation, and conservation purposes". This land was officially designated as Crabtree Creek State Park. In 1947 and 1949, public use facilities including picnic areas, . tent and trailer campgrounds, and utilities were financed by the General Assembly's first State Parks Division appropriation. v e'00� The master plan also describes the present and projected use of the sur- rounding land: Umstead Park lies in a highly urbanized area of the State and, as in the past, is currently under pressure from ad- jacent development. Suburban Raleigh is rapidly moving westward and recent development, in fact, abuts the eastern edge of the Park. With the development of Crabtree Valley Shopping Center and Interstate 40, land values have risen enormously so that a setting for residential and industrial growth -in very close proximity to the Park has developed. City and county land use zoning has set the stage for both of'these types of uses so that the only inhibiting factor at present is the lack of sanitary sewer and water lines. While it is only a matter of time before these utilities are provided, the.exact location of the utility easements has not yet been pinpointed as it relates to the Park. Specifically, the land adjacent to the northeast between the Park and Highway 70 and that land between I-40 and the park boundary is currently under considerable pressure for building . . . . In addition, the Raleigh thoroughfare plan indicates the construction of a new road linking I-40 and the Duraleigh Road as an extension of the Southern Belt - line which, without control measures, will most certainly create similar development pressure. Raleigh -Durham Airport lies adjacent to Umstead Parks western boundary and presently has two runways; one for commercial airlines runs parallel to the Park in a northeast/ southwest direction and the other, for small craft use, lies perpendicular to the Park in an east -west direction. The Airport Authority is currently in advanced stages of planning a new runway and enlarged facilities. The proposed runway would lie perpendicular to the Park south of the Airport's existing facilities and service commercial flights.* Thus, Highway 70, Interstate 40, and Raleigh -Durham Airport bound the park on three sides. Of these three neighboring land uses, the airport has the most pro- nounced effect on the day-to-day uses of the park. The map on page 9 of the master plan depicts two broad swaths, covering about one-half of the park, as "airport impact zones." The plan states: Noise emanating from the airport as well as the major roads, I-40, Highway 70, and proposed roads, is important not only to the location of overnight facilities in the Park but also those areas of daytime sue where a greater degree of tranqui- lity is required. Flight zones over the Park from the existing *The Mining Commission is aware of the more recent action of the Raleigh - Durham Airport authority regardinglborderLthe lgnment of the pro- of thepark posed_runway parallel to the western Q.M r Pr'P small craft runway and proposed runway impact the park not only due to noise but also visually so that, in these zones, the location of uses requires considerable scrutiny. Stil2ulations In the Prehearing Order, Wake Stone Exhibit #3, the parties stipulate as fol- lows: 1. The only contested matters are blasting, dust, traffic, noise, and visi- bility. 2. Blasting will occur eight to twelve times per month and at vibration and air blast levels within the Department's guidelines. 3. The Petitioner's dust control plan meets all Department standards, and the Petitioner has a permit to operate proposed air pollution abatement facilities for controlling dust. f 4. The Divsion of Highways has determined that a coincidence of projected peak traffic for the park and the quarry will not create unsafe conditions. Findings of Fact A. Chronology of Events 1. On March 21, 1980, Wake Stone Corporation, operator, of several stone quarries in North Carolina, applies for a permit to quarry stone on 195 acres situated north of Interstate 409 south of the airports at the southwest corner of the park. Wake Stone Exhibit #1. 2. By letter dated August 222 1980, Mr. Stephen G. Conrad, Director, Divi- sion of Land Resources, Department of Natural Resources and Community Develop - meet, denies the permit. State Exhibit #18. 3. By letter dated September 162 1980, the Petitioner requests a hearing before the Mining Commission to appeal the denial. State Exhibit #19. - 5- 4. On October 312 19809 Mr. Daniel C. Oakley, Assistant Attorney General, appearing on behalf of the Department, and Mr. James M. Kimzey, Esquire, ap- in on behalf of the Petitioner, hold a prehearing conference and file a pear g Prehearing Order. Wake Stone Exhibit #3. 