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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 of 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 accxuire
the quarry site shall accrue at, the end of 50 _years from the date_guarryinc_
commences or 10 vears after quarrying operations have ceased without having been
resumed; whiche,er ' and ,nQtices s e exchanged at that time
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, Make 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 or services. The option to the State shall be
subordinate to each such encumbrance in the same manner and to the same extent
as if such option had been recorded after the recordation of each such encumbrance.
S. 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 quaXryable 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-
cable 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 tiine of conveyance (which shall be prorated), and such drainage and
utility easements as shall have been installed in connection with the development
ot the property.
7. The option may include such other terms as are mutually acceptable to
the State and Wake Stone.
- 7 -
r' The Mining Conunission conc:l Liles 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 co;w Fission, this the Apz� of 1981 1981.
Ori�in� � a�gned bra
Henry B. Smith, Chairman
Origin al ji��1ej dry
T.W. Tysinger W.W. Woodhouse
Commissioners Barkalow and Long took no part in the disposition of the case.
ovra
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P E R M I T
for the operation of a mining activity
In accordance with the provisions of G. S. 74-46 through 68,
"The Mining Act of 1971", Mining Permitting Regulation 15
N.C.A.C. 5B,.and other applicable laws, rules and regulations
Permission is hereby granted to:
WAKE STONE CORPORATION permittee
for the operation of a CRUSHED STONE QUARRY
entitled,. CARY QUARRY , permit no. 92-10
and located in WAKE County, which shall provide
that the usefulness, productivity and scenic values of all lands
and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
a
e0w4k, eooth1
In accordance with the application for this mining permit, which
is hereby approved by the Department of Natural Resources and
Community Development, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to
and incorporated as part of this permit, provisions must be made
for the protection of the surrounding environment and for 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 securities on file with the Department,
and may survive the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following
exception: If another operator succeeds to the interest of the per-
mittee in the permitted mining operation, by virtue of a sale, lease,
assignment or otherwise, the Department may release the permittee from
the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the
permit. to the successor operator, provided that both operators have
complied with the requirements of the brining 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 Dining Act; the Department may
give the operator written notice of its intent to modify, revoke or
suspend the permit, or its intent to modify the Reclamation Plan as
incorporated in the permit. The operator shall have right to a hearing
at a designated time and place on any proposed modification, revocation
or suspension by the Department. Alternatively and in addition to the
above, the Department may institute other enforcement procedures
authorized by law.
Definitions
Wherever used or referred to in 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.
Site Plan
The site plan referred to in this permit shall indicate the topographic
site plan of the Wake Stone Corporation`..revised.:March l0with
the following exception:
The berm and associated disturbances located along. -the northern,
boundary shall not be constructed unless approved by the.Department.
3 of 13
Park
Whenever used or referred to in this permit, the term "park" shall
mean the William B. Umstead State Park.
Conditions
The permitted mining operation shall not violate standards of air
quality, -surface water quality, or ground water quality promulgated
by the Environmental Management Commission.
This permit shall be effective from the date of its issuance until
May 13, 1991 and shall be subject to the provisions of the Mining
Act, N.C.G.S. 74-46, et. seq., and to the following conditions and
limitations:
l . Wastewater Control h 00S�-e.
Any wastewater processing shall be in accordance with permit
requirements and regulations promulgated by the Division of
Environmental Management.
2
Any mining process producing air contaminant emissions shall
be subject to the permitting requirements and regulations pro-
mulgated by the Division of: Environmental Management. The
operator will take whatever reasonable precautions necessary
to prevent or minimize the fugitive dust from going offsite.
Such measures include.but are not limited to:
:The -_access..road,- to'-the:.:quarxy from, the- .scale =.house toWOZ6
. SR=.1790, shall -be . pa;vedi. Wake Stone Corporation shall
cooperate with th_ e- -Department of Transportation in; paving
SR 1790 from the entrance to the quarry to the intersection
with SR 1654.
&B. The .provisions of the air equality permit rr4386' shall be
followed.sb)-�
.eA .water wagon with- sprays shall be used for wetting roads
to prevent dust.
B: Sprays shall be used throughout the plant at transfer points
to .control dusty. j�e.s. 'iaX0
DtIll hole dust- shall be control -led by wetting or other .means .
P' Dust control at the crushers and. -screens shal_1-';be` maintained
`by the-_. use of .water- -,sprays: e -s� w J s �
A 'water� spray shall, be : provided . for. highway : haul trucks
Washed stone shall be':stockpiled within the part of the
designated plant ar.ea.which-is closest to the park.
I�
(7) Buffer Zones
The dotted line labelled as buffer along the northern boundary and
along the eastern boundary is the permanent buffer as designated
by the Mining Commission. (Site plan dated March 10, 1981)
An undisturbed buffer of existing natural vegetation shall be
maintained between the mining disturbance and Park property -as
indicated by the "10 year buff er" shown on the site plan dated
March 10, 1981.
An undisturbed buffer zone of existing natural vegetation shall
also be maintained between the top edge of the bank of Crabtree
Creek and any mining disturbance within the 10 year permit area.
The buffer zone shall be of sufficient width to prevent offsite
sedimentation and to preserve the integrity of the natural water-
course. In any event, the buff er will meet U.S. Corps of Engineers
requirements for Crabtree Creek Watershed.
The only exceptions to these undisturbed buffers of natural veg-
etation are:
A. The construct ion of berms::.'as_: approved-. by,. the Department for
visual and ^`n' l scree ing:'-
B. The installation of"drainage and sedimentation controls to
protect the Crabtree Creek. _
C. Such crossings as may be necessary in future years to
accommodate the installation of utilities.
4 Erosion and Sediment Control
Adequate mechanical barriers including but not limited to
diversions, earthen dikes, brush barriers, silt check dams,
silt retarding structures, rip rap pits, or ditches shall
be provided in the initial stages of any land disturbance
to prevent sediment from discharging onto adjacent surface
areas or into any lake or natural watercourse in proximity
to the affected land.
The existing lakes shall be used to trap sediment from
initial mining disturbances. The spillways of the exist-
ing lakes shall be further stabilized as necessary to
prevent erosion of the spillway from runoff from the affected
lands. The embankments of the existing lakes shall be
improved if necessary to insure the stability of the embankments
a OI Ij
6)
C . _The angles four: -_ graded , slopes and f ills shall-- b'e- no. greater
than...the..,, #, 1--" ' =which ,' can' be ,retained- by vegetative -cover
or-- other, -;:adequate. erosion -control 'measures; -°.•structure-; or
,device. In any event, exposed slopes or any excavated
channels, the erosion of which may cause offsite damage
due to siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
D. Drainage shall be provided either through or around any
berms that would otherwise obstruct n°atural drainage.
Noise Abatement
All reasonable precautions shall be taken to minimize the
impact of operational noise upon Umstead Park. Such measures
shall include but not be limited to:
Noise: barn-iers:.between tbe=park=bonciary,.:and the crushers
� and screenr _ ........� y.�`fr t^,.e,' � .«b'•' f '-:
ing towers:��t' minimize pp.; levels -at the park
`shall be provided from .the.. outset of r the�Loperation'. Noise
barriers may be 6ni closures, walls, bins, structures, stock-
piles, or natural terrain. In the event there is disagreement
over the required noise control measures, the final design
and emplacement of noise barriers shall be determined by
qualified noise and engineering consultants mutually agreed
upon by both parties.
:T.he. plant shall�,:be ;located�_at=thelowes t,easible elevat.ibn.
-2: The .plant�-shall• be,;designed so::that the primary, crusher can
... w.......
be"''relocated*`'in the pit at --the earliest::: 'possible dace
-�� The.chutes:;:used�_-"in'-processing shall --be= rubberized-.
FK Compressors -with noise abatement enclosures (currently called
whisperized ' compressors )*° ,shall be - used _with track drills to'
open the ...quarrye. Once the quarry is opened, either hydraulic
or down -in -the -hole drills.shall be used to further reduce
noise.
Pit haul trucks shall be equipped to exhaust.' through the
beds of the trucks to muffle engine noise.
G! Conveyors. -.rather than trucks . shall ..be .,used : for. stockpiling
material
The quarryy-:and �stoJne, process -operations , -shall be ;operated
oncaroug�'��Fr`day=a'�i'd 'shahY° noiy�be -operated.on
��
;the fo� , l�.owI -recognized ;:holidays.A New Year's Day, Easter
Monday, Fourth of July, Labor Day, Thanksgiving Day, and
Christmas Day. A reasonable amount of hauling of processed
v v i i v
stone from the stockpile areas is permitted until l:00 P.M.
on Saturdays, but hauling shall not be done at any other
time on weekends or on holidays without.prior.:ipproval
by the Department.
