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1-Combined Response to ADI Letter 3
ly 1< O • 3 /Z Wake Stone Corporation www.wakestonecorp.com Quarry Phone Numbers: Locations: 919/266-9266 - Knightdale 6811 Knightdale Blvd., Knightdale, N.C. 919/677-0050 - Triangle 222 Star Lane, Cary, N.C. 919/775-7349 - Moncure 9725 Stone Quarry Rd., Moncure, N.C. 252/985-4411 - Nash County 7379 North Halifax Rd., Battleboro, N.C. 843/756-3400 - N. Myrtle Beach 3990 Hwy 9 Business East, Loris, S.C. April 30, 2021 By Hand Delivery David Miller, State Mining Engineer NCDEQ— Division of Energy Mineral and Land Resources 512 North Salisbury Street Raleigh, North Carolina 27699 RE: Wake Stone Corporation Triangle Quarry Mining Permit No. 92-10 Wake County, North Carolina Neuse River Basin Mr. Miller: Business Office Address: P.O. Box 190 6821 Knightdale Blvd. Knightdale, N.C. 27545 919/266-1100 Fax: 919/266-1149 Enclosed are duplicate copies of Wake Stone Corporation's responses to the six (6) comments contained within your letter of April 14, 2021 ("3`d ADI Letter"). In providing these responses we have attempted to be as thorough and concise as possible, providing you with the information you need to move forward to permit issuance. As requested, our response to Item #1 provides a tabulated listing of all equipment (present and future) incorporated in the acoustical study modeling. Additionally, we have included graphics that illustrate the locations of each of these potential noise sources as they were included in the Cadna-A model runs. Our response to Item #2 includes a narrative discussion of how the "final" acoustical study report addressed the specific questions that had been raised in your letter of February 25, 2021. We have also included a PDF version of the final report in which we have highlighted the changes between this and the previously submitted draft report. These items should clarify any questions you have concerning the acoustical study methodologies and results. We have included in this response a set of revised Erosion and Sediment Control Plan drawings that include placement of a concrete wash -out location on the existing quarry site should such be required during bridge construction. 4. In responding to Item #4 concerning placement of the proposed security fence within areas subject to the Neuse River Riparian Buffer rule, we maintain that the General Statutes related to the buffer rules (15A NCAC 028.0714 and 15A NCAC 028.0610) clearly state that fencing is deemed allowable within buffer areas subject to limitations on tree removal. Our previously submitted explanation of how we intend to construct the proposed security fencing incorporates plans for avoiding removal of trees within Zone 1 of the buffer. We have made numerous attempts to obtain NC Division of Water Resources concurrence on our understanding of the buffer rule's provisions for fencing, but as of this date, have received no response from NCDWR. 5. The recommendation for upsizing of the riser pipe structure for Basin 4 has been addressed in the revised Erosion and Sediment Control Plan and supporting calculations prepared by PLD, LLC. 6. In addressing Item #6 we have included the information we have available to us, including copies of past email correspondences in which we requested correction of the "sooner" versus "later" language error. We have also included an affidavit from former Wake Stone Corporation CEO John R. Bratton in which he provides his recollection of the origin of Reclamation Condition No. 5. In addition to the two (2) printed copies of these response items as requested in your letter of April 14, 2021, we are also providing a USB memory device containing a digital (PDF) version of these materials. We believe these additional data will provide you the final information you need to move forward to permit issuance. Should you have additional questions, we are available by phone, email, or MS Teams to provide responses. Sincerely, Wake Stone Corporation David F. Lee Environmental Supervisor Wake Stone Corporation Triangle Quarry Mining Permit No. 92-10 Narrative response to ADI Letter #3, item #1: 1. Please supply a list of all equipment that was modeled and its location for the "Wake Stone Triangle Quarry Expansion Acoustical Study". WSC Response Per DEMLR's item #1 request, following are a tabulated listing of all noise sources modeled during compilation of the "Wake Stone Triangle Quarry Expansion Acoustical Study". Also attached are corresponding graphical presentation of the locations of all modeled sources. Wake Stone Quarry Expansion Cadna-A Noise Model Input Sources POINT NOISE SOURCE Name M. ID Result. PWL Lw / Li Correction Sound Reduction Attenuation Operating Time KO Freq. Direct. Height Coordinates Day Typel Value norm. Day R Area Day X Y z dBA dB(A) dB(A) ftZ min dB Hz ft ft ft ft EX Lower Yard Komatsu dozer at drying area, OF=28% !0803! 107.2 Lw Bull_dozer_Le -5.5 0.0 none 5.00 r 2069986.57 759675.88 393.50 EX Lower Yard Excavator at process ponds, OF=16% !0803! 102.6 Lw Excv_lar e_Le -8.0 0.0 JnSjne 5.00 r 2069486.88 759487.92 385.35 EXPrimary jaw crusher station, OF=46% 10801! 116.6 Lw Crusher -jaw -3.4 0.0 500 none 15.00 r 2068411.01 759545.50 183.21 EX secondary crusher and rip rap station, OF=46% !0801! 114.6 Lw Crusher cone -3.4 0.0 500 none 15.00 r 2068809.03 759749.56 194.14 EX sizing screen, OF=58% !0801! 115.6 Lw Vibrating -screen -2.4 0.0 500 none 40.00,r 2069199.62 759230.64 412.05 EX tertiary 7' crusher, OF=58% !0801! 115.6 Lw Crusher cone -2.4 0.0 500 none 15.00 r 2069205.92 759017.50 397.18 EX wash screen, OF=58% !0801! 115.6 Lw Vibrating -screen -2.4 0.0 500 none 40.00 r 2069617.51 759349.38 433.68 EX -grizzly feeder, OF=46% !0801! 114.6 Lw Rock_ box_ feeder -3.4 0.0 500 none 20.00 r 2068388.83 759535.00 195.42 EX_scalping screen, OF=58% !0801! 1 115.6 Lw Vibrating -screen -2.4 0.0 500 none 40.00 r 2069228.41 759020.25 422.73 EX-guarternary 7' crusher, OF=58% 1 1!0801! 1 115.6 Lw Crusher cone -2.4 0.0 500 ja2221 15.00 r 2069194.42 759048.03 395.29 EX sizing screen, OF=58% 1 1!0801! 1 115.6 Lw Vibrating_screen 2.4 0.0 500 none 40.00 r 2069210.45 7592,34.68 412.28 EX screen, OF=58% !0801! 115.6 Lw Vibrating -screen -2.4 0.0 500 none 40.00 r 2068795.96 759743.78 218.52 LINE NOISE SOURCES Name M. ID Result. PWL Result. PWL' Lw / Li Correction Sound Reduction Attenuation Operating Time Height KO Freq. Direct. Moving Pt. Src Day Day Type Value norm. Day R Area Number Speed dBA dBA dB(A)dB(A)ftz dB Hz Da m hEX Pit_haul truck route #1 to primary crusher, 4 RT/hr - !0101! 110.0 83.5 PWL- Pt Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 8.0 15.0 EX Pit_haul truck route to primary crusher, 9 RT/hr - !0101! 117.9 87.0 PWL- Pt Haul_truck_passby_Lmax 0.0 M25 5 r 0.0 (none) 18.0 15.0 EX cone or 1 2OF=46% !0800! 92.6 71.9 Lw Conve or -3.4 25 r 0.0 500 noneEX cone or 3OF=46% !0800! 92.6 70.5 Lw Conve or -3.4 r 0.0 500 none EX_conveyor 4UF=46% !0800! 92.6 69.4 Lw Conveyor -3.4 25 r 0.0 500 none EX -plant conveyor OF=58% 10800! 93.6 73.1 Lw Conveyor -2.4 25 r 0.0 500 none EX -plant cone or OF=58% !0800! 93.6 76.1 Lw Conveyor -2.4 25 r 0.0 500 JnSjne EX - plant cone or_UF=58% 10800! 93.6 73.2 Lw Conveyor -2.4 25 r 0.0 500 none EX -plant conveyor OF=58% 1!0800!1 93.6 76.9 Lw Conveyor -2.4 25 r 0.0 500 none EX -plant cone or OF=58% !0800! 93.6 78.1 Lw Conveyor -2.4 25 r 0.0 500 none EXplant cone or_UF=58% !0800! 93.6 76.6 Lw Conveyor -2.4 25 r 0.0 500 none EX -plant conveyor OF=58% 10800! 93.6 74.2 Lw Conveyor -2.4 25 r 0.0 500 none EX -plant cone or OF=58% 10800! 93.6 75.5 Lw Conveyor -2.4 25 r 0.0 500 none EXplant cone or_UF=58% !0800! 93.6 73.1 Lw Conveyor -2.4 25 r 0.0 500 none EXplant cone or_UF=58% !0800! 93.6 82.6 Lw Conveyor -2.4 25 r 0.0 500 none EX -plant conveyor OF=58% 10800! 93.6 75.8 Lw Conveyor -2.4 25 r 0.0 500 none EXplant cone or_UF=58% !0800! 93.6 78.0 Lw Conveyor -2.4 25 r 0.0 500 none V36 haul trucks from bridge to crusher, 14 RT/hr !0300! 120.9 89.0 PWL- Pt Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 28.0 15.0 V3_haul truck route #1 to bridge, 5 RT/hr !0300! 