5. On November 6 and 7 and December 16 and 17, 1980, the Mining Commission hears the appeal. B. Evidence 1. A summa--^Y of the important objective evidence on the matters of blasting, noise, and visibility is as follows: a. On blasting, the Department puts into evidence documents showing that the southern area of the park is an "airport impact zone." Department Exhibit #20, PP• 8-9. For the Petitioner, Phillip Berger testifies that the sound of an airplane taking off over the southwestern corner of the park would muffle the sound of a blast, Tr. pp. 140, 151, and that projected blasts would be well within the Department's guidelines, Tr. PP- 131-2. b. The testimony of the noise experts for each party is in substantial accord. Bruce G. Leonard testifies for the Petitioner that the ambient noise le vei in the pertinent section of the park is about 45 decibels on an A weighted scale (dB(A)), Tr. p. 227, and the projected noise level of equipment and trucks, measured at various points in the park, ranges from 46 to 55 dB(A), Tr. pp. 228- 39. He also testifies that the Federal Highway Administration standard for traf- fic noise in parks is 57 dB Ldn or Leq, Tr. p. 224, and that the Division of Parks and Recreation has proposed a guideline for noise levels in parks of 55 dB Ldn or Leq. For the Department James D. Simons testifies that the ambient noise level in the southwestern part of the park is about 45 dB(A), Tr. p. 414, and ego*) -6- the projected noise level of equipment. and trucks ranges from 51 to 55 OW, Tr. p. 496 (see also pp. 497-516). Documentary evidence introduced by the Department indicates that most of the southern half of the park is a flight zone for aircraft taking off and landing. Department Exhibit #20, pp. 8-9J . c. The testimony on visibility reveals little agreement among the experts. For the Petitioner, Earl Harbison testifies that, due to topography and vegetation, the crushing equipment at the proposed site would generally not be visible from the park. Tr, pp. 158-98. Richard Hazard testifies for the Department that, during the sum- mer, the equipment could be visible from a few areas in the park, and, during the winter, it would be visible "from a good area within the south i+�i'half" of the park. Tr. pp. 176-8. 2. The purposes of the park are to preserve natural resources and to make i them available to the public for recreation and wildlife interpretation. Tr. p. 912 (testimony of Stephen G. Conrad for the Department). Conclusions The Mining Commission makes the following conclusions: 1. Based on: a. the stipulation by the parties that vibration and air blast levels generated by proposed blasting are within the Department's guidelines, wake Exhibit #3, p. 2; D. do-umentary evidence that the southern area of the park is an "air- pc.t .impact zone" (i.e. a flight zone for incoming and outgoing airplanes), Department Exhibit n20, pp. 8-9; C. Phillip Berger's testimony that V eoft1 -7- i i. the sound of an airplane taking off over the southwestern cor- ner of the park would muffle the sound of a blast, Tr. pp. 1402 151; and ii. that projected blasts would be well within the Department's guidelines, Tr. pp. 131-2, the Commission concludes that blasting will not have a significant adverse ef- fect on the purposes of the park. 2. Based on: a. the stipulation by the parties that the Petitioner's dust control plan is designed to meet Department standards, Wake Stone Exhibit #3, p. 2; and on b. James D. SimonsIstestimony that the dust from blasting is not a concern of the Department in this case, Tr. p. 490, the Commission concludes that dust from the quarry and roads will not have a significant adverse effect on the purposes of the park. 3. Based on the stipulation by the parties that the Division of Highways has determined that, even with a coincidence of projected peak traffic for the park and the quarry, there would be no unsafe traffic conditions, the Commission determines that traffic generated by the quarry would not have a significant ad- verse effect on the purposes of the park. 4. Based on: a. testimony of Bruce G. Leonard, Phillip Berger, and James D. Simons about an existing noise level of about 45 dB(A), Tr. pp. 227 and 414, and pro- jected noise levels ranging from 46 to 55 dB(A); b. the absence of a noise level standard for equipment near parks such as this one; and c. the analogous, though not dispositive, Federal Highway Administration standard for traffic noise in parks of 57 dB Ldn or Leq, Tr. pp. 224-5; and =8- d. testimony by Bruce G. Leonard that the Division of Parks and Recrea- tion has proposed a guideline of 55 dB Ldn or Leq, Tr. p. 224, the Commission concludes that the noise from the quarry machinery and traffic will not have a significant adverse effect on the purposes of the park. 5. The Commission concludes from the conflicting testimony of Earl Harbison and Richard Hazard that, while the crusher may be visible from certain places in the park, such visibility will not have a significant adverse effect on the purposes of the park. Decision The Commission feels strongly that the Department has acted in a conscientious and responsible manner, and had a reasonable basis to believe that the denial of the permit was correct. The Department had to reach a conclusion on a major issue -- noise --without standards or guidelines applicable to parks. To make matters more complex, the area around the park reflects a checkerboard of land use plans by various state and local government units. Thus, although the Commission reverses the Department's action in this case, it wishes to commend the Department for its diligence and dedication. In order to protect the park from any possible adverse effects of the quarry- ing operation, the permit should be issued, subject to the Commission's final approval, with the terms and conditions outlined below. 