6 Processing Plant'Location'
A. The processing and stockpiling facilities shall be located
as indicated on the Wake Stone Corporation site plan dated
March 10, 1981:'
B . The plant shall.:: be" located to place the processing and
stockpiling faciliti-es.. at the -lowest., possible_: elevation
to reduce .visibility.: -and .noise -impact._on the. -park.
C . The location of the...pit -shall ..be such . -that, :.once .the over-
burden - is removed ;"the-quarry-excavating,equipment-i'e.
compressor and drill, shovels, and trucks -can be placed at
an elevation lower than the surrounding natural ground in
the initial phases of quarrying.
© ;•Prevention" of `"Stag an nt Pools
The affected land shall be graded so as to prevent collection
of pools of water -that are, or are likely to become, noxious
or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to
prevent such conditions.
The __following .blasting conditions shall:-,` 6 ;observed:..by the
operator to prevent hazard '.to persons and adjacent property
fromthrown rock or vibrations':
A. In all blasting operations, except as hereinafter otherwise
provided, the maximum peak particle velocity of any component
of ground motion shall not exceed 1 inch per second at the
immediate location of any building regularly occupied by
human beings such as dwelling house, church, school, public
building, or commercial or institutional building.. A smaller
peak particle velocity may be required to protect neighboring
structures or equipment vulnerable to vibrations less than 1
inch/second peak particle velocity.
B. Airblast overpressure shall not exceed 128 decibels linear
(dBL)-"warning," 132 dBL "caution," and 135 dBL "maximum" as
measured at the immediate location of any dwelling house,
church, school, public building, or commercial or institutiona:
building.
• V1 10
C. The operator shall take all reasonable precautions to
insure that flyrock is not thrown beyond areas where the
access is temporarily or permanently guarded by the operator.
Should flyrock occur beyond the guarded area, it shall be
reported to the Department immediately. The Department will
conduct a thorough investigation to determine the cause.
Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation
of the permit.
D. Operator shall maintain records on each individual blast
describing: the total number of holes:; pattern of holes;
depth of holes; total pounds of explosives; maximum pounds
per delay interval; amount of stemming and burden for each
hole; and blast location. Records shall be maintained at
the permittee's mine office and copies shall be provided to
the Department upon request.
9 Visual Screening
o timize natural screening -of
The operation sh`a1.1 be situated, to r : -- _
the operation,from..publ:icy:,v :ewfrom..Interstate:-:40 ..and the Park
'property The visual screening plan shall include maintaining
undisturbed buffer areas of natural vegetation as shown on the
site plan dated March 10, 1981. Additionally, a vegetated earthen
berm shall be constructed east of the processing.plant and stock-
pile area as shown on the revised site plan. Visual screening
such as vegetated earthen berms and/or evergreen trees shall be
placed as necessary to supplement natural screening.
Construction of Berms
A .ve etated earthen;�,berm..shai ll, be constructed between.�,the-
g . ... _ .._ :. .._.r� Y_
fake ..Stone :.Corporation plant -and
the western boundaxy-of;-the
Park as shown on Wake Stone ,Corporation's: -site plain..dated
March 10, 1981:.
B. Berm dimensions shall be no less than indicated on Wake Stone
Corporation's site plan dated March 10, 1981 and may be higher
and longer than shown.
C. The side slopes
or 2 horizontal
on the sides an
toe of the berm
and shall be at
of the berm may
to provide the
boundary and th
angle of repose
he -berm shall be graded to a stable grade
vertical grade or flatter and revegetated
with grasses and evergreen trees. The
not encroach on
50 feet from the
vary from the approved
50 feet of undisturbed
the park property boundar,
boundary. The alignment
site, plan as is necessar-1
land between the park
e toe of the berm and assuring an acceptable
for the slope of the berm. -
of t
to 1
d top
shall
least
D. Other berms may be required as mining. progresses: to reduce the
noise and visual impact upon the park.
s
O V1 1J
W
10. highwall Barrier
A physical barrier consisting of a fence or boulder barriers,
etc. shall be maintained around the perimeter of any quarry
highwall.
11. _Annual Report
An An
nual Reclamation Report shall be submitted on a form supplied
by the Department on February 1 of each year until reclamation is
completed and approved.
12. Surety Bond -
The security which was posted pursuant to N.C.G.S•o4 54 in
the
.the form of $25,000.00 Blanket Bond is sufficient t
crushed stone operation as indicated on the approved application.
This security must remain in force for this permit t bvalid.
The total affected land shall not exceed the bondedacreage.
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which
is a condition on the continuing validity of that Mining Permit. Additionally,
the Reclamation Plan is a separable obligation of the permittee, which continues
beyond the term of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G. S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other uncon-
solidated materials shall be at such an angle as to minimize the possibility
of slides and be consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided
in all excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in
accordance with accepted conservation practices and which is suitable for
the proposed subsequent use of the land.
4. No small pools of water shall be allowed to collect or remain on the mined
area that are, or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic
and reforestation practices as established by the N.C. Agricultural
Experiment Station and the N.C. Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation
Plan herein incorporated. These activities shall be conducted according
to the time schedule included in the plan, which shall to the extent
feasible provide reclamation simultaneous with mining operations and in
any event, initiation of reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS
1. Provided further, and subject to the Reclamation Schedule,
the reclamation shall be to restore the affected lands to
a condition suitable for wildlife and recreation.
2. Specifications for reclamation shall be as follows:
A. The process plant area shall be graded and smoothed.
B. Any sideslopes in unconsolidated material shall be graded
to a 2 horizontal to l vertical grade or flatter.
C. Suitable benches shall be left in the rock excavation to
provide support where rock weakness could lead to collapse
of high walls.
D. Overburden shall be used for site grading or berm construction
at approved locations.
E. Settling ponds shall be drained and stabilized to prevent
erosion.
F. Oil, grease, scrap metal, wood and other debris shall be
removed from the surface and delivered to scrap dealers
or landf illed in an approved manner.
G. Any diverted or re-established drainage channels shall be
restored to a stable condition.
H. The affected land shall be graded to prevent the collection
of noxious or foul water.
3. Revegetation Plan
All reclaimed areas in unconsolidated material shall be re --
vegetated utilizing the following provisions:
Site Preparation: The ground will be graded and/or shaped
where necessary keeping in mind the ultimate use of the site,
but in no case will any slope greater than 26 degrees in un-
consolidated material be left. Loose rock, woody material,
and other obstruction that will interfere with the establishment
of vegetation planned for the site will be removed and/or buried.
Surface runoff that might concentrate to cause undesirable erosion
will be controlled by terraces or diversions diverting water to
protect outlets.
Lime and Fertilizer: Liming and/or fertilizer will be conducted
in accordance with soil test results and as required or vegetation
planned for the site.
Seedbed Preparation: Lime and fertilizer will be mixed with the
soil to a depth of 3 to 4 inches where conventional ev_uipment
can be used. On slopes steeper than about 2:1, soils will be
grooved or scarified along the contour to provide for retention
of seeds and nutrients on the slope until germination and growth
is started. On steep slopes not accessible to machinery, seed and
nutrients will be applied by hand.
EN
5.
/OWN
Vegetation: Sericea Lespedeza and/or Weeping lovegrass will
be established on the site to provide ground cover and erosion
control. When using Sericea Lespedeza, scarified seed will be
applied when reclamation is conducted during spring months and
unscarif ied seed will be used during, the fall.
Application will be in a uniform manner either by machine or
hand at the rate of 50 pounds of lovegrass, Lespedeza, or com-
bination per acre. Seed will be covered to a depth of 1/8 to
1/4 inch and the soil then firmed with a cultipacker or similar
equipment. Mulch consisting of dry, unchopped small grain.straw
or similar type material will be spread evenly over the surface
at the rate of 1 to 2 tons per acre or until about 75 percent of
the soil is hidden. Loblolly pine seedlings will be planted at
selected sites to provide a view screen to provide revegetation.
Spacing will be about 4' X 4' for revegetation purposes.
Maintenance: Plant replacement and other maintenance that may
be required to establish vegetative cover appropriate to the
reclamation plan for this site will be carried out until veg-
etation is properly established.