111.3 84.5 PWL- Pt Haul_truck_passby_Lmax 0.0 1 5 r 0.0 (none) 10.0 15.0 V3_haul truck route #2 to bridge, 5 RT/hr 103001 112.3 84.5 PWL- Pt Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 10.0 15.0 V3_haul truck route #3 to bridge, 4 RT/hr !0300! 110.3 83.5 PWL- Pt Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 8.0 15.0 V4_6 haul trucks from bridge to crusher, 14 RT/hr -- !0400! 120.9 89.0 PWL- Pt Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 28.0 15.0 V4_haul truck route #1 to bridge, 5 RT/hr - !0400! 111.3 84.5 PWL- Pt Haul_ truck_passby_Lmax 0.0 5 r 0.0 (none) 10.0 15.0 V4_haul truck route 42 to bridge, 5 RT/hr - !0400! 112.3 84.5 PWL- Haul_ truck_passby_Lmax 0.0 5 r 0.0 (none) 10.0 15.0 Pt V4_haul truck route #3 to bridge, 4 RT/hr -- !0400! 110.2 83.5 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 8.0 15.0 Pt V5_6 haul trucks from bridge to crusher, 14 RT/hr - !0500! 120.9 89.0 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 28.0 15.0 Pt V5_haul truck route #2 to bridge, 7 RT/hr - !0500! 113.7 86.0 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 14.0 15.0 Pt V5_haul truck route #3 to bridge, 7 RT/hr - !0500! 112.6 86.0 PWL- Haul_ truck_passby_Lmax 0.0 5 r 0.0 (none) 14.0 15.0 Pt V6_6 haul trucks from bridge to crusher, 14 RT/hr -- !0600! 120.9 89.0 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 28.0 15.0 Pt V6_haul truck route 43 to bridge, 14 RT/hr - 10600! 118.9 89.0 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 28.0 15.0 Pt V2_4 artic dump truck route #1 to OB storage, 17 RT/hr -- !0200! 116.3 87.6 PWL- Artic_dump_truck_passby_Lmax 0.0 5 r 0.0 (none) 34.0 10.0 Pt V2_4 artic dump truck route #2 to OB storage, 17 RT/hr - !0200! 117.0 87.6 PWL- Artic_dump_truck_passby_Lmax 0.0 5 r 0.0 (none) 34.0 10.0 Pt V2_4 artic dump truck route #3 to OB storage, 16 RT/hr -- !0200! 116.0 87.3 PWL- Artic_dump_truck_passby_Lmax 0.0 5 r 0.0 (none) 32.0 10.0 Pt 1 EX Pit -haul truck route #2 to primary crusher, 5 RT/hr - !01011 107.4 84.5 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 10.0 15.0 Pt EX Lower Yard haul truck from settling ponds to drying area, !0803! 109.3 82.3 PWL- Haul_truck_passby_Lmax 0.0 5 r 0.0 (none) 4.0 10.0 4 RT/hr Pt AREA NOISE SOURCES Name M. ID Result. PWL Result. PWL" Lw / Li Correction Sound Reduction Attenuation Operating Time KO Freq. Direct. Moving Pt. Src Day Evening Ni ht Day Evening Ni ht Type Value norm. Day venin Ni ht R Area ay ecial Ni ht Number dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) dB(A) dB(A) dB(A) (ft') min) (min) min) (dB) (Hz) Day EveningNi ht V2_excavator, OF=90% -- !0200! 110.1 110.6 110.6 57.5 58.0 58.0 Lw Excv_large-Leg -0.5 0.0 0.0 0.0 none V2_dozer, OF=90% - 10200! 112.2 112.7 112.7 59.6 60.1 60.1 Lw Bull_dozer_Le -0.5 0.0 0.0 0.0 none V2_backhoe, OF=4% 10200! 91.5 105.5 105.5 38.9 52.9 52.9 Lw Backhoe -14.0 0.0 0.0 0.0 500(none) V2_articulating water truck, OF=50% -- !0200! 111.1 114.1 114.1 58.5 61.5 61.5 Lw Water_ truck_Leq -3.0 0.0 0.0 0.0 (none) V3_h draulic shovel, OF=60% !0300! 112.6 114.8 114.8 61.2 63.4 63.4 Lw Shovel -Leg -2.21 0.0 0.0 0.0 none V3_ it loader #1, OF=60% 10300! 113.2 115.4 115.4 61.8 64.0 64.0 Lw Pit_loader_Le -2.21 0.0 0.0 0.0 (none) V3_ it loader #2, OF=60% !0300! 113.2 115.4 115.4 61.8 64.0 64.0 Lw Pit_loader_Le -2.21 0.0 0.0 0.0 none V3_artic water truck, OF=50% !0300!1 111.1 114.1 114.1 59.6 62.6 62.6 Lw Water _truck _Leg -3.0 0.0 0.0 0.0 none V3_e iroc drill, OF=60% 10300! 116.8 119.0 119.0 65.3 67.5 67.5 Lw Drill -rig -Leg -2.2 0.0 0.0 0.0 (none) V3_rock breaker, OF=20% !0300! 115.0 122.0 122.0 63.5 70.5 70.5 Lw Rock_ breaker_ Le -7.0 0.0 0.0 0.0 none V3_ rader, OF=4% 10300! 99.01 113.0 113.01 47.61 61.6 61.6 Lw Grader -14.0 0.0 0.0 0.0 500 none V3_trash pump, OF=80% 10300! 110.7 111.7 111.7 59.3 60.3 60.31 Lw I Pump -Leg -1.0 0.0 0.01 1 0.0 none) V4_h draulic shovel, OF=60% -- !0400! 112.6 114.8 114.8 61.1 63.3 63.31 Lw I Shovel -Leg -2.2 0.0 0.0 0.0 none V4_ it loader #1, OF=60% - 10400! 113.2 115.4 115.4 61.7 63.9 63.9 Lw Pit _loader _Le -2.2 0.0 0.0 0.0 none V4_ it loader #2, OF=60% - 10400! 113.2 115.4 115.4 61.7 63.9 63.9 Lw Pit _loader _Le -2.2 0.0 0.0 0.0 (none) V4_artic water truck, OF=50% !0400! 111.1 114.1 114.1 59.6 62.6 62.6 Lw Water-truck-Leg3.0 0.0 0.0 0.0 none V4_e iroc drill, OF=60% 10400! 116.8 119.0 119.0 65.2 67.4 67.4 Lw Drill-rig-Leg2.2 0.0 0.0 0.0 none V4_rock breaker, UF=20% - 10400! 115.0 122.0 122.0 63.4 70.4 70.4 Lw Rock_breaker_Leq -7.0 0.0 0.0 0.0 (none) V4_ rader, OF=4% -- !0400! 99.0 113.0 113.0 47.5 61.5 61.5 Lw Grader -14.0 0.01 0.01 1 0.0 500 none V4_trash pump, OF=80% -- !0400! 110.7 111.7 111.7 59.2 60.2 60.2 Lw Pump -Leg -1.0 0.0 0.0 0.0 none V5_h draulic shovel, OF=60% - 10500! 112.6 114.8 114.8 62.2 64.4 64.4 Lw Shovel -Leg -2.2 0.0 0.0 0.0 none V5_ it loader #1, OF=60% -- !0500! 113.2 115.4 115.4 62.8 65.0 65.01 Lw I Pit -loader -Leg -2.2 0.0 0.0 0.0 none V5_ it loader #2, OF=60% -- !0500! 113.2 115.4 115.4 62.8 65.0 65.01 Lw I Pit -loader -Leg -2.2 0.0 0.0 0.0 none V5_artic water truck, OF=50% - 10500! 111.1 114.1 114.1 60.7 63.7 63.7 Lw I Water _truck _Leg -3.0 0.0 0.0 0.0 none V5_e iroc drill, OF=60% -- !0500! 116.8 119.0 119.0 66.4 68.6 68.6 Lw Drill -rig -Leg -2.21 0.0 0.0 0.0 none V5_rock breaker, OF=20% - 11050011115.0 122.0 122.0 64.6 71.6 71.6 Lw Rock_breaker_Le -7.0 0.01 0.01 0.0 none V5_ rader, OF=4% - !0500! 99.0 113.0 113.0 48.6 62.6 62.6 Lw Grader -14.0 0.0 0.0 0.0 500 none V5_trash pump, OF=80% - !0500! 110.7 111.7 111.7 60.3 61.3 61.3 Lw Pump -Leg -1.0 0.01 0.01 0.0 none V6_h draulic shovel, OF=60% - !0600! 1112.6 114.8 114.8 63.1 65.31 65.3 Lw Shovel -Le -2.2 0.01 o ol 0.0 none V6_pit loader #1, OF=60% - !06001 113.2 115.4 115.4 63.6 65.8 65.8 Lw Pit_loader_Leq -2.2 0.0 0.0 0.0 (none) V6_ it loader #2, OF=60% - !0600! 113.2 115.4 115.4 63.6 65.8 65.8 Lw Pit_loader_Le -2.2 0.0 0.0 0.0 none V6_artic water truck, OF=50% - !06001 111.1 114.1 114.1 61.5 64.5 64.5 Lw Water _truck _Leg -3.0 0.0 0.0 0.0 jaanL V6_epiroc drill, OF=60% - !06001 116.8 119.0 119.0 67.2 69.4 69.4 Lw Drill_ri Leq -2.2 0.0 0.0 0.0 (none) V6_rock breaker, UF=20% - !0600! 11S.0 122.0 122.0 65.4 72.4 72.4 Lw Rock_breaker_Le -7.0 0.0 0.0 0.0 jaone V6_ rader, OF=4% - !0600! 99.0 113.0 113.0 49.4 63.4 63.4 Lw Grader -14.0 0.0 0.0 0.0 SOO none V6_trash pump, OF=80% - !06001 110.7 111.7 111.7 61.1 62.1 62.1 Lw Pump -Le -1.0 0.0 0.0 0.0 jaanL EX Pit -Articulating water truck for dust suppression, OF=SO% - !0101! 111.1 114.1 114.1 71.8 74.8 74.8 Lw Water_ truck_ Leq -3.0 0.0 0.0 0.0 (none) EX Pit _Hydraulic shovel, OF=60% - !01011 112.6 114.8 114.8 73.3 75.5 75.5 Lw Shovel -Leg -2.2 0.0 0.0 0.0 none EX Pit -Pit Loader, OF=60% - !01011 113.2 115.4 115.4 73.9 76.1 76.1 Lw Pit_loader_Leq -2.2 0.0 0.0 0.0 (none) EX Pit -Gill beetle drill w compressor #1, OF=60% - !01011 117.5 119.7 119.7 78.1 80.3 80.3 Lw Drill_Leq -2.2 0.0 0.0 0.0 (none) EX Pit -Gill beetle drill w compressor #2, OF=60% - !01011 117.5 119.7 119.7 78.1 80.3 80.3 Lw Drill_Leq -2.2 0.0 0.0 0.0 (none) EX Pit rock breaker, OF=20% - !0101! 119.7 126.7 126.7 80.3 87.3 87.3 Lw Rock _breaker -large -Leg -7.0 0.0 0.0 0.0 none EX Pit excavator, OF=4% - !01011 96.6 110.6 110.6 57.3 71.3 71.3 Lw Excv_large-Leg -14.0 0.0 0.0 0.0 none EX Pitgrader, OF=4% - !01011 99.0 113.0 113.0 59.7 73.7 73.7 Lw Grader -14.0 0.0 0.0 0.0 500 (none) EX Pit_backhoe, OF=4% - !0101! 91.S 105.5 105.5 52.2 66.2 66.2 Lw Backhoe -14.0 0.0 0.0 0.0 SOO jaone EX Pit_manlift, OF=3% - !01011 84.5 99.7 99.7 45.2 60.4 60.4 Lw Man Lift -15.2 0.0 0.0 0.0 jaanL EX Pit -trash pump #1, OF=80% - !01011 110.7 111.7 111.7 71.4 72.4 72.4 Lw Pump_Leq -1.0 0.0 0.0 0.0 (none) EX Pit trash pump #2, OF=80% - !0101! 110.7 111.7 111.7 71.4 72.4 72.4 Lw Pump -Leg -1.0 0.0 0.0 0.0 jaone EX Pit trash pump #3, OF=2% - !01011 94.7 111.7 111.7 SSA 72.4 72.4 Lw Pump -Leg -17.0 0.0 0.01 1 1 0.0 none EX Pit -Blasting, OF = 0.03% (1 sec hr - !0101! 112.4 148.0 148.0 73.1 108.7 108.7 Lw Blasting_Lmax -35.6 0.0 0.0 0.0 SOO (none) V2_Blasting, OF = 0.03% 1 sec hr - !02001 112.4 148.0 148.0 59.8 9S.4 95.4 Lw Blastin Lmax -35.6 0.0 0.0 0.0 SOO none V3_Blasting, OF = 0.03% 1 sec hr !03001 112.4 148.0 148.0 61.0 96.6 96.6 Lw Blastin Lmax -35.6 0.0 0.0 0.0 500 none V4_Blastin , OF = 0.03% (1 sec/hr) - !04001 112.4 148.0 148.0 60.9 96.5 96.5 Lw Blastin Lmax -35.6 0.0 0.0 0.0 SOO (none) VS_Blasting, OF = 0.03% 1 sec hr - !OS00! 