1. The Division and Wake Stone shall develop a plan to be incorporated in the permit to require utilization of state-of-the-art techniques to minimize noise, dust, and other possible adverse effects on the park. 2, The Division and Wake Stone shall develop a plan for the optimum location of processing and stockpiling facilities and roads to minimize possible effects on the park. c E -9- 3. The Division and Wake Stone shall develop an adequate buffer zone plan for the area between the quarry and the park. 4. The Division shall require Wake Stone to construct a berm or berms between the quarry and the park. 5. Pursuant to Wake Stone's proposal that, as part of its reclamation plan, it donate the quarry to the State for park use on termination of the operation, the Commission requests that counsel for Wake Stone meet with Mr. Daniel C. Oakley, Assistant Attorney General, and Ms. Becky R. French, Director, Office of Administrative Hearings, to reach an agreement, to be submitted to the Commission, on the best method to transfer the land. This decision is not final. In no more than 45 days, unless the Commission ants an extension, the Division and Wake Stone shall, at a public hearing; present to the Commission the plans outlined above. At the hearing the Commis- sion will not hear new evidence. At least 5 days before this hearing the parties shall de osit.the plans with B. R. French for distribution to the Commission. Following the hearing the Commission shall render a final decision, from which the parties may appeal pursuant to NCGS 150A-1 et seq. Date of original decision: January 279 1981. As amended and corrected, this the of31981 , 1981. orsvinaI 's gPeW t� Dr. Henry B. Smith, Chairman North Carolina Mining Commission 0 N BEFORE THE MINING COMMISSION In the Matter of Denial of) Amendment to the Permit Application of the ) Final Decision Wake Stone Corporation ) The 250' buffer area shown on the northern boundary and the 100' buffer area on the eastern boundary of Wake Stone's pro- perty is considered by the Commission the permanent buffer zone. Tu; c +ho qrd day of April 1981. FZ - t I9011 BEFORE THE !MINING COMMISSION In the Matter of Denial of Permit Application of Wake Stone Corporation FINAL DECISION In accordance with this Commission's initial Findings of Fact, Conclusions, and Decision of January 27, 1981, as amended and corrected, and with the March 12, 1981 Agreement of Wake Stone Corporation and the Division of Land Resources, Department of Natural Resources and Community Development, concerning the Conditions enumerated below as 1, 2, 4, and 5; and upon consideration of the supplementary arguments of the parties concerning Condition 3, infra, the Mining Commission hereby orders that the Division of Land Resources grant to Wake Stone Corporation the permit applied for with the following conditions: Condition No. 1 - Minimize noise, dust, and other possible adverse effects. r Noise 1. Noise barriers between crushers and screening towers to minimize noise levels at the park shall be provided from the outset of the operation. Noise barriers may be enclosures, walls, bins, structures, stockpiles, 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. 2.. The plant shall be located at a lower elevation as indicated on the required site plan. 3. The plant shall be designed so that the primary.crusher.can be relocated in the pit at the earliest possible date. 4. The chutes used in processing shall be rubberized. - 2 - 5. 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. 6. only such blasting techniques as minimize noise shall be employed. 7. Pit haul trucks shall be equipped to exhaust through the beds of the trucks to muffle engine noise. B. Conveyors rather than trucks shall be used for stockpiling material. 9. The quarry shall be operated only on Monday through Friday and shall not be operated on State -recognized holidays. Dust 1. The access road to the quarry, from the scale house to SR 17901sha11 be paved. Wake Stone Corporation agrees to cooperate with the Department of Transportation in paving SR 1790 from the entrance to the quarry to the intersection with.SR 1654. 2. The provisions of the air quality permit No. 4386 shall be followed. 3. A water wagon with sprays shall be used for wetting roads to prevent dust. 4. Sprays shall be used throughout the plant at transfer points to control dust. S. Drill hole dust shall be controlled by wetting or other means. 6. Dust control shall be maintained by the use of water. sprays. 7. A water spray shall be provided for.highway haul trucks. S. Washed stone shall be stockpiled within the part of the designated plant area which is closest to the park. 3 - Condition No. 2 - optimize processing and stockpiling facilities to minimize possible effects on the park. 1. The processing and stockpiling facilities shall be relocated as indicated on the Wake Stone revised site plan submitted February 18, 1981. The purpose of this relocation shall be to screen the park from the sight and sound of the operation, reduce erosion, and shield the operation from -public view along Interstate 40. 2. The relocation shall place the processing and stockpiling facilities at a lower elevation to reduce visibility and noise. 3. The stockpiles shall be located close to the quarry entrance roads. 4. The plant and stockpile area shall be close to the intersection of SR 1790 and SR 1654. 