Reclamation Schedule
Some reclamation activities, particularly those relating to
control of erosion, will be conducted simultaneously with
mining activities. Diversion channels or terraces that may be
required to control surface runoff on the property will be
established and revegetated as soon as they are constructed.
Portions of berms will be revegetated as completed. Final
reclamation activities will be initiated at the earliest practical
time after completion or termination of mining on any segment of
the permit area, and in all instances reclamation activities will
be completed*within two years after completion or termination of
mining.
Donation to State
This provision is pursuant to Wake Stone Corporation's offer
to donate the quarry site to the State as part of its reclamation
plan.
The term, "quarry site," shall include the entire pit as 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 surround-
ing strip to the Park, constituting a total area of at least 75
acres.
During the option period, Wake Stone Corporation shall have
the right to encumber all of its remaining property from time
to time by mortgage, deed of trust or other security agreement
then in common use for the purpose of securing one or more
bona fide obligations of Wake Stone Corporation, such as the
payment of money or the providing of any goods or services.
The option to the State shall be subordinate to each such
encumbrance in the same manner and to the same extent as if.
such option had been recorded after the recordation of each
such encumbrance.
The right of the State to exercise its option shall be subject
to.
A. Wake Stone Corporation not being prohibited by the U.S.
Government, Stqte of North Carolina, Wake County, any
municipality having jurisdiction, or by any court from
removing Wake Stone Corporation's property all quarryable
stone which is outside the buffer zone referred to in
condition 3, page 4. The requirements by the State that
Wake Stone Corporation comply with laws and rules and
regulations generally applicable to stone quarries shall
not be deemed a prohibition of quarrying.for the purpose
of the option agreement.
B. The operation of a quarry on Wake Stone Corporation's
property for a minimum period of five years.
The conveyance of the quarry site, if approved by the State,
shall be by deed containing the usual covenants of warranty
and conveying the quarry site free and clear of all encumbrances
except those existing at the time of Wake Stone Corporation's
purchase, ad valorem taxes at the time of conveyance (which
shall be prorated), and such drainage and utility easements
as shall have been installed in connection with the development
of the property.
The option may include such other terms as are mutually accept-
able to the State and Wake Stone Corporation.
The method by which the quarry site may be donated to the
State is as follows: Upon acquisition of the land by Wake
Stone Corporation (by the exercise of its options to purchase),
Wake Stone -Corporation will grant to the State an option which,
if exercised by the State, will require that Wake Stone Corporation
convey a fee simple title to the quarry site to the State. The
State shall have no obligation to exercise its option to accept
a conveyance of the quarry site.
13 of 13
ka
The terms and conditions of the option shall be as follows:
A. When all quarryable stone has been removed from all of the land
belonging to or under the control of Wake Stone Corporation during
the period of its quarrying operations and which lies between the
Park and Interstate Highway 40, it shall be the duty of Wake Stone
Corporation to notify the State of this fact. Upon receipt of
such notice, the State shall have six months within which it may
elect to have Wake Stone Corporation convey the quarry site to
the State. If the State elects*to have Wake Stone Corporation
convey the quarry site to the State, it shall notify Wake Stone
Corporation of such election within said:.six month period. All
notices shall be by certified mail with return receipt requested.
If the State fails to make an election within said six month
period or shall elect not to accept a conveyance of the quarry
site, the option shall thereupon terminate and Wake Stone Corp-
oration shall have no further obligation to convey the quarry
site to the State.
B. If all quarryable stone is not removed the right of the State
to acquire tHe quarry site shall accrue at the'end of 5U years
from the date quarrying. commences or 10 uarrying
operations ave ceased wit o t_.having been resumed. whichever
is sooner and notices shall be'exchan ed time in
same ner ameHe limitations as set forth in
paragraph A above.
C. Until the option has expired Wake Stone Corporation will not
encumber by mortgage or deed of trust any of the area designated
"BUFFER AREA" on Wake Stone Corporation's site plan -dated
February 17, 1981, revised March 10, 1981, except for purchase
money security interests.
The terms and conditions relating to the donation are placed herein
to prescribe generally the boundaries of the Wake Stone Corporation
offer. The acceptance by the State is subject'to approval by the
Department of Administration and the Council of State and the ascertai
ing that the offer is in accord with the laws of the State and lawful]
adopted rules and regulations. Further, the Department's analysis of
the condition of the land to be transferred will be in accordance wits
the criteria identified in the "Principles Governing the Establishment
Extension and Development of State Parks, State Recreation Areas and
State Natural Areas."
Permit issued this the ��� day of rI'7 19
BY:
If
Stephen G. Conrad, Director
Division of Land Resources.
By Authority of the Secretary
Of the Department of Natural Resources and Community Development
NANDO PTh eredsY se by
The Aevz6Ob0bsencr
A21 Fayelin'61e Street Suite 106
MEDIA COMPANY Rali NC 27601
consult. strategize. deliver.
AFFIDAVIT OF PUBLICATION
Accounts
Ad Number
I Identification
PO
Cola
I Lmea
497361
OOD4687807
INTENT TO ISSUE STORMWATER DISCHARGE PERMITS
1
52
Attention: Paul Clark
NC DENR ENGERGY MINERAL & LAND RESOURCES
1612 MAIL SERVICE CENTER
RALEIGH, NC 276991612
NC DIV.OF ENERGY, hAMERALAND
l.M113 RESOURCPS'INTENTTO
ISSUE THE 1 O 1LOWING
STORMWATERDISC' W—E -
PERMITS
The Division of Enemy, Mineral, and
Land Resources (DEMLRI invites Pub
tic comment on, or objections to, the fol-
koiing NPDES ImVtMal Sformwoter
General Permits to be revised and re-
issued. The Public comment Period be,
Pins Pt 9:00 am an 1/I.VNYIJ OM ends at
5:00 Pm en 6gU1020.
Persons wishirq to comment an or de-
lect may submit wri"m wmments la
me address below during the Public
comment Period. All comments received
during Me gplic cerement perfect will
be considered in the final determine,
tions regarding Permit Issuance. Public
comments may result In charges to the
Proposed PermlRin action.
All comments should refereace the sae,
dfk Permit number listed below.
NCG(Q%e00 for Mining Operations,
Proposed issuance dale 941(yNoa
NCG1900m far Merinos, implanted
Isauancedpte9/3ai@0
NCG250000 far Construction Activi
ties not subject to the NC Sedtmmt Pat -
Julian Control Ad, proposed issuance
data 9lJa/ASO (a new NPOES Industrial
Starmwater Gene rol Permit).
The General Permits o Fact She
Me be vt¢Nedol:htlp5:/degac.g0yob
out%mvl sions/energ9 minera -a 6 awn -
resources/s tormwdfer s ""'mm er.
pragram/alermwdfeopuTi�'
Please direct commenlsor questions to:
Annette Lucas
Slmmwater Progrorn
NC Division of Enemy, Mineral, and
LOM Resources
1612 Mail Service Center
Raleigh, NC 29699 1611
(919) 707 36
armle.lucmnncclear,gov_
N60: July 8.=
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Before the undersigned, a Notary Public of
Johnston County, North Carolina, duly
commissioned and authorized to administer
oaths, affirmations, eta, personally appeared
BETSY WOMBLE, who being duly swom or
affirmed, according to law, cloth depose and
say that he or she is Accounts Receivable
Specialist of the News & Observer Publishing
Company, a corporation organized and doing
business under the Laws of the State of
North Carolina, and publishing a newspaper
known as The News & Observer, Wake
County and State aforesaid, the said
newspaper in which such notice, paper,
d=ment, or legal advertisement was
published was, at the time of each and every
such publication, a newspaper meeting all of
the requirements and qualifications of Section
1-597 of the General Statutes of North
Carolina and was a qualified newspaper
within the meaning of Section 1-597 of the
General Statutes of North Carolina, and that
as such he or she makes this affidavit; and is
familiar with the books, files and business of
said corporation and by reference to the files
of said publication the attached advertisement
1 Insertion(s)
Published On:
July 08, 2020
�A'uw-Um
RECEDED
(1 0 1
LAND QUALITyS_..:_
ION
BETSY WOMBLE, Accounts Receivable
Specialist
L 0 dam, CCau.Zcv)L
Electronic Notary F66fic
State of North Carolina
Swam to and subscribed before me this
8th day of July, 2020
My Commission Expires: 7/1012023
WENDYDAWSON
Notary Public
North Carolina
Johnston County
M
_PENROSE
ENVIRONMENTAL
30 June, 2020
Mr. Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
N.C. Department of Environmental Quality
1612 Mail Service Center
Raleigh, N. C. 27699-1612
Penrose Environmental
254 Brevard Road
Asheville, NC 28806
Dave@,Penrose.consulting
htty://oenrose.consultina
Telephone 919/605-1394
RRCE/VE®
JUL 0 i 202J
LAND
QUAL1 SECTION
Subject: NC Mining Permit Application— Modification to Permit Number92-10
Dear Mr. Wrenn,
Thank you for allowing me to comment on the proposed expansion of the Triangle Quarry. I'd like to
focus my comments on the ecology of Crabtree Creek and the potential for impacts of the expansion. The
information I'd like to present are from the Biological Assessment Unit of the Division of Water
Resources, and would like to thank Eric Fleck for these data You may be aware the DWR has a robust
biological monitoring group that has been collecting aquatic insect data for over 45 years and have
developed evaluation metrics that have been widely accepted in many regulatory programs nationwide.