112.4 148.0 148.0 62.0 97.6 97.6 Lw Blastin Lmax -35.6 0.0 0.0 0.0 SOO lasine V6_Blasting, OF = 0.03% 1 sec hr - !06001 112.4 148.0 148.0 62.8 98.4 98.4 Lw Blastin Lmax -35.6 0.0 0.0 0.0 500 none EX Lower Yard -Articulating water truck for dust suppression, OF=10% !08031 104.1 114.1 114.1 59.9 69.9 69.9 Lw Water_truck_Leq -10.0 0.0 0.0 0.0 (none) EX Upper Yard_ Articulating water truck for dust suppression, OF=20% !0803! 107.1 114.1 114.1 59.8 66.8 66.8 Lw Water_truck_Leq -7.0 0.0 0.0 0.0 (none) EX Lower Yard Loader, OF=100% !0803! 103.2 103.2 103.2 59.0 59.0 59.0 Lw Yard -loader -Leg 0.0 0.0 0.0 0.0 none EX Upper Yard -Loader #1, OF=100% !08031 103.2 103.2 103.2 SSA 55.9 55.9 Lw Yard_loader_Leq 0.0 0.0 0.0 1 1 0.0 (none) EX Upper Yard -Loader #2, OF=100% !08031 103.2 103.2 103.2 55.9 55.9 55.9 Lw Yard_loader_Leq 0.0 0.0 0.0 0.0 (none) EX Upper Yard_Manlift, OF=3% !08031 84.5 99.7 99.7 37.2 52.4 52.4 Lw Man Lift -15.2 0.0 0.0 0.0 none EXUpper Yard_Grader,UF=2% !08031 82.7 99.7 99.7 35.4 S2.4 52.4 Lw Man -Lift -17.0 0.0 0.0 0.0 SOO none prop berm limits - !OA! 0.0 0.0 0.0 0.0 0.01 0.0 Lw" 0.0 0.0 0.0 0.0 SOO none prop erim road grading limits E - !OA! 0.0 0.0 0.0 0.0 0.0 0.0 Lw' 0.0 0.0 0.0 0.0 500 none site topo limits - !OA! 0.0 0.0 0.0 0.0 0.0 0.0 Lw" 0.0 0.0 0.0 0.0 500 (none) NEW PIT_DEVELOPMENT_BUFFER !OA! 0.0 0.0 0.0 0.0 0.0 0.0 Lw" 0.0 0.0 0.0 0.0 S00 none newbridge area id earea _ !OA! 0.0 0.0 0.0 0.0 OOF 0.0 Lw" 0.01 0.01 0.0 I I 0.0 SOO none ROADWAY NOISE SOURCES Name M. ID Lme Count Data exact Count Data Speed Limit SCS Surface Gradient Mult. Reflection Day Evening Ni ht DTV Str.class. M p % Auto Truck Dist. Dstro Type Drefl Hbuild Dist. dBA) (dBA) (dBA) Dav EveninR I Niizht Day I Evening Night (mph) (mph) dB % dB ft ft EX -Customer Truck CLEAN STONE ROUTE_18 veh/hr !080201! 56.4 0.0 0.0 18.0 0.0 0.0 100.0 0.0 0.0 15 0.0 0.0 1 0.0 0.0 EX Customer Truck BASE MATERIALS ROUTE_12 veh hr 1080200! S4.6 0.0 0.0 12.0 0.0 0.0 100.0 0.0 0.0 15 0.0 0.0 1 0.0 0.0 1-40 WB - !09! 78.2 0.0 0.0 4548.0 0.0 0.0 10.0 0.0 0.0 70 w18 0.0 1 0.0 0.0 1-40 EB - 1091 77.8 0.0 0.0 4322.0 0.0 0.0 10.0 0.0 0.0 70 w18 0.0 1 0.0 0.0 EX Fuel Truck route 1 RT hr !0803! 40.3 0.0 0.0 2.0 0.0 0.0 100. 00.0 0.0 15 Wake Stone Quarry Expansion Cadna-A Noise Model Input Source Locations Source names: Reference the provided CadnaA noise model input source table. EX = Existing V2 = Overburden Stripping V3 = Production 280' V4 = Production 266' V5 = Production 210' V6 = Production 160' Symbols: Purple cross = point source Blue hatched area = area source Orange line = line source Red and white line = roadway vehicle Existing Plant, Upper Yard, and Lower Yard r 1-3 1 W_ "EX Lower Yard Excavator at "EX Lower Yard haul truck from settling process ponds" point source ponds to drying area" line source "EX Lower Yard Komatsu dozer j at drying area" point source All "EX Lower Yard_" area sources 2 point sources: 3 points sources: I "EX_wash screen" "EX_sizing_screen" X 2 "EX_quarternary 7' crusher", point source "EX scalping screen", Multiple line sources: "EX —tertiary 7' crusher" "EX —plant conveyor" All "EX Upper Yard_" area sources "EX Customer Truck —BASE MATERIALS ROUTE" roadway vehicles "EX Customer Truck —CLEAN STONE ROUTE" roadway vehicles Existing Pit and Crusher Abb-'so � 2 point sources: 2 point sources: "EX —primary jaw "EX _secondary crusher crusher station", and rip rap station", "EX —grizzly feeder" "EX screen" "EX Pit haul truck route #1 to primary crusher" line source All "EX Pit—" area sources "EX Pit haul truck route #2 to primary crusher" line source "EX Pit haul truck route to primary crusher" line source "EX Fuel Truck route" roadway vehicle Multiple line sources: "EX —conveyor" Future Overburden Stripping "V2_4 artic dump truck route #1 to OB storage" line source All "V22 area sources "V2_4 artic dump truck route #2 to OB storage" line source "V2_4 artic dump truck route #3 to OB storage" line source IN Future Production 280' All "V32 area sources "V3 haul truck route #1 to bridge" line source R-'. "V3_6 haul trucks from bridge to crusher" line source "V3 haul truck route #2 to "V3 haul truck route #3 to bridge" line source bridge" line source Notes: For all Future Production scenarios the crusher, plant, lower yard, and upper yard sources are the same as the Existing condition. For other future production scenarios, the haul routes and area source limits were modified to account for appropriate production footprint and elevation. Wake Stone Corporation Triangle Quarry Mining Permit No. 92-10 Narrative Response to ADI Letter #3, item #2: 2. Please supply a copy of the March 12, 2021 "Wake Stone Triangle Quarry Expansion Acoustical Study' that provides tracked changes from the February 11, 2021 draft version. WSC Response Wake Stone has provided both the draft and final versions of the "Wake Stone Triangle Quarry Expansion Acoustical Study" in paper and PDF form to prevent unauthorized changes to the document. However, to satisfy this request we have provided the March 12, 2021 PDF with all changes highlighted in Adobe and "comments" that can be viewed in Adobe or summarized and printed after each page. These additional comments not only describe the changes, but also indicate the reasons for the edits, including which items are addressed from the Noise Study specific ADI letter dated February 25, 2021. Although incorporated into the final study, and not separately requested by DEMLR, we offer the following responses to those comments: General Comments: A 10d8A increase/decrease seems to be course measure of significant impact. The Division understands that this standard is used by NCDOT and other agencies evaluating noise impacts. However, considering a state park is adjacent to the proposed quarry, the Division believes a more conservative standard should be considered. Please provide further justification for a use of this standard. After DEMLR raised this issue, Wake Stone and WSP had much discussion about defining "significant adverse effect" as it relates to noise impacts. As indicated on page 6 of the report, "humans can barely perceive a change in noise level of+/-1 decibel, can likely perceive a change of +/- 3 decibels, and can easily perceive a change of +/- 5 decibels...". Based on this description, we concede that a 5 dBA increase, as easily perceived, may constitute a negative or adverse impact. However, to rise to the level of "significant," we agreed that the use of + 10 dBA was justified. Although not included in the original draft report, as was stated above, NCDOT and others have used the 10 decibel increase as a criteria for requiring mitigation. Furthermore, it should be noted that although potential quarry noise has been called into question as a potential "significant adverse effect on the purposes of a publicly owned park, forest or recreation area," there is nothing in the North Carolina Division of Parks and Recreation mission or purpose that has any reference to noise or the expectation of the absence of noise. See pages 2-3 of the William B. Umstead State Park General Management Plan (attached). Considering that the noise impacts of RDU Airport, US Interstate 40, and US Highway 70 (which is currently proposed to be widened and expanded) all far exceed the noise impacts associated with the expansion of the quarry, and considering that the area of Umstead Park that is nearest the expansion area is closer to RDU Airport and does not have any established trails, campgrounds, or other facilities, there is nothing to suggest that a more stringent standard should be considered for defining "significant adverse effect." • During our discussion, Wake Stone described several conservative assumptions that were included in the model. Please provide a comprehensive list of these assumptions. This list is highlighted on page 17 of the attached Wake Stone Triangle Quarry Expansion Acoustical Study. Report Specific Comments: • Please include further