5. The initial site disturbance from both quarry excavation and plant site development shall be confined to one drainage system, which is now already protected by ponds which will serve as sediment basins. The purpose of this relocation is to aid erosion and sediment control. 6. The new 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 below the surrounding land at the initial phases of quarrying. Condition No. 3 - Buffer Zone Plan 1. The extent of the completely undisturbed buffer zone to be maintained between the park boundary during the 10 year permit shall be as indicated on the revised plan and rmodified by Exceptions 2, 3, and 4 listed on Page 2 of Make Stone Corporation.'s memorandum of March 10, 1981, except all of the area north of the ten-year buffer line shall be left as a natural buffer L zone and not be developed or altered for commercial purposes. Condition No. 4 - Construction of Berms 1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation plant and the viestern boundary of the park as shown on Wake Stone Corporation's revised site plan. 2. Berm dimensions shall be no less than indicated on Wake Stone Corporation's revised site plan and may be higher and longer than shown, except the berm shall not encroach on the permanent buffer zone. 3. The side slopes of the berm shall be graded to a stable grade of 2 horizontal to 1 veztical 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 boundary and shall be at least 50 feet from the boundary. 4. Other berms may be required as mining progresses to reduce the noise and visual impact upon the quarry. Condition No. 5 - Donation of_Quarry to the State Pursuant to Wake Stone Corporation's offer to donate the quarry site to the State as part of its reclamation plan, the terms and conditions of the offer and acceptance shall be set forth in the reclamation plan as follows. The term, "quarry sate", shall include the entire pit 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 (see the reclamation plan for the requirements applying to the slope), and a reasonable area to connect the pit and surrounding strip to Umstead Park, constituting a total area of at least 75 acres. � n "I -5- The method by which the quarry site will be donated to the State is as follows: Upon acquisition of the land by Wake Stone (by the exercise-df its. options to purchase), Wake Stone will grant to the State an option which, if exercised by the State, will require that Wake Stone 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. The terms and conditions of the option shall be as follows: 1. 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 Umstead Park and Interstate Highway 40, it shall be the duty of Wake Stone 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 convey the quarry site to the State. If the State elects to have Wake Stone convey the quarry site to the State, it shall notify Wake Stone 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 shall have no further obligation to convey the quarry site to the State.. 2. If all quarryable stone is not removed, the right of the State to acquire the quarry site shall accrue at the end of So 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 Eime in the same manner and with the same time limitations as set forth in paragraph 1 above. 3. Until the option has expired Wake Stone will not encumber by mortgage or deed of trust any of the area designated "BUFFER AREA" on Wake Stone's site plan ' dated February 17, 1981, revised March 10, 1981, except for purchase money security interests. - 6 - 4. During the option period, Wake Stone 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, such as the payment of money or the providing of any goods 6r 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. 5. The right of the State to exercise, its option shall be subject to; (a) Wake Stone not being prohibited by the U.S. Government, State of North Carolina, Wake County, any municipality having jurisdiction, or by any court from removing from Wake Stone's property all quarryable stone which is outside of the BUFFER AREA referred to in paragraph 3 above. The requirement by the State that .Wake Stone comply with laws and rules and regulations generally appli- c able 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's property for a minimum period of five years. 6. The conveyance of the quarry site shall be by deed containing the usual covenants of warranty and conveying the quarry site free and clear of all encum- brances except those existing at the time of Wake Stone'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. y. The option may include such other terms as are mutually acceptable to the State and Wake Stone. s 7 The Mining Commission concludes from the evidence submitted in this case that the operation of the quarry, under the conditions set forth in this decision, will not have a significant adverse effect on the purposes of the park. For the unanimous Mining Commission, this the_____ of198! , 1981. Henry B. Smith, Chairman ' �iu,3lIftf i(w:ea Z' T.W. Tysinger i ,.rs,�••..rf. Ctf(r•rr •i:Y W.W. Woodhouse Commissioners Barkalow and Long took no part in the disposition of the case. F, BEFORE THE MINING COMMISSION In the Matter of Denial of) Amendment to the permit Application of the ) Final Decision Wake Stone Corporation ) The 250' buffer area shown on the northern boundary and the 100' buffer area on the eastern boundary of Wake Stone's pro- perty is considered by the Commission the permanent buffer zone. Tu4 a +l,d q"A day of April 1981. 