Table 1 is a brief summary of the most recent data collected by the D WR at 5 locations in the Crabtree
Creek watershed. The bioclassifications are based primarily on the taxa richness of three fairly intolerant
orders of aquatic macroinvertebrates (Ephemeroptera + Plecoptera + Trichoptera) as well as a biotic index
which is based on the pollution tolerance of these insects. I should also mention the Biological
Assessment Unit is planning to collect data from many of these locations during its 2020 Neuse River
Basinwide Program.
Table 1. Most Recent Bioclassifications of Crabtree
Creek. NC Division of Water Resources Biol
ical Assessment Unit
NC 54
1-40 / SR-1795
Umstead SP
I Ebenezer Church
I US 1
MoNear
Bioclass
MoNear
Bioclass
MoNear
Bioclass
MoNear
Bioclass
MoNear
Bioclass
07/1995
Poor
06/1987
Fair
072000
Good/Fair
06/1987
Good/Fair
10/1996
Fair
072000
Poor
06/1987
Poor
072001
Good/Fair
07/1991
Fair
082000
Fair
082005
Poor
04/1994
Fair
082005
Fair
04/1994
Fair
082004
Fair
042013
Poor
04/1994
Poor
072010
Good/Fair
082015
Fair
Avg EPT = 7.0
Avg EPT = 9.9
Avg EPT = 12.3
Avp EPT = 11.0
AvR EPT = 11.5
Table 1 illustrates clearly that Crabtree Creek has a pretty inauspicious headwater at NC 54 where
biological integrity has been consistently Poor based on the DWR bioclassification criteria However, it
should be noted that this section of Crabtree is within the Triassic Basin which historically has flow
duration issues and results in poor stream biota The sites at I-10 and SR-1795 are below Lake Crabtree
and also have Fair to Poor biological health. Much of this is of course due to the overflow of the reservoir
c�
Ff,
7,1
00
el
Alft� AON*A
and probably has elevated sumi-wr temperatures with also affect the benthic insects. Please note however
that biological conditions improve at the Umstead State Park collection location. Good/Fair
bioclassifications have been recorded for most of the collections from this location. It's very likely that
the improvement in biological integrity at this location is due to the inflow of groundwater and a healthy
riparian canopy. Many scientific studies have been conducted that clearly note that healthy riparian zones
are important to stream health as well. In fact, many of the stream insects collected from this reach of
Crabtree Creek are microhabitat specialist that rely on stable banks (Tnaenodes ignitus, T. injusius, T.
perna/helo and Oecetis persimilis) and clean, stable rock surfaces (Ceraclea maculate, C. tarsipunctata
and Isoperla davisi). Very old records from the NC State Museum of Natural History (1980) note that
scientists have documented the presence of the Carolina Mudpuppy (Necturar lewisi) and the Carolina
Madtom (Noturus furfosus) from Crabtree Creek within Umstead State Park. Both of these species were
listed as "species of concern" in a 1977 publication. It appears that stream biointegrity decline at the
monitoring location at Ebenezer Church Road somewhat, but again these are very" old data. Finally,
Crabtree Creek has been consistently rated as Fair at the downstream site at US 1.
These data clearly illustrate that the healthiest reach of Crabtree Creek is within Umstead State Park and
its tributaries within the Park are very likely refugia for many of these benthic insect taxes I usually don't
consider myself as an alarmist; however, the reach of Crabtree Creek within Umstead State Park needs to
be protected. Consequences of the potential expansion of the Triangle (juarry will include loss of
instream flow from groundwater sources and tributary input. Seepage of stream flow into the quarry is a
major concern as well. Loss of stream flow will increase instream waste concentrations from upstream
sources which will decrease resilience of the stream biota and very likely increase vulnerability to
extreme events such as prolonged drought. In my opinion major reaches of Crabtree Creek are teetering
on losing any assimilative capacity and may soon reach a tipping point. The loss of the Umstead Park
refugia because of mining activities may have negative consequences for the watershed.
l would be happy to discuss my opinions at your convenience.
Sinc
David Penrose
RECEIVED
JUL 0 7 2020
My name is Jane Ferdon & I am a lifelong resident of RaleiggN@�rS&O�y living at
6109 Lost Valley Rd. Umstead Park is directly across the street from odd 10* &
is a refuge our family frequently visits. We are grateful for & appreciate your
willingness to give us this opportunity to express our opposition to the requested
quarry modification permit.
The area surrounding Umstead Park has grown rapidly & immensely in size &
population, & will continue to be developed. Families living in this now urban
setting need more than ever access to natural settings like our park to relieve
stress & unwind from their hectic lives. In the midst of this pandemic we all feel
overwhelmed by confusion, fear, & grief. It's as if the veil has been removed,
revealing a collective experience of anxiety & heartbreak. But this virus has also
shown us our interconnectedness & the possibilities we possess to take back
what matters most to us.
20 years ago the quarry functioned on the outskirts of town to provide gravel for
future roads, but today we confront a different challenge: how unsustainable
consumption is ecologically damaging. If you elect to permit the quarry to expand
it will pollute the habitat, water, & air within the park, & destroy the serenity &
connection to nature & our earth we hunger for & long to reclaim.
We put our trust in you now & believe in your integrity, clarity & fundamental
goodness as you remember your purpose to protect the public welfare. What will
happen in our future will depend on what you do when you make this difficult
decision.
How will we be remembered as we confront this moment, unlike any other in our
lifetime? Will we work together toward reconciliation among those who feel
deeply alienated & those who mistrust our government? Let us see what love can
do, what we can do, to leave our children & their children a green island of calm,
an oasis from the outside world, where they can wander & dream & rediscover
their lost kinship with other living things. Let us leave them a more open hearted
world. That would be transformative; a gift for the generations.
June 29, 2020
i
My name is Ben Ferdon, 6109 Lost Valley Rd. Raleigh NC 27612,
Physician. I am here to call for a DENY of Permit per G.S. 74-51 (4)
substantial physical hazard to public health & safety.
The Air Quality Permit was issued in 2013, & may not have taken into
account the increased density development that has occurred in the years
since it was issued, nor the plans that are in the development pipeline for
high density housing in the surrounding communities of Cary, Morrisville, &
Raleigh. Due to this increase in nearby high density housing along with the
COVID-19 Stay-at-home order, up to 5.000 people per day have been
using the trails within Umstead State Park in May & June.
The largest issue of concern is the amount of respirable silica that
recreational users & the occupants of the private home will be exposed to.
Silica standards have been updated since the air quality permit was issued
for occupational exposures.
"The question of nonoccupational risk associated with communities living
adjacent to peak sites requires examination." Finest silica dust, 1 /400
millimeter._- diameter (PM2.5) is the most damaging. It goes deep into the
lungs & lodges, accumulating over years causing inflammation, scarring,
breathing difficulty, cancer, & heart disease. Treatment is difficult &
prevention is easy.
Umstead Coalition volunteers have measured, photographed, & videoed
elevated PM2.5 concentrations at the park entrance using both stationary &
mobile monitors. We request NC-DEQ to perform air sampling at the park
entrance to quantify the amount of respirable silica dust that park visitors
are being exposed to. We also request that the core samples that were
FA
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. i.�. ._•J..•, •i yr �'�r ,. ., ... �.-. :i� .;r r� � __ .. _ .�r"l !•.,r r.
r•. .1 !_ .. - .. � •(• .. _. fir. �� . '��'
ct'' .•.. � ',.i `! ',�� � '. i :,'!� .:t �•�.. .. wit—•.`_" .. _ '`:''�;Il;i
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taken from the Odd Fellows Tract be analyzed for silica content.