discussion of the usage factors for equipment noise implemented in the modeling (p. 18). This discussion has been highlighted at the bottom of page 19 of the attached Wake Stone Triangle Quarry Expansion Acoustical Study. • On p. 17, a ground factor of G=0.5 was used for the quarry. Please provide a discussion explaining why this is appropriate. The use of "Less -absorptive ground factors" is one of the conservative assumptions described above. The photo of the processing plant and stockpile area added on page 17 of the Wake Stone Triangle Quarry Expansion Acoustical study was also intended to support the use of a ground factor of G=0.5. • Table 4, p. 20 — Please provide a detailed explanation of how the "existing 1-40 traffic" was modeled. The description of Table 4 on pages 20-21 of the Wake Stone Triangle Quarry Expansion Acoustical Study provides the detail requested. • Blasting noise discussion p. 22 — Please explain how the blasting noise ranges compare similarly between the existing and proposed pits. The maximum blasting noise from the proposed pit seems significantly higher than the existing pit. This is explained on page 23 of the Wake Stone Triangle Quarry Expansion Acoustical Study. Because most of the receptors requested are located closer to the expansion area than to the existing operation, it was anticipated that blasting noise levels would increase at those locations, particularly during the "worst case" earliest stages of pit development. However, just as the current quarry pit has over the years, blasting noise is expected to diminish as the expansion pit gets deeper. • Footnote of Table 6, p. 22 — Please provide an explanation of how blast noise is not used for compliance purposes. Per our discussion, you indicated that the blast noise was included in the hourly averaging of the study. Please describe this. Footnotes on pages 22 and 23 of the Wake Stone Triangle Quarry Expansion Acoustical Study have been revised to clarify that blasting noise is included in the modeled Leq noise levels. The Lmax data shown on Table 6 is a different metric which should not be compared to Leq data. • Please describe why back-up alarms were not included in noise study. Backup alarms were included in the noise study and addressed extensively on page 24 of the Wake Stone Triangle Quarry Expansion Acoustical Study. Backup alarms were not included in the model, which is common practice in modeling industrial activities for two reasons: 1. Predicting the duration and location of backup alarms is challenging and subject to constant change. 2. Although easily identifiable because of their high frequency relative to other noises, the sporadic, short -duration sounds from backup alarms would not be expected to contribute significantly to Leq modeled noise. Wake Stone has also already committed to the use of the more attractive "white noise" backup alarms recommended by WSP USA, Inc. WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Wake Stone Triangle Quarry Expansion Acoustical Study Prepared For: Wake Stone Corporation 222 Star Lane Cary, NC 27513 Prepared By: WSP USA, Inc. 100 Summer Street Boston, MA 02111 Revision Date: 12 March 2021 1/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Table of Contents ExecutiveSummary...............................................................................................................Page 3 ProjectDescription................................................................................................................Page 4 Acoustical Terminology.........................................................................................................Page 6 RegulatorySetting.................................................................................................................Page 8 Existing Noise Measurements.............................................................................................Page 10 Noise Prediction Model........................................................................................................Page 17 NoiseModel Results.............................................................................................................Page 20 BlastingNoise.......................................................................................................................Page 22 BackupAlarms.....................................................................................................................Page 24 Sound Isopleth Contours.....................................................................................................Page 24 Conclusions..........................................................................................................................Page 25 Professional Qualifications..................................................................................................Page 25 2/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Executive Summary A comprehensive environmental acoustical study was performed to evaluate noise potentially generated by the expansion of the Wake Stone Triangle Quarry located at 222 Star Lane in Cary, North Carolina. The quarry has been in operation since 1982. With approaching depletion of reserves in their existing pit (Pit 1), Wake Stone plans to expand to the adjacent RDUAA Odd Fellows Tract for opening of a second pit (Pit 2). Concern has been expressed for the possible noise consequences associated with the new pit expansion with respect to noise levels propagating through the adjacent William B. Umstead State Park (Umstead State Park). In order to receive an expansion permit from the North Carolina Department of Environmental Quality (NCDEQ) Division of Energy Mineral and Land Resources (DEMLR), Wake Stone must demonstrate that noise from their new operations will not have a "significantly adverse effect on the purposes of a publicly owned park, forest or recreation area". To that end, this acoustical study was performed, taking into account the noise mitigation measures that Wake Stone has already publicly committed to install. The study was performed in accordance with the agreed and accepted methods described in Wake Stone Noise Study Protocol dated 9/2/20. Ambient and existing operational noise levels were measured throughout Umstead State Park, existing and future operational noise levels were modeled to compute the changes in noise level expected in the park, and the results were evaluated against commonly accepted definitions of significant noise impact, i.e. future noise levels should not increase by more thanq to 10 decibels above existing noise levels. The results of the acoustical study found that, under worst -case noise producing conditions, noise levels throughout Umstead State Park are expected to remain well below the g to 10- decibel relative increase limit definition. Thus, Wake Stone's expansion and operation of Pit 2 are not expected to cause a significantly adverse noise impact in the park. Some particular activities conducted in the new pit will be audible in portions of the park, just as they are today. However, future noise levels are expected to only increase by 0 to 3 decibels throughout the vast majority of the park. The following report details the methodology, assumptions, noise measurement and modeling results, relevant criteria, findings and conclusions of the acoustical study. 