0 I BEFORE: THE MINING COMMISSION In the Matter of Denial of Permit Application of Wake,Stone Corporation FINAL DECISION In accordance with this Commission's initial Findings of Fact, Conclusions, and Decision of January 27, 1981, as amended and corrc•:cted, and with the March 12, 1981 Agreement of Wake Stone Corporation and the Division of Land Resources, Department of Natural Resources and Community Development, concerning the Conditions enumerated below as 1, 2, 4, and 5; and upon consideration of the supplementary arguments of the parties concerning Condition 3, infra, the Mining Commission hereby orders that the Division of Land Resources grant to Wake Stone Corporation the permit applied for with the following conditions: Condition No. 1 - Minimize noise, dust, and other possible adverse effects. Noise I.. Noise barriers between crushers and screening towers to minimize noise levels at the park shall be provided from the outset of the operation. Noise barriers may be enclosures, walls, bins, structures, stockpiles, or natural terrain._ In the ovent 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 agrees] upon by both parties. 2. The plant shall be located at a lower elevation as indicated on the required � 1 site plan. 3. The plant shall be designed so that the primary crusher can be relocated in the pit at the earliest Possible date. 4. The chutes used in processing shall be rubberized. u eo*'N - 2 - 5. Compressors with noise abatement enclosures fcurrr.-ntly call(.--cl 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. 6. Only such blasting techniques as minimize noise shall be employed. 7. Pit haul trucks shall be equipped to exhaust through the beds of the trucks to muffle engine noise. 8. Conveyors rather than trucks shall be used for stockpiling material. 9. The quarry shall be operated only on Monday through Friday and shall not be operated on State -recognized holidays. Dust 1. The access road to the quarry,from the scale house to SR 1790.shall be paved. Wake Stone Corporation agrees to cooperate with the Department of Transportation in paving SR_1790 from the entrance to the quarry to the intersection with SR 1654. 2. The provisions of the air quality permit No. 4386 shall be followed. 3. A water wagon with sprays shall be used for wetting roads to prevent dust. 4. Sprays shall be used throughout the plant at transfer points to control dust. 5. Drill hole dust shall be controlled by wetting or other means. 6. .Dust control shall be maintained by the use of water sprays. 7. A water spray shall be provided for highway haul trucks. 8. washed stone shall be stockpiled within the part of the designated plant area which is closest to the park. l�9 3 - Condition No. 2 - Optimize processing and stockpiling _facilities to minimize possible effects on the ark. 1. The processing and stockpiling facilities shall be relocated as indicated on the Wake Stone revised site plan submitted February 18, 1981. The purpose of this relocation shall be to screen the park from the sight and sound of the operation, reduce erosion, and shield the operation from public view along Interstate 40. 2. The relocation shall place the processing and stockpiling facilities at a lower elevation to reduce visibility and noise. 3. The stockpiles shall be located close to the quarry entrance roads. 4. The plant and stockpile area shall be close to the intersection of SR.1790 and SR 1654. 5. The initial site disturbance from both quarry excavation and plant site development shall be confined to one drainage system, which is now already protected by ponds which will serve as sediment basins. The purpose of this relocation is to aid erosion and sediment control. 6. The new 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 below the surrounding land at the initial phases of quarrying. Condition No. 3 - Buffer Zone Plan 1. The extent of the completely undisturbed buffer zone to be maintained between the park boundary during the 10 year permit shall be as indicated on the revised plan and modified by Exceptions 2, 3, and L} listed on Page of Fake Stone Corporation's r-emorandim of Barth 10, 1981, except all of the area north of the ten-year buffer line shall be left as a natural Suffer - 4 - zone and not be developed or altered for commercial purposes. Condition No. 4 - Construction of Berms 1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation plant and the western boundary of the park as shown on Wake Stone Corporation's revised site plan. 2. Berm dimensions shall be no less than indicated on Wake Stone Corporation's revised site plan and may be higher and longer than shown, 4. other berms may be required as mining progresses to reduce the noise and visual impact upon the quarry. Condition No. 5 - Donation of Quarry to the State Pursuant to Wake Stone Corporation's offer to donate the quarry site to the State as part of its reclanation plan, the terms and conditions of the offer and acceptance shall be set forth in the reclamation plan as follows. The term, "quarry site", shall include the entire pit 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 (see the reclamation plan for the requirements applying to the slope), and a reasonable area to connect the pit and surrounding strip to Umstead Park, constituting a total area of at least 75 acres.