For all of the above reasons we respectfully request that this permit be
denied.
l :1
L
4
DEQ Public Hearing
23 June 2020
6:00 p.m.
Re: Wake Stone Corporation RDU Quarry Pit Permit
Per Mr. Daniel Sams' request, the transcript of my comments at the subject public hearing
follows.
These comments were made and submitted by:
Kathleen Rusnak Weaver, P.E.
2912 Timpani Trail
Apex, NC 27539
Good Evening. My name is Kathleen Rusnak Weaver. I am a licensed Professional Civil Engineer
in NC. My position is that the permit request should be denied. My focus tonight is the water
quality related to sampling conducted by Wake Stone for the existing quarry.
The present quarry operates under General Stormwater Permit NCG02. The permit contains
both "Stormwater Benchmarks" and quantitative limits. Pit water is defined in the permit as
wastewater. Discharges of wastewater or co -mingled stormwater/wastewater have specific
limits that require water samples to be taken at the discharge point when discharge occurs.
Sample frequency is specified in the permit.
A review of recent DEMLR Laser fiche files for Wake Stone, Triangle Quarry was conducted.
"Annual Summary Discharge Monitoring Reports" were found for years 2015 through 2019.
DEMLR Laser fiche contains sampling results for Outfall 01. It appears the sampling has been
consistently performed incorrectly. The "Total Rainfall" column of the reports consistently
shows "no flow" written adjacent to each date. Quantitative analytical results are shown in
adjacent columns for those dates. This raises the question as to what source of discharge is
being sampled. Is the pond rather than a discharge being sampled? Compliance with the
stormwater permit is dependent on this monitoring, yet the discharge itself does not appear to
be sampled.
Further, the Permittee often refers to this system as "closed loop," for which the permit refers to
a recycle system; however, the permit application for expansion shows the present quarry to be
discharging. PDF page 143 of the application presents the NC DEQ Division of Water Resource
Water Withdrawal and Transfer Registration submittal for 2019, showing 29 discharges. The
t
AW
/~1
Hydrogeologic narrative for the expansion quarry also states approximately 2 discharges per
month.
Sampling experience with the existing quarry indicates a considerable possibility that the
operation will result in substantial sediment deposits downstream of the quarry, and thus the
permit should be denied.
In addition, I would like the following paragraph included in the public record and taken into
consideration when determining whether or not to issue the permit:
Reports typically show quantitative sampling results for Outfalls SD06 and SD03. These appear
to be taken during rainfall events. One report for SDO-6/EQ-2 for 2015, specifically 12/17/15,
shows some values that are well over the "benchmarks" (i.e., actual TSS of 470 vs 100; turbidity
of 888 vs 50 NTU). The permit requires a response to this. No response documents were found
in this review of the Laser fiche. What response did Wake Stone Corporation make to these
values?
"-,
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Application for Mining Permit No. 92-10,
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Page 2 of 3
10401
NORTH CAROLINA DEPARTMENT OF ENVIRONM6ry 17AL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
PUBLIC NOTICE
Notice is hereby given of a second day of a continued public hearing to be held by
the North Carolina Department of Environmental Quality concerning Wake Stone
Corporation's modification application for Mining Permit No. 92.10, a crushed
stone mining operation located off Old Reedy Creek Road In Wake County.
AUTHORITY: NC General Statute (GS) 74-51 and NCAC Title 15, Chapter 5
Sufic ap ert 5B, Section .0011
PLACE, TIME, DATE: Session Low 2020-3, section 4.31 PUBLIC
BODIES(REMOTE MEETINGS DURING DECLARED EMERGENCIES allows a
Public body to conduct public hearings by remote meetings.
Remote Meeting due to COVID-19 Declared Emergency
9:00 A.M.
July 7, 2020
ONLINE: Cisco WebEx Link:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTI D=e4o6e) 6eae923801 b
8719666028816856
Meeting Number (Access Code): 161044 6S42
Meeting Password: DEQ123
PHONE:
Cisco WebEx by Phone: +1415 655 0003 US TOLL
Meeting number (access code): 161 0446542
PURPOSE:
To receive comments related to the modification application for a mining permit
for a crushed stone mining operation located off Old Reedy Creek Road in Wake
County.
Comments shall be limited to those that relate directly to the seven (7) denial cri-
teria listed under GS 74-51 of The Mining Act of 1971 that the Department consid-
ers in making its decision to grant or deny a new mining permit application or a
modification to on existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will
be violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quali-
ty, or ground water quality which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church, hospi-
tal, commercial or industrial building, public road or other public property, ex-
cluding matters relating to use of a public road;
S. That the operation will hove a significantly adverse effect on the purposes of
o publicly owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial Pos-
sibility that the operation will result in substantial deposits of sediment in stream
beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the appll-
cant or parent has not been in substantial compliance with this Article, rules
adopted under this Article, or other laws or rules of this State for the protection of
the environment or has not corrected all violations that the applicant or any pa-
rent, subsidiary, or other affiliate of the applicant or parent may have committed
under this Article or rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under GS 74-64, or
d. Any other court order issued under GS 74-64, or
e. Final assessment of a civil penalty under GS 74.64.
In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE :
All persons interested in this matter are invited to offend. The hearing will be
conducted in the following manner:
1. Explanation of the action for which the permit is required by the hearing
officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971
by the Division of Energy, Mineral, and Land Resources.
3. Public Comment - Comments, statements, data, and other information may
be submitted in writing prior to the hearing or may be presented orally at the
hearing. Persons desiring to speak must follow the procedure outlined below. So
that all persons desiring to speak may do so, lengthy statements may be limited
at the discretion of the hearing officer. Oral presentations must not exceed the
time limit established by the hearing officer. Any oral presentation that exceeds
two (2) minutes must be submitted as directed by the hearing officer.
If you wish to speak at the digital public hearing, you must have previously regis-
tered, by 12:00 PM on June 23, 2020.
4. Cross examination of persons presenting testimony will not be allowed; how-
ever, the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the
hearing and may be available for individual/group discussion after the hearing is
adiourned.
6. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with
the Raleigh Regional Office, Raleigh Central Office and online at our webpage,
for the public's information and review prior to the date of the public hearing. To
submit comments or for additional information concerning this hearing contact
by writing or calling:
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center, Raleigh, North Carolina 27699.1612
Telephone: (919) 707-9220
Comments may also be submitted by email to: ncminingprogram9ncdenr.gov.
N&O: June 24, 2020
Page 3 of 3
60
TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560
3�0� MO9 RESOLUTION 202o-i86-o OF THE MORRISVILLE TOWN
o COUNCIL IN SUPPORT OF NORTH CAROLINA
•0 DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW
Id ►`.'KC~�� OF THE WAKE STONE MINING PERMIT
WHEREAS, the Town of Morrisville's mission statement is "Connecting our diverse
community to an enhanced quality of life through innovative programs and services"; and
WHEREAS, the Town of Morrisville's objectives include providing mobility options for our
non -driving citizens, and being responsible stewards of the natural environment; and
WHEREAS, the Town of Morrisville has invested in the Crabtree Creek Greenway and
Hatcher Creek Greenway to specifically connect the Town of Morrisville to Lake Crabtree
County Park and to the Reedy Creek Park entrance of our beloved William B. Umstead State
Park; and
WHEREAS, Morrisville residents and businesses have relocated to our town for an enhanced
quality of life and connected community; and
WHEREAS, Morrisville residents are frequent users of Lake Crabtree County Park and
Umstead State Park for hiking, running, biking, and family outings; and
WHEREAS, Wake Stone Corporation has submitted a modification application to the State
of North Carolina Department of Environmental Quality (DEQ) for its Mining Permit 92-10
requesting to expand its Triangle Quarry operations; and
WHEREAS, the proposed location of the expanded operations is the Raleigh Durham Airport
Authority (RDUAA)105-acre Odd Fellows Tract located directly across Crabtree Creek from
.the current Triangle Quarry pit; and
WHEREAS, the Odd Fellows Tract is on the North Carolina Division of Parks and Recreation
critical land acquisition list to purchase and add to Umstead State Park,
WHEREAS, The Conservation Fund, a national environmental non-profit organization, offered
to buy the Odd Fellows Tract from RDUAA to expand Umstead State Park in October 2017; and
WHEREAS, state guidance for applications, granting and conditions for operators desiring to
engage in mining activities are governed by Article 7 of the Mining Act of 1971; and
WHEREAS, DEQ may deny a permit request based on violations of requirements outlined in
subsection 74-51(d) of the Mining Act; and
WHEREAS, a public hearing to seek community feedback on the application is scheduled for
June 23, 202o beginning at 6:0o p.m. Due to COVID-19 limits on the size of public gatherings,
the hearing will be conducted digitally; and
WHEREAS, all public and interested parties have the explicit right to submit public
comments regarding Wake Stone's permit application; and
WHEREAS, many Town of Morrisville residents are concerned that expansion of the quarry
operations may severely impact quality of life due to the loss of tree canopy and wildlife as well
as the resulting pollution of our air and water resources; and
��
1"\
WHEREAS, Wake County Commissioners have emphasized a need for more Open Space for
citizens of the County; and
WHEREAS, the Town of Morrisville is one of the local governmental units closest to the
proposed expanded quarry operation; and
WHEREAS, the expanded mining operations by Wake Stone may violate standards of air
quality, surface water quality, and ground water quality; and
WHEREAS, the expanded mining operations by Wake Stone may have a significantly adverse
effect on the purposes of a publicly owned park, forest, or recreation area.
NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN
COUNCIL hereby requests the NC Department of Environmental Quality to deny the permit
for Wake Stone Corporation's mining permit modification application if determined to have a
significantly adverse effect on air, surface water or ground water quality and based on the
potential negative impacts on the environment and quality of life in the surrounding area due to
the town's proximate location to Umstead State Park and Lake Crabtree County Park.
Adopted this the 23rd day of June 2020.
T1
TJ Cawley, Mayor Eric W. Smith II, Town Clerk
n
n
O. TEMPLE SLOAN, JR.
4900 FALLS OF NEUSE ROAD
SUITE 150
RALEIGH, NORTH CAROLINA 27609
June 18, 2020
Mrs. Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
RE: Wake Stone Corporation
Modification application for Mining Permit No. 92-10
Dear Mrs. Weimer,
RECEIVE®
JUN 2 41010
LAND QI i +LITY
MINING PF )GRAM
My name is O. Temple Sloan, Jr, 3026 Randolph Drive Raleigh, NC 27609. I am a 59-year resident
of Raleigh and Wake County, having grown up in Sanford, NC. During all of these years, I have owned
or partnered in a number of businesses headquartered in Wake County.
For at least 45 years, I have known the Bratton family, through friendship, business, and civic
relationships. Their integrity has never been questioned, always meeting or exceeding their
commitments and responsibilities. Their Knightdale Quarry has met the highest quality and safety
standards and the Bratton Family have been excellent neighbors to the Knightdale community.
Wake Stone Corporation and the Bratton Family have owned the Triangle quarry for 39 years without
a significant adverse impact to Umstead Park in all those years. In fact, they have been a good
neighbor to the park working with the rangers to clear debris and furnish free materials not to
mention over 25 years of participation on The Umstead Park Advisory Committee. Wake Stone and
the Bratton family have never demonstrated anything but goodwill and concern for the well-being of
Umstead Park. There is absolutely no evidence to support that this expansion would be any different.
The Bratton Family has always met their responsibilities to their neighbors and the environment.
Since moving to Wake County in 1961, my family
hiking and picnicking. It is a very special place.
beautiful park from Wake Stone's Triangle quarry.
and I have been frequent users of Umstead Park,
We have never seen any negative impact to our
Your approval of the Wake Stone Corporation application will not harm our park, as proven by their
39-year record of being a good neighbor. I urge your approval of their application.
Sincerely,
O. Temple Sloan, Jr.
W /i K iC S -90 1--/( - %wr
AND0421
�Z 3�z o L
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i4"N
NORTH CAROLINA DEPARTMENT OF ENVI RONMENTi,. *AUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
PUBLIC NOTICE
Notice is hereby given of a second day of a continued public hearing to be held by
the North Carolina Department of Environmental Quality concerning Wake Stone
Corporation's modification application for Mining Permit No. 92.10, a crushed
stone mining operation located off Old Reedy Creek Road in Wake County.
AUTHORITY: NC General Statute (GS) 74.51 and NCAC Title 15, Chapter 5
Subc t�apter SB, Section .0011
PLACE, TIME, DATE: Session Law 2020-3, section 4.31 PUBLIC
BODIESJREMOTE MEETINGS DURING DECLARED EMERGENCIES allows a
public body to conduct public hearings by remote meetings.
Remote Meeting due to COVID-19 Declared Emergency
9:00 A.M.
J ulY 7, 2020
ONLINE: Cisco WebEx Link:
hHps://ncdenrits.webex.com/ncdenrits/onstase/g.php?MTI D=e4a6e16eae923801b
$719666028816856
Meeting Number (Access Code) : 161044 6542
Meeting Password: DEQ123
PHONE:
Cisco WebEx by Phone: +1415 655 0003 US TOLL
Meeting number (access code) : 161044 6542
PURPOSE:
To receive comments related to the modification application for a mining permit
for a crushed stone mining operation located off Old Reedy Creek Road in Wake
County.
Comments shall be limited to those that relate directly to the seven (7) denial cri-
teria listed under GS 74-51 of The Mining Act of 1971 that the Department consid-
ers In making its decision to grant or deny a new mining permit application or a
modification to an ex€sting mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will
be violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quali-
ty, or ground water quality which hove been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to
Public health and safety or to a neighboring dwelling house, school, church, hospi-
tal, commercial or industrial building, public road or other public property, ex-
cluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes of
a publicly owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial Pos-
sibility that the operation will result in substantial deposits of sediment in stream
beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the appli-
cant or parent has not been In substantial compliance with this Article, rules
adopted under this Article, or other laws or rules of this State for the protection of
the environment or has not corrected all violations that the applicant or any pa-
rent, subsidiary, or other affiliate of the applicant or parent may have committed
under this Article or rules adopted under this Article and that result In:
a. Revocation of his permit,
b. Forfeiture of part or all of his band or other security,
C. Conviction of a misdemeanor under GS 74-64, or
d. Any other court order issued under GS 74-64, or
e. Final assessment of a civil penalty under GS 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE:
All persons interested In this matter are invited to attend. The hearing will be
conducted in the following manner:
1. Explanation of the action for which the permit is required by the hearing
officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971
by the Division of Energy, Mineral, and Land Resources.
3. Public Comment —Comments, statements, data, and other information may
be submitted in writing prior to the hearing or may be presented orally at the
hearing. Persons desiring to speak must fallow the procedure outlined below. So
that all persons desiring to speak may do so, lengthy statements may be limited
at the discretion of the hearing officer. Oral presentations must not exceed the
time limit established by the hearing officer. Any oral presentation that exceeds
two (2) minutes must be submitted as directed by the hearing officer.
If You wish to speak at the digital public hearing, you must have previously regis-
tered, by 12:00 PM on June 23, 2020.
4. Cross examination of persons presenting testimony will not be allowed; how-
ever, the hearing officer may ask questions for clarification.
S. (Optional) The applicant may make a short presentation at the end of the
hearing and may be available for individual/group discussion after the hearing is
adiourned.
6. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with
the Raleigh Regional Office, Raleigh Central Office and online at our webpage,
for the public's information and review prior to the date of the public hearing. To
submit comments or for additional information concerning this hearing contact
by writing or calling:
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center, Raleigh, North Carolina 27699-1612
Telephone: (919) 707-M
Comments may also be submitted by email to: ncminingorooromPncdenr.gov.
N&O: June 24, 2020
Page 3 of 3
`\
��/
RECENED
\�
00
JON 2 51010
r.