0 3/29 Summary of Comments on Microsoft Word - Wake Stone Triangle Quarry Expansion Acoustical Study (Final 3-18-21).docx Page: 3 LTI Number: 1 Author: catkins Subject: Highlight Date: 4/14/2021 3:54:51 PM — Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:08:03 PM The original draft report used only +10 dB language. We acknowledged that when analyzing standards for noise criteria, +5 dB is sometimes used or even +5 to +10 dB. ITI Number: 3 Author: catkins Subject: Highlight Date: 4/14/2021 3:54:59 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Project Description Wake Stone Triangle Quarry is located at 222 Star Lane in Cary, North Carolina. The quarry has been in operation since 1982. With the approaching depletion of reserves in their existing pit (Pit 1), Wake Stone plans to develop a second pit (Pit 2) on the adjoining RDUAA Odd Fellows Tract, as shown in Figure 1. Concern has been expressed for the possible noise consequences associated with expansion of the new pit with respect to noise levels propagating through the adjacent Umstead State Park. Once Pit 2 is approved for operation, the plan would include winding down and ceasing extraction operations in Pit 1 but to still make use of the surface equipment in its current location to process aggregate reserves excavated from Pit 2. Aggregate reserves in Pit 2 will be loosened using controlled blasting and then loaded in trucks for transport to the existing primary and secondary production plants. Thus in total, the only thing that's changing from a noise perspective is where the mobile noise sources will be located. Typical heavy earth moving equipment currently used in Pit 1 and the existing plant and stockpile yard areas include bulldozers, backhoes, excavators, front end loaders, rock drills, rock crushers, feeders, vibrating screens, conveyors, haul trucks, graders, water trucks, pumps and man -lifts. Similar equipment will be used in Pit 2 also, with the exception of stationary equipment. Blasting is anticipated to be performed a couple times a week to loosen new material for excavation. Work hours are generally from 7 AM to 5 PM. Figure 1. Wake Stone Triangle Quarry Existing and Proposed Excavation Pits Conceptual Mine Pion for Triangle Quarry Expansion Bike CeMer ,So Aa .r- 0mxlead 510- Yo,k Pit 2 •�u �' �� ,� T you '�. r 4/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US The Umstead State Park is a forest recreational area located immediately adjacent to the north and east of the Wake Stone Triangle Quarry. The area is a mature forest with approximately an even split between deciduous and conifer trees. Visitors have used the park since 1937 for hiking, bicycling, picnicking and seasonal camping. Various trails run through the park, with the majority of fixed sites (picnicking and camping) located relatively close to Wake Stone's existing facilities and operations in Pit 1. To that end, moving extraction operations to Pit 2 should be a noise benefit (i.e. reduction) for these picnic and camping sites. There is also one residence located along Old Reedy Creek Road immediately to the west of the new Pit 2 site at which noise levels would likely increase due to Pit 2 being located closer to the residence than exists today for Pit 1. Righway I-40 runs along the southern boundary of the quarry and the park causing traffic noise to be audible in both properties. Lastly, it should be noted that the park is bordered on the northwest by Raleigh Durham International Airport. Use of Runway 32-14 routes aircraft directly over Umstead State Park. 0❑ 5/29 Page: 5 „ Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:15:52 PM This sentence was added as background information important to understanding that an increase in "Quarry -Only" noise does not necessarily mean that the current or future noise attributable to quarry activities is/will be the predominant noise at any location in or around the park. Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 4:10:39 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Acoustical Terminology As with any field of science, it is critical to understand and make proper use of technical terms and definitions that are used in the acoustical industry. Noise can be quantified in many different manners depending on its temporal/time, tonal/frequency, or magnitude/loudness properties. Noise magnitude is expressed in units of decibels (dB) which is a logarithmic quantity comparing fluctuating air pressure to that of a standardized reference static air pressure of 20 micro -pascals (i.e. dB re: 20 µPa). For this reason the noise levels that humans hear are called sound pressure levels. Noise is expressed as a logarithmic quantity because humans are sensitive to relative changes in noise levels. To illustrate, humans can barely perceive a change in noise level of +/- 1 decibel, can likely perceive a change of +/- 3 decibels, can easily perceive a change of +/- 5 decibels, and will generally describe a change of +/- 10 decibels as a doubling or halving in level. With respect to tonal qualities (frequency), a frequency weighting adjustment has been standardized to account for the human auditory response over the audible frequency range of approximately 20 Hz to 20,000 Hz. Humans are less capable of hearing low frequency sounds, exhibit a maximum sensitivity to tones in mid -frequency ranges, and are slightly less sensitive to high frequency sound as well. This frequency weighted adjustment is referred to as "A - weighting", with results expressed as A -weighted decibels, or dBA. Examples of A -weighted decibel levels for common outdoor and indoor noise sources are provided in Figure 2. Another common practice is to separate a sample of noise into its spectral components by using frequency filters of known shape and bandwidth. This approach provides insights into the source and transmission characteristics of the noise and allows for identification of frequency ranges that contain the most acoustical energy. Octave band and third -octave band filters are typically used for this purpose because their bandwidths are a constant percentage of their center frequencies, and are better for mimicking how humans perceive discrete frequencies by providing finer resolution at lower frequencies. Numerous metrics and indices have been developed to quantify the temporal characteristics (changes over time) of community noise that include the following: The Equivalent Sound Level, or Leq, is the energy -averaged single noise level that represents the same acoustic energy that was contained in the fluctuating noise level over a defined period of time. The Leq is useful for describing the "average" sound level over a defined period of time, and is expressed in dBA. The Maximum and Minimum Sound Levels, or Lmax and Lmin, are the loudest and quietest instant sound levels occurring during a period of time. The Lmax is particularly useful for evaluating loud, impulsive noise events. Lmax and Lmin levels are expressed in dBA, however the root -mean -square (RMS) time constant of the sound level meter's detector has a significant effect on the measured levels. By International agreement, a sound level meter with an RMS response set to 'slow' (Lmaxs) has a rise time constant of 1 second, where a setting of 'fast' (Lmaxf) is about 8x faster with a rise time constant of only 0.125 seconds. The Day Night Sound Level, or Ldn, is a 24-hour community noise metric in which a 10 decibel adjustment has been added to the measured hourly Leq levels from 10 PM to 7 AM to account for people's greater sensitivity to noise intrusion at night. The Ldn metric is used in many federal noise guidelines to assess the long-term effects of transportation sources. The Sound Percentile Level, or Ln, expressed in dBA is a statistical representation of changing noise levels indicating that the fluctuating noise level was equal to, or greater than, the stated level for "n" percent of the time. For example, the L1, L10, L50, and L90 represent the noise 6/29 WSP USA, Inc. " 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US levels exceeded 1%, 10%, 50%, and 90% of the time. The L10 is often used to identify impacts of transportation or construction noise sources, while the L90 is considered to represent steady background noise. Figure 2. Common A -Weighted Decibel (dBA) Sound Levels Noise Scale: Common Sound Levels Common Outdoor Noise Level Common Indoor Sound Levels dB (A) Sound Levels T�7t�_�� nu no RotkBana - - - �Alm Inside Subway 100 100 Traei 8-747.2007akeaff at 2 inks (New York} Gas lawn Mower at 3 fee ISeselTmd g0 90 Food9lender at 150 feet at 3 feet DC4311Takeoff L.eudvake ` at 2 inks so � Garbage Disposal Major Mehopd'a Daytime at 3 feet 8-7577akeoff at 2 mies HighwayTraffic at 50 feet 70 70 Vacuum Clearser at 10 feet Commercial Normal Speech Area 60 60 Suburban Daytime RuietUrban Daythne 5B so LargeBuSiness0ifice dishwasher Next Boom RuralDaytine