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HomeMy WebLinkAbout2020_07_27_15_36_11- 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 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 r. t .,i� � j ...lt'! ! t;J:.. , •f ,r; _ . �. ]'..,•'�.» w _ i .t ri; •�'i r. ��� e 'i' S .v. �� :':it+� .lii `'., -•� 34' - 1 ! .. � ?_J� -.r +'lj� /:.r.. _ :� ... j'ti'iT�'j!_.7 - �_ = •r � �� .'•. .. .: 'ti ��. is _ �i.. _. •T-�� Ti'� -. .... r� r� � :.... .1.". - _ - - - - � _ - tom' - '•�. :lr'1) ri: Ira '" �}.'!.� - .r - `;i.. r. _ t - ... - .. -+. .� ... '.� .. - .� •C�' '1•� - _ , . i.�. ._•J..•, •i yr �'�r ,. ., ... �.-. :i� .;r r� � __ .. _ .�r"l !•.,r r. r•. .1 !_ .. - .. � •(• .. _. fir. �� . '��' ct'' .•.. � ',.i `! ',�� � '. i :,'!� .:t �•�.. .. wit—•.`_" .. _ '`:''�;Il;i _ r t _ t • -, •• ..fir), _ ;i ..�i- .� .•�J'. .. i�, 1�. i _,jt:. Ed 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? "-, V"ooO jd E)NINIW Ainvnt) ONV I Ulu 0 C Nnr ®3Al3o3?j WX K &- 5Tbwa N NDOPowered by McClelehy The News & Observer 421 The Street. Suite 104 MEDIA COMPANY Raleigh, NC 27601 consult. strategize. deliver. Order Confirmation Customer Pavor Customer NCDENQ NCDENQ Customer Account Pavor Account 778820 778820 Customer Address Pavor Address DIVISION OF ENERGY, MINERAL & LAND RESOURCES DIVISION OF ENERGY, MINERAL & LAND RESOURCES RALEIGH NC 276991612 USA RALEIGH NC 276991612 USA Customer Phone Pavor Phone 919-707-9227 919-707-9227 Customer Fax Customer Entail Sales Rep Order Taker poleniczak@newsobserver.com poleniczak@newsobserver.com PO Number Payment Method Blind Box Tear Sheets Proofs Affidavits Credit Card 0 0 1 NetAmount Tax Amount Total Amount Payment Amount Amount Due $2,153.90 $0.00 $2,153.90 $0.00 $2,153,90 Ad Order Number Order Source Ordered By Special Pricing 0004680379 Invoice Text Promo Type Package Buy Materials Page 1 of 3 Ad Order Information Ad Number Ad Tyne 0004680379-01 RAL-Legal Liner External Ad Number Ad Size 2 X 118 li Product RAL-News & Observer Run Schedule Invoice Text Application for Mining Permit No. 92-10, Run Dates 06124/2020 Production Method AdBooker Ad Attributes Color Production Notes Ad Released Pick U No Placement Times Run Schedule Cost 0300 - Legals Classified 1 $2.153.90 Position 0301 - Legals & Public Notices 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 Powered by McClatchy The News & Observer N Fayetteville Street, Suite 104 MEDIA COMPANY Raleigh, NC 27601 consult. strategize. deliver. Order Confirmation Customer Payor Customer NCDENQ NCDENQ Customer Account Pavor Account 778820 778820 Customer Address Pavor Address DIVISION OF ENERGY, MINERAL & LAND RESOURCES DIVISION OF ENERGY, MINERAL & LAND RESOURCES RALEIGH NC 276991612 USA RALEIGH NC 276991612 USA Customer Phone Pavor Phone 919-707-9227 919-707-9227 Customer Fax Customer EMail Sales Rep Order Taker polenirzak@newsobserver.com poleniczak@newsobserver.com PO Number Payment Method Blind Box Tear Sheets Proofs Affidavits Credit Card 0 0 1 NetAmount Tax Amount Total Amount Payment Amount Amount Due $2,153.90 $0.00 $2,153.90 $0.00 $2,153.90 Ad Order Number Order Source Ordered By Soecial Pricing 0004680379 Invoice Text Promo Type Package Buy Materials Page 1 of 3 Ad Order Information Ad Number Ad Type 0004680379-01 RAL-Legal Liner External Ad Number Ad Size 2 X 118 li Product RAL-News & Observer Run Schedule invoice Text Application for Mining Permit No. 92-10, Run Dates O6124/2020 .B. Production Method AdBooker Ad Attributes Color Placement 0300 - Legals Classified Production Notes Position 0301 - Legals & Public Notices .. Ad Released Pick Uo No Times Run Schedule Cost 1 $2,153.90 Page 2 of 3 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 n, n TAN tic '1910tv AN 'IE)rnitzlnAT NrQrL- CWT 752 ww'! An w•1116 -iu�-7k rug GY- w1b Wo Assbon 0 By VA; Orrow. m. 1, f .01W751 -i-t%ltzitt, "ev MANTA 1 1 tali? r" y'rly r7j,p f ON 19V lx-10 owc[ 015J. an emewphl n� vin: MCA) T R) L v; F 1 my r L 11, IS ;;Q j.1. JFAj -;,-j i).". stl Clio 31�j ""70:1 j!) 0 of? W lvfyv�: xv rd ircA�v! A4 ...sym, AvArwom X 7 TA, vf 1xv n fo mew On ie"' GIMI'm 001 m J wolvis A v to, A cc) 0 1 a Sm. E"" z3 NOW 'ISON! "11�y1) loan in ,e 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 I Nlt/80016d ONINIIN I.IIIHno ON\il otoz 9 z Nnr a3AI3038 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 betty the mmrg lcvnyrr and. ark (N., MQ) 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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