LAND Qtl WTY
Raleigh RECEIVED
MININGPF )GRAM
CITY COUNCIL
JUN 2 '0
June 17, 2020 LAND, , ..uTY
MINING Pf )GRAM
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, N.C. 27699-1612
ncminingprogram@ncdenr.gov
iudy.wehner ,ncdem. ov
\r/Il��`1•M IM211ai I _: 110 lTIM93Nk us]05M 11
RE: Wake Stone Corporation: Ouarry Application for Modification of Minine
Permit 92-10
Dear Ms. Wehner,
The Raleigh City Council voted at its June 16, 2020 Council meeting to provide comments
to the North Carolina Department of Environmental Quality's Division of Energy, Mineral, and
Land Resources ("DEMLR") on Wake Stone Corporation's application for modification to Mining
Permit 92-10. We respectfully request that DEMLR consider the City Council's adopted statement
below:
"While the question as to what authority or jurisdiction the City of Raleigh has
over the Odd Fellows property is still legally undecided, this Council continues to
hear from hundreds of Triangle -area residents, including Raleigh residents, about
their opposition to Wake Stone's proposed quarry.
We, as a Council, therefore urge the Department of Environmental Quality and the
Division of Energy, Mineral, and Land Resources to hear and seriously consider the
comments and concerns of these residents.
The Council values environmental protection and public health, as well as our
economic prosperity and the economic viability of RDU Airport. As such, we
respectfully ask that DEQ and DEMLR consider all appropriate concerns in making
a decision about the mining permit for the Wake Stone quarry. "
Municipal Building 1 222 West Hargett Street I Raleigh, North Carolina 27601
City of Raleigh (mailing address) Post Office Box 590 1 Raleigh, North Carolina 27602-0590
rN
Thank you in advance for providing these comments to DEMLR for consideration. Please feel
free to contact me if you have any questions.
cc: Corey Branch, Mayor Pro Tern
Nicole Stewart, Council Member
Jonathan Melton, Council Member
Patrick Buffkin, Council Member
David Cox, Council Member
Saige Martin, Council Member
David Knight, Council Member
Ruffin Hall, City Manager
Robin Tatum, City Attorney
Sincerely,
Mary-Ann'Baldwin
Mayor, City of Raleigh
-2-
_.
2305 Tiltonshire Lane
Apex, NC 27539
June 25, 2020
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Dear Ms. Wehner:
Following are my comments given at the June 23, 2020 public hearing
regarding Wake Stone Corporation's permit modification application for
Mining Permit 92-10. I have included comments that were edited out due
to speaking time constraints at the public hearing.
I am a lifelong resident of Wake County and have visited William B
Umstead State Park for decades. Wake Stone Corporation's comments in
their application that the park is unaffected by their current quarry and
will not be severely adversely affected by a new pit on the Oddfellows Tract
are not accurate and their disingenuous statement about park visitation
numbers only highlights the number of North Carolinians that are
adversely affected. We clearly have inadequate recreational lands and we
do not need damage to them from a new quarry pit on public land adjacent
to the park. The original permit application recognized this when it was
only approved with a Sunset Clause requiring mining operations to cease
in 50 years. There are also numerous other inaccuracies and
insufficiencies in the permit application. I request that this permit
modification be denied due to severe adverse effects to William B Umstead
State Park, Crabtree Creek and the East Coast Greenway Trail system. It
should also be denied based on adverse public health effects, adverse
effects on adjacent landowners and adverse effects on a critical wildlife
corridor.
Specifically in regard to the environmentally destructive aspects of this
proposed project, they must be evaluated together, recognizing the sum of
their damaging effects, rather than evaluated in artificial parts. The
applicant is attempting to inappropriately separate the environmental
consequences of each key part of the proposed quarry site separately from
the others. They are trying to separate the environmental evaluation for
the bridge, separately from the first phase of the quarry pit, separately
from the "future reserves" pit, separately from the fence, separately from the
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patrol roads, separately from the pit perimeter road and on throughout the
components of this project. The blatant attempt in this application to
artificially separate the environmental impacts should not be allowed by
the North Carolina State agencies tasked with the protection of Crabtree
Creek and William B Umstead State Park.
We are all aware that these separate activities would ALL occur on the 106
acres of the Oddfellows Tract. The site plan shows this and DEQ knows this.
So it begs the question as to why are the RDUAA and Wake Stone
Corporation trying to pretend that these activities are all separate and
unrelated? It is clear that they want to avoid evaluation of the total
negative impacts to the Neuse River buffers, streams and wetlands. The
obvious reason for this is that, in its total effects, the proposed rock mine
operation impacts so many linear feet of stream and so many acres of
wetlands that it should trigger the Corps of Engineers to perform what is
known as an Individual 401/404 Certification Analysis.
DEQ should not allow this permit application to move forward without
demanding a complete evaluation of all the environmental consequences of
this project as a whole and a complete 401/404 Individual Permit
Application.
This proposed mining operation on public land has no public benefit, as the
area has no shortage of quarry stone. It constitutes a severe threat to
public health and safety, adjacent landowners, public recreational areas, a
critical wildlife corridor and streams and wetlands. So critical a threat in
fact, that Wake Stone is attempting to prevent evaluation of these effects in
their entirety and is trying to artificially separate them. This operation
would also leave the public with a permanent liability that Wake Stone has
inadequately addressed. Please do your duty to the current and future
citizens of North Carolina and deny this permit application.
Sincerely,
Dr Irene Rusnak
2
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
101-311[03L1[6111N0
Notice is hereby given of a second day of a continued public hearing to be held by the North
Carolina Department of Environmental Quality concerning Wake Stone Corporation's
modification application for Mining Permit No. 92-10, a crushed stone mining operation located
off Old Reedy Creek Road in Wake County.
AUTHORITY: NC General Statute (GS) 74-51 and NCAC Title 15, Chapter 5
Subchapter 5B, Section .0011
PLACE, TIME, DATE: Session Law 2020-3, section 4.31 PUBLIC BODIES/REMOTE
MEETINGS DURING DECLARED EMERGENCIES allows a public
body to conduct public hearings by remote meetings.
Remote Meeting due to COVID-19 Declared Emergency
9:00 A.M.
July 7, 2020
ONLINE: Cisco WebEx Link:
https:Hncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e4a6e
16eae923801b8719666028816856
Meeting Number (Access Code): 161 044 6542
Meeting Password: DEQ123
PHONE:
Cisco WebEx by Phone: +1 415 655 0003 US TOLL
Meeting number (access code): 161 044 6542
PURPOSE:
To receive comments related to the modification application for a mining permit for a crushed
stone mining operation located off Old Reedy Creek Road in Wake County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under GS 74-51 of The Mining Act of 1971 that the Department considers in making its
decision to grant or deny a new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will
be violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water
quality, or ground water quality which have been promulgated by the
Department;
4. That the operation will constitute a direct and substantial physical hazard
to public health and safety or to a neighboring dwelling house, school,
church, hospital, commercial or industrial building, public road or other
public property, excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes
of a publicly owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment
in stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this State
for the protection of the environment or has not corrected all violations
that the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or rules
adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under GS 74-64, or
d. Any other court order issued under GS 74-64, or
e. Final assessment of a civil penalty under GS 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by the
applicant as determined necessary by the Department, a permit shall be granted.
/4"'1
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the
following manner:
1. Explanation of the action for which the permit is required by the hearing
officer.
2. Explanation of the permit procedures as set forth in The Mining Act of
1971 by the Division of Energy, Mineral, and Land Resources.
3. Public Comment — Comments, statements, data, and other information
may be submitted in writing prior to the hearing or may be presented orally
at the hearing. Persons desiring to speak must follow the procedure
outlined below. So that all persons desiring to speak may do so, lengthy
statements may be limited at the discretion of the hearing officer. Oral
presentations must not exceed the time limit established by the hearing
officer. Any oral presentation that exceeds two (2) minutes must be
submitted as directed by the hearing officer.
If you wish to speak at the digital public hearing, you must have
previously registered, by 12:00 PM on June 23, 2020.
4. Cross examination of persons presenting testimony will not be allowed;
however, the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the
hearing and may be available for individual/group discussion after the
hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days following
the hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file with the Raleigh
Regional Office, Raleigh Central Office and online at our webpage, for the public's information
and review prior to the date of the public hearing. To submit comments or for additional
information concerning this hearing contact by writing or calling:
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: (919) 707-9220
Comments may also be submitted by email to ncminingprogram ncdenr.gov.
4
Wake Stone's proposal to mine next to
Umstead State Park faces more
opposition — and support from a
lawmaker
Lisa Sorg (Comment Environment
Two public hearings, six -plus hours and hundreds
of people: The controversy over a proposed the
quarry on 225 acres of prime wildlife habitat next
i to Unnstead State Park continued this morning as
concerned citizens spoke about the effects of the
project on a treasured property, as well as on
...' park -goers and neighbors.