Rdriyemtur QuietUrban SmallThater Nighttime 40 40 Large Conference Roos Quiet Suburban (Background) Nighttime Library 30 30 Bedroom at Night Quiet Rural Nighttime ConcertNall (Background) hd 20 20 Broadcast & Recording Studio 10 10 it Thresholdof Hearing The Sound Power Level (PWL) of a noise source is the strength or intensity of noise that the source produces/emits regardless of the environment in which it is placed. Sound power is a property of the source, and therefore is independent of distance. The radiating sound power then produces a Sound Pressure Level (SPL) at any given point of interest which human beings perceive as audible sound. The sound pressure level is dependent on its environment (absorption, reflections, etc.) and its distance from the noise source. And even though both sound power and sound pressure are expressed in decibels (dB), they are not the same thing and should not be confused. Decibel levels of sound power are referenced to a power level of 1 pW, while decibel levels of sound pressure have a pressure reference level of 20 µPa. 7/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Regulatory Setting According to the North Carolina Mining Act of 1971 administered by the North Carolina Department of Environmental Quality (NCDEQ) Division of Energy Mineral and Land Resources (DEMLR), Wake Stone must obtain a modification of their current Mining Permit in order to expand their operations. Wake Stone must demonstrate that noise from their new operations in Pit 2 will not have a "significantly adverse effect on the purposes of a publicly owned park, forest or recreation area". However, the Mining Act does not quantitatively define what is meant by "significantly adverse effect". Thus, a task in this study involves research into the noise guidelines promulgated by other federal and state agencies with respect to noise impact for an outdoor park land -use. Table 1 summarizes some of these other noise guidelines. The natural soundscape is comprised of physical and biological sounds. Physical sound is created by wind, rivers, rock falls, etc., whereas biological sound is created by animals, birds and insects. Different habitats have specific soundscape characteristics depending on the climate, landscape and animal population. Evaluation of the level of impact on natural soundscape generated by human activity is dependent on the specific habitat in question. The State of North Carolina does not regulate noise, so the responsibility is on the local governments. Noise ordinances of the counties where Wake Stone operations occur do not specifically mention noise criteria for parklands. In order to determine the noise criteria applicable for parklands, guidance documents published by various agencies were reviewed and the quantitative recommendations are summarized below. Table 1. Various Noise Criteria for Parklands and Wilderness Areas Guidance Source Recommended Noise Criteria US National Parks Services (NPS) 45 dBA L10 and 38 dBA L50 US Federal Highway Administration (FHWA) 57 to 67 dBA Leq(1hr) US Federal Railroad/Transit Administrations (FRA/FTA) +5 to +10 dBA Leq(h) above Ambient US Federal Aviation Administration (FAA) 70 to 75 dBA Ldn US Environmental Protection Agency (EPA) 70 dBA Leq(24hr) or 55 dBA Ldn Federal Energy Regulatory Commission (FERC) 55 dBA Ldn and 49 dBA Leq Federal Interagency Committee on Noise (FICON) +5 dBA if Ambient is <60 dBA, +3 dBA if 60-65dBA, +2 dBA if Ambient is >65 dBA World Health Organization (WHO) 50 to 55 dBA Leq Worth Carolina Department of Transportation (NCDOT) 67 dBA Leq(h) or an increase of +10 dBA 3 assachusetts Environmental Protection (MassDEP) Increase of +10 dBA above L90 Ambient Washington State 55 dBA 07:OOAM to 10:OOPM 45 dBA 10:OOPM to 07:OOAM Minnesota State 65 dBA L10, 60 dBA L50, 07:OOAM to 10:OOPM 55 dBA L10, 50 dBA L50, 10:OOPM to 07:OOAM 0 8/29 Number: 1 Author: catkins Subject: Highlight Date:4/14/2021 4:17:55 PM —,Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:22:43 PM These 2 additional guidance sources were added in defense of maintaining the use of +10dBA as "significantly adverse effect." We believe the criteria established by NCDOT is particularly relevant because it defines +10 dBA as "substantial." Number: 3 Author: catkins Subject: Highlight Date: 4/14/2021 4:17:58 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US The US National Parks Service (NPS) recommended noise criteria is mostly intended for non - metropolitan area national and state parks. Umstead State Park is located within an expanding metropolitan area. As such, stringent NPS recommended criteria of 45 dBA L10 and 38 dBA L50 is too conservative. The Federal Energy Regulatory Commission (FERC) guidance document "Guidance Manual for Environmental Report Preparation, February2017" is intended for natural gas projects and pipelines. Section 4.9.2 of the FERC guidance document recommends a continuous noise level of 49 dBA Leq as criteria for Noise Sensitive Areas (NSA) which include parklands, campgrounds, and wilderness areas. This criteria can be adopted for quarry operations in proximity to parklands, however absolute noise level limits do not apply well in this situation given the fact that the Wake Stone Triangle Quarry has been in operation since 1982, and the location is in a metropolitan area surrounded by busy state and interstate highways. The focus should be placed on how much more noise might Wake Stone be producing in the future when Pit 2 is opened for operation. As shown in the previous section, humans can barely perceive a change in noise level of +/- 1 decibel, can likely perceive a change of +/- 3 decibels, can4pically perceive a change of +/- 5 decibels, and will generally describe a change of +/-10 decibels as a doubling or halving in level. From this commonly accepted subjective response description, acousticians and regulatory agencies have generally agreed that a 9-decibel increase would represent the onset threshold of audible changes, and a 10-decibel increase would be a significant noise impact. 0 Moreover, the State of North Carolina Department of Transportation (NCDOT) has defined the term substantial noise increase in their Traffic Noise Policy dated 10/6/16. In it, a receptor is considered impacted by noise if the predicted future hourly Leq equivalent noise level exceeds the existing ambient Leq noise level by 10 decibels or more. Consequently,4here a 5-decibel increase might be perceptible, it requires a greater increase in noise level to constitute a significant increase. Thus, this acoustical study has defined a "significantly adverse effect" as meaning a 10 decibel or more increase in future noise levels when compared to existing noise levels. 9/29 EM Number: 1 Author: catkins Subject: Highlight Date: 4/14/2021 4:25:34 PM FTI Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 4:25:23 PM Number: 3 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:32:58 PM Again, in defense of using +10 dBA as "significant," we acknowledge that +5dBA would likely be noticeable, and somewhere between +5 and +10 would likely be considered a negative effect. However, to achieve the level of "significant adverse effect," use of a 10 dBA increase isjustified. Number: 4 Author: catkins Subject: Highlight Date: 4/14/2021 4:26:24 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Existing Noise Measurements Existing ambient noise measurements were performed in and around Umstead State Park from 11/16/20 to 11/23/20 and again from 12/7/20 to 12/14/20. Long-term noise measurements lasting a week were performed at the six monitoring locations (LT-#) shown in Figure 3. The purpose of the long-term noise measurements were two fold, (1) to document actual existing noise conditions at selected locations throughout the park, and (2) to serve as a measured noise level against which modeled existing noise levels could be compared to ensure the model was performing as expected. Larson Davis Model 720 (LD-720) environmental noise monitors were used to measure the long-term noise data. The monitors were checked for proper calibration before and after use using a Bruel & Kjaer Model 