A DrMq!spa. a bed in UM.SWPMk. ORy &Wa
oroppsal W "Q .t mine say Ine pceraUon mR Mrm wetbways
wdbp b a" hdnin U)e ark (M t.. Nc PorAs)
resources, including Crabtree Creek.
Most of the 200 individuals who spoke at the
virtual public hearings hosted by the NC
Department of Environmental Quality opposed the
Wake Stone proposal for an amended mining
permit, citing blasting noise, air pollution,
destruction of wildlife habitat and harm to water
Holly Neal worked for two years as a seasonal office administrator at the park's visitor center. She told
DEQ that sediment runoff from Wake Stones nearby existing mine already flows into the park, streams
and eventually Crabtree Creek "I've seen this myself," Neal said. "Even with no rain, the stream was very
cloudy white
David Humphrey, an engineer, said there is"a very strong potential for Crabtree Creekwaterto discharge
into groundwater as a result of quarry dewatering and thereby result in violations of groundwater
standards."
Upstream runoff from the Ward Transformer Superfund site has already contaminated Crabtree Creek
with cancer -causing PCBs.
Liz Adams, a research associate at the UNC Institute for the Environment in the field of air quality,
monitors levels of PM 2.5 on her bike rides around the park PM 2.5 is short for particulate matter that is
2.5 microns in size, less than the width of a human hair. Particulate matter this small can burrow deep
into the lungs and cause or worsen respiratory and heart disease.
TM NUShaI,M er thep.p weka Aone mYX e[pansbn fllo,n Imbstate ao
<e [ae south. OW RM ClR4 Rae re M w O Raedy Cl et Reed 1MM
to Umsecip Slete Pelk arse 11 a main entrance on 1a preen NOY snlan. A
y9pWY peStnNtibl rN..,, Irn rpnbOn takq td the nOrthtlst, .Ww.O
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Adams said that she mounted a Plume Flow sensor on her bike to crack PM 2.5 levels fdr one year. On
some days, she said, the concentration at the existing quarry entrance of 200 micrograms per cubic
meter. The EPA has determined that concentration is unhealthy — or Code Red — and that everyone
exposed to that level in the air could suffer health effects. At a level of 201 to 300 micrograms per cubic
meter, the air is considered very unhealthy by the EPA.
The land in question, known as the Oddfellows Tract, is technically owned by Wake and Durham counties
and Raleigh and Durham, but the Raleigh -Durham Airport Authority manages it. Last year the Airport
Authority board leased the tract to Wake Stone for $2 million a move that opponents are challenging in
coum
At the time, the Airport Authority board reasoned that RDU needed the money for its expansion plans.
However, last month the board significantly scaled back those plans, cut its budget by nearly half and
deferred major capital projects because of the COVID-19 pandemic.
Raleigh City Councilman David Cox told DEQ that the Airport Authority'didn't get Raleigh's permission to
lease the tract. We haven't abdicated our authority or ourjurlsdiction.'
Former Morrisville Mayor Mark Stohlman also opposed the project because of its potential harm to the
park's trail users.
"The towns of Morrisville and Cary has invested tens of millions of dollars in greenway systems and
facilities, Including Black Creek Hatcher Creek and Crabtree Creek trails; Stohlman said. "Ali these trails
lead directly to Umstead State Park and the Old Reedy Creek Road area, and the thousands of regular
trail users will be adversely impacted by the increased noise, dust and truck traffic.'
Supporters included State Rep. Darren Jackson, a Democrat who lives in Knightdale, where Wake Stone
operates another quarry; Knightdale Mayor James Roberson and Knightdale Town Manager Bill Summers.
The company donated a $2.5 million park adjacent to the quarry, Jackson said. However, it is common for
companies to give moneyto public projects to help deflect opposition. Wake Stone has also promised to
restore some land around the Oddfellows Tract for future trails after the quarry rock is exhausted.
Jackson received a total of $7,500 in campaign contributions from threetop Wake Stone officials — Sam
Brancin, Theodore Bratton and Tom Oxholm — last October, according to the State Board of Elections.
In 2018 Jackson received $750 from Wake Stone. And in 2017, Wake Stone contributed $4,000 to
Jackson's campaign.
They said they have received no complaints about Wake Stone's operations in Knightdale. 'They've
been good partner and neighbor and a key stakeholder in our community;' Roberson said.
Wake Stone received a mining permit in 1981 to operate on nearby land off Harrison Avenue and 1-40.
The company, which runs several quarries in central North Carolina, claims that its current proposal, a
300-foot deep mine, is merely an expansion.
And since the project is an expansion, Wake Stone believes it should be subject to the original mining
permit from 1981. The permit contains a"sunset clause whose original language required the company
to offer the land to the state after mining operations ceased or 50 years, whichever is sooner.
If held to the original wording, Wake Stone would have no interest in the current mining land— or the
Oddfellows Tract for the expansion — after 2031.
But in 2011 and again in March 2018, when Wake Stone was working on its expansion proposal, the
company asked DEQ to change the permit to say "later," rather than "sooner."The company said the
wording was a typographical error and should align with the original language in a Mining Commission
document. That document does say "later.'
The Mining Commission has not met since 2015. However, a bill in the legislature today would consider
the governor's appointment of Sam Bratton of Wake Stone to the commission,
If held to the original wording, Wake Stone would have no interest in the current mining land — or the
Oddfellows Tract for the expansion — after 2031.
But in 2011 and again in March 2018, when Wake Stone was working on its expansion proposal, the
company asked DEQ to change the permit to say "later," rather than "sooner." The company said the
wording was a typographical error and should align with the original language in a Mining Commission
document. That document does say "later."
The Mining Commission has not met since 2015. However, a bill in the iegis:aa.ire today would consider
the governors appointment of Sam Bratton of Wake Stone to the commission.
In response to Wake Stones request, DEQ changed the permit wording, but did not hold a public hearing
or notify local city or county governments. DEQ had deemed that the change was not substantial, even
though the effect was to allow mining to proceed for an indefinite period of time.
DEQ's decision, combined with a 2017 state law that allows mining companies to have "life -of -site
permits" rather than periodic renewals, opened a loophole for Wake Stone.
Stohlman said the expansion would not even be possible "without the sunset clause being changed,
unbeknownst to the municipalities that invested in all these trail systems."
Joseph Huberman was suspicious of the claim that the original sunset clause wording was merely an
error. 'This paragraph is clear and obvious, being located on the signature page," Huberman said. "This
permit, with the Sunset Clause intact, was reviewed and modified eight times over 36 years. It is
incomprehensible that the purpose of this paragraph went unnoticed when the permit was issued, as
well as the many times it was modified."
Attorney Mark Springfield told DEQ that it must deny Wake Stone's request, based on legal language that
it will have an "significant adverse effect on the purpose of the park."
"A key purpose of the park is to protect an area in a rapidly growing region," Springfield said, and for an
urban population to enjoy a natural setting."
Possibly related posts:
1. DEQ approves Wake Stone mining company's proposed bridge over Crabtree Creek
OWN
June 18, 2020
Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Dear Ms. Wehner:
I am writing to express my concerns regarding Wake Stone Corporation's application for
modification to Permit 92-10. 1 am greatly concerned about the negative consequences of
building a new quarry.
During this time of social distancing due to the pandemic it has become increasingly evident
that the public needs clean open space to use for both physical and mental health. The number
of people using the local trails, parks and greenways in the area have sky -rocketed during this
time. Leasing public land bordering on one of the area's premier state parks to a private
company is an egregious misuse of highly valued land.
The negative and costly effects of this proposed quarry are many:
• Water pollution from rock dust washed off processed gravel
• Air pollution from fine particles of rock dust
• Wear and tear on roads and bridges from increased industrial trucks and equipment
• Increased runoff from removal of tree cover and culverts for rainwater
• Creating an eyesore of a vast, gaping, sheer -sided, dangerous pit when Wake Stone's 30-
year lease is up
• Cost to Wake County to deal with the need infrastructure and environmental damage
• Unusable land for the airport or any other purposes at the end of the lease period
I strongly urge the North Carolina Department of Environmental Quality to abandon this plan
and to urge the RDU Airport Authority to reconsider the Conservation Fund's offer to purchase
the land outright and therefore preserve this lovely land for the citizens of North Carolina.
Thank you,
"—�(n d7'le�C�
Nancy Merrick
108 Smallwood Ct
Cary NC 27513
..
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