4231 acoustical calibrator. As such, the noise monitoring system met or exceeded the accuracy requirements found in ANSI Standard S1.4 for Type 2 quality. The monitors were deployed in trees at the respective sites and the microphones were covered with windscreens. Noise data was digitally stored in hourly intervals with noise metrics including Leq, Lmax, Lmin, L1, L10, LSO and L90 sound levels. All sound levels were expressed in A -weighted decibels (dBA) using an RMS `slow' response. Figure 3. Long -Term Ambient Noise Monitoring Sites 10/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US The averaged results of the long-term noise monitoring data are summarized in Table 2 for the hours of 7:00 AM to 5:00 PM during which time Wake Stone is typically operating. Three scenarios are provided, (1) time periods when the quarry was in full production mode, (2) periods when the quarry was on a reduced work schedule performing mostly maintenance activities, and (3) Sunday periods when no work was being performed. The results in the table indicate that noise produced by existing operations in Pit 1 may be audible throughout the park but only to a minor degree when compared to the relatively low noise produced during maintenance periods. Interpreting results relative to no work periods is difficult because all transportation and community noise sources are less noisy on Sundays. Table 2. Measured Leq Noise Levels During Work Hours Site No. Location in Umstead State Park Measured Leq (7AM - 5PM) dBA Difference vs. Production dB Production Main- tenance Sunday No Work Main- tenance Sunday No Work LT-1 Picnic Grounds 53 51 48 -2 -5 LT-2 Company Mill Trail 50 49 46 -1 -5 LT-3 Residence Property Line 55 57 53 1 -3 LT-4 Mid Gate 52 48 45 -3 -6 LT-5 Trenton Road Gate 51 49 46 -2 -5 LT-6 Sendero Gate 47 43 43 -4 -4 Note: Sound levels rounded to the nearest full decibel. The results of the six long-term noise monitors are shown in Figures 4 thru 9. The data collected over the week was reduced by averaging the results of each corresponding hour during the week. Thus the results yield typical hourly noise levels that can be expected at each monitoring location. The blue dot is the computed Ldn level and the average Lmax, Leq, and L10 and L90 percentile levels are shown for each hour. The Lmax level could have been caused by any loud event such as a nearby bird chirp, crow call, aircraft, or noise produced by Wake Stone's operations. The Leq, L10 and L90 results are more indicative of constant noise levels throughout the park. The effects of morning and evening commuter traffic (i.e. rush hour) is evident centered around 7:00 AM and 5:00 PM, respectively. More notably, the L10 levels at all sites are already well above the National Park Service's recommended noise guideline of 45 dBA L10 at all times of day and night regardless of Wake Stone's operations. 11/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Figure 4. Long -Term Ambient Noise Levels for Site LT-1 Typical 24-hour Ambient Noise Levels Umstead Park, Site 1 11/16/20 - 11/23/20 90 85 80 75 O N 70 41 65 a ql 60 w ;o 55 Z 9 50 N 45 40 -- --- --- ---- -- ------ - - --- --- --- 35 30 8 8 8 8 8 8 8 8 8 8 o .y H ni a vi �e n ie oc a o Time of Day (Start of Hour) -Lmax -Leq -LSO -190 Figure 5. Long -Term Ambient Noise Levels for Site LT-2 Typical 24-hour Ambient Noise Levels Umstead Park, Site 2 11/16/20 - 11/23/20 90 85 80 - - - -- - -- - -- -- -- - a75 _...---------. _._. -_._..------------------------------- N 7065 - - - Q W y 60 -_--------. - _.---__----- - - - - - - - ------ -_ _ - J W 55-- Z 50 m W 45 40 35 -. _---------. --. ---.--�Y---��---��--.---.---.---..-- 30 Time of Day (Start of Hour) -Lmax �Leq �L30 _L90 12/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Figure 6. Long -Term Ambient Noise Levels for Site LT-3 Typical 24-hour Ambient Noise Levels Umstead Park, Site 3 12/7/20 - 12/14/20 90 85 80 a 75 O N 70 N a M 65 W y 60 000lW 0 55 Z 9 50 N 45 40 35 30 Time of Day (Start of Hour) -Lmax -Leq -LSO -190 III III I�� J Figure 7. Long -Term Ambient Noise Levels for Site LT-4 Typical 24-hour Ambient Noise Levels Umstead Park, Site 4 12/7/20 - 12/14/20 90 85Lflt --80 - -- - - - - - - - - -- - - - - - - - - - -. - - - - a 75 O N Q v 65 60 .. 00.0 J W 'F) 55 _. _.--- - - -- Z Oo Qj 50 m 4' 45 40 35 30 8 8 8 8 8 8 8 8 8 0 8 8 0 � n m m a r Time of Day (Start of Hour) 2 �Lmax �Leq �L30 _L90 13/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Figure 8. Long -Term Ambient Noise Levels for Site LT-5 Typical 24-hour Ambient Noise Levels Umstead Park, Site 5 11/16/20 - 11/23/20 90 85 80 - _ - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - ---- - a75 _ ---. - -- - - -- ----. - ----. --.- ---- --. -- O N 70 N a � 65 v y 60 J lily. o 55 Z 9 N 50 _ 45 40 - - _ - - - _ - - _-- 35 30 8 8 8 8 8 8 8 8 8 8 � G -1 fV M V YI �G n CC Gi GG Ci O Time of Day (Startof Hour) -Lmax -Leq -LSO -190 Figure 9. Long -Term Ambient Noise Levels for Site LT-6 Typical 24-hour Ambient Noise Levels Umstead Park, Site 6 11/16/20 - 11/23/20 90 85 80 -_ ----- --- --- -- --- - ----------- -- a 75 60 O N 01 Q W J W 55 _. _.--- - ----. - -. -- -- - ---. Z 2 50 m � � 45 40 - - 35 30 Time of Day (Start of Hour) �Lmax �Leq �L30 _L90 14/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US In addition to long-term monitoring, short-term noise measurements, lasting 15 minutes, were also manually performed at four selected sites in Umstead State Park during the weeks of 11/16/20 to 11/23/20 and 12/7/20 to 12/14/20. A Svantek Model 971 (SV-971) sound level meter was used for these measurements, which meets the requirements for ANSI Standard S1.4 for Type 1 accuracy. The purpose of the short-term noise measurements was to positively identify and correlate audible noise sources with the sound levels being measured. This was particularly important to perform during the production blasts occurring during the monitoring periods. Short-term noise data was collected during full quarry operation with blasting in the morning and the afternoon, full quarry operation with no blasting in the morning, reduced quarry operation maintenance day in the afternoon, and in the morning with the plant closed. A summary of the short-term noise data results are shown in Table 3. While in Umstead State Park, noticeable noise sources included traffic noise from local roads, overhead aircraft and helicopter noise from RDU airport, and typical nature noise, such as running water, rustling leaves, birds, and insects. At monitoring locations closest to the quarry, noise levels between the quarry and I-40 were nearly indistinguishable, except for the backup alarms from equipment operating in the quarry. During blasting, warning sirens employed prior to the blast could be heard from inside Umstead State Park. The blast, which only occurs for a fraction of a second, was noticeable by ear and could be felt as well as being heard. A final siren followed the blast for about one minute. Table 3. Short -Term Noise Measurements Results Site No. Site Location Measured Short -Term Noise Level L10 dBA Leq dBA L90 dBA ST-7 Foxcraft Lake 47 45 42 ST-8 Entrance Gate Trail 46 44 41 ST-9 I-40 & Old Reedy Creek Road 71 70 68 ST-10 Campgrounds 43 42 38 Note: Sound levels rounded to the nearest full decibel. The measurement data was later reviewed to identify and isolate the blast event that occurred during short-term measurements at sites ST-7 and ST-8 on 11/18/20 at 13:40. The sound level data was stored in 1-second intervals and an audio wavefile was recorded throughout the measurement. The recorded wavefiles were listened to while simultaneously viewing the measured noise data in order to audibly identify the 1-second interval where the maximum sound level from the blast occurred. The noise level during the blast was 59 dBA at Site ST-7 and 47 dBA at Site ST-8. The measured blast sound level was later also used to estimate the sound power emission of the blast for use in the noise model. 15/29 WSP USA, Inc. " 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Further analysis was conducted by comparing the noise produced by the blast event to that of other common environmental sound sources of comparable loudness captured during the 15-minute short-term noise measurements. In this case, as shown in Figure 10, two aircraft overpasses were identified as being within 5 decibels of the blast noise level. The vertical axes of the charts are the same scale for ease in visual comparison. Figure 10. Comparison of Blast Noise Level to Other Noise Sources Blast Event: 59 dBA Leq(1s) at Site M-7 on 11/18/20 de dB 60 ......... _: ____. ......... _. _. ......... ......... ........__ .. ......................................... 60 55 . 1 1.......... ............................................ .. ...........'.. .......... ____. ___. __ I__.... ......... 55 m . ....50 h 0 45 ........ ........ ......... ............ ....... 45 ¢ 40 :.........._. __............. ...;:.... ....... ;: ......... ........ '.... ........ : ........ ........ ........ ........ ......... . ......... 40 01:38:30 PM 01:3B:45 PM 01:39:00 PM 01:39:15 PM 01:39:30 PM 01:39:45 PM 01:40:00 PM 01:40:15 PM 01:40:30 PM 01:40:45 PM 01:41:00 PM Time Aircraft Overpass: 54 dBA Leq(1s) at Site M-7 on 11/23/20 d6 I I dB 60 _...._..._ _ _ _ 55 _.. —..—.. —.._ —.._ —.._ —..—. —.. _ —.._ —.._ _..—. .III... 55 L...... _....._...._ _....._...� _....._.... �. _....._ F ._... L...._.... �...... 50 0 0 45 40 I ____ T I � � - T - I I I I I I.. I - 09:01:15 AM 09:01:30 AM 09:01:45 AM 09:02:00 AM 09:02:15 AM 09:02:30 AM 09:02:45 AM 09:03:00 AM 09:03:15 AM 09:03:30 AM 09:03:45 AM Tilme Aircraft Overpass: 55 dBA Leq(1s) at Site M8 on 11/23/20 dl; dB I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3 I I § N i g ¢o I I I I I 0 I I I I I I I I I I I I I I I I I I 09:28:30 AM 09:28:45 AM 09:29:00 AM 09:29: 15 AM 09:29:30 AM 09:29:45 AM 09:30:00 AM 09:30:15 AM 09:30:30 AM 09:30:45 AM 09:31:00 AM Time 16/29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Noise Prediction Model Noise levels associated with operation of the existing quarry (Pit 1) and future quarry (Pit 2) were predicted using the Cadna-A® noise model, developed by DataKustik, GmbH. The Cadna-A model implements ISO Standard 9613 for environmental noise sources and outdoor sound propagation. It is a comprehensive, three-dimensional, ray -tracing model in which noise sources are assembled from point, line and/or area components each emitting sound power levels (PWL) in octave bands or broadband A -weighted format. Distance losses, elevation differences, ground attenuation, wind effects, building shielding, attenuation through walls, and barrier/berm effects are computed in the Cadna-A model, and the resulting sound pressure levels (SPL) are predicted at any number of receptors of interest. As is standard practice, all receptors were modeled at a height of 5 feet above the ground. As shown in Figure 11, the Cadna-A base model for the project was developed by importing geo-referenced aerial imagery along with topographic contour data in 2-foot intervals. The topographic contour data was provided by Wake Stone for the quarry areas and current North Carolina One -Map Lidar data was used for the surrounding regions of the study area. Conservative worst -case noise assumptions were used in populating the model. For example, all noise -producing equipment was assumed to be operating simultaneously. A ground factor of G=1.0 for soft ground was set as the default for the model. Specific areas with different ground types were then defined, including the quarry site with G=0.5 for mixed hard and soft ground, and water and paved areas with G=0.0 for hard ground. To represent worst -case noise conditions during winter when leaves would be off trees, areas with foliage were not included in the Cadna-A model. And it should be noted that per ISO 9613, a "favorable wind condition" was assumed in the model in which a mild wind blows towards 1 each receptor regardless of where the noise sources are located. z brief summary of the conservative assumptions incorporated into the noise model include: • All equipment on site, including mobile and stationary equipment, were assumed to be operating simultaneously based on their usage factors averaged over a full week. • Less -absorptive ground factors were assumed for areas not covered with foliage such as for the quarry site with loose dirt piles and water surfaces, as shown in the picture to right. • Blasting, which will only occur a couple times a week, was assumed to be occurring during the typical hour (i.e. worst -case) averages reported herein. • No attenuation was assumed for foliage. • Favorable wind conditions blowing from the noise source towards each receptor was assumed. 17/29 Page: 17 =Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 6:11:32 PM As requested in the General Comments of the Noise Study ADI letter, this list of conservative assumptions used in the noise model was added. Also added is a photograph of the plant and stockpile area to support the use of less absorptive ground factors. Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 4:39:55 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Figure 11. Perspective View of Cadna-A Noise Model (Looking Northeast) The Cadna-A base model was then configured to estimate noise levels generated by the quarry operations for the following conditions: • Existing Production - includes the current production activities in Pit 1, hauling of rock to the primary crusher, and typical crushing, plant and yard operations. • Future Overburden Clearing - includes clearing of overburden at the expansion Pit 2 and hauling of overburden across the proposed Crabtree Creek Bridge to the overburden storage area on the west side of Pit 1. This condition also includes the same typical crushing, plant and yard operations as the Existing Production condition. • Future Production - includes production at the expansion Pit 2 and hauling of rock across the proposed Crabtree Creek Bridge around the north side of the existing Pit 1 to the primary crusher. This condition also includes the same typical crushing, plant and yard operations as the Existing Production condition. The Future Production condition was further divided into four scenarios (28011ot, 2669ot, 210-Frbot and 1601%ot) based on the elevation of projected working benches in the expansion Pit 2. These scenarios were modeled individually to represent how the production work will decrease in elevation over time as the new pit is excavated. It should be noted that worst -case noise producing condition occurs when equipment is operating at grade, i.e. Future Production at 280 feet. ❑0 18/29 Page: 18 Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:45:31 PM Just replaced abbreviated "ft" with "foot." Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 4:44:00 PM Number: 3 Author: catkins Subject: Highlight Date: 4/14/2021 4:44:03 PM jr] Number: 4 Author: catkins Subject: Highlight Date: 4/14/2021 4:44:08 PM TI Number: 5 Author: catkins Subject: Highlight Date: 4/14/2021 4:44:10 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US For each of these conditions, noise levels generated by the quarry were estimated for a typical hour of operations with all equipment operating. Noise model inputs included: The locations of existing and future production areas where mobile equipment would be operating, haul truck routes, customer truck routes, and locations of 51 crushers conveyors, plant and yard equipment. Sound power levels of mobile equipment were primarily derived from noise emission measurements taken during Wake Stone quarry operations. For stationary processing plant equipment (crushers, screens, and conveyors), sound power levels were estimated based on a review of technical literature for similar equipment. For mobile heavy equipment sound power emission levels were taken from the FHWA's Roadway Construction Noise Model (RCNM). 0 • The estimated number of hours per week, obtained from Wake Stone, that each piece of mobile and stationary equipment is used during a typical 50-hour work week was used 0 to calculate a usage factoA representing the percentage of time each piece of equipment 0 is operating during a typical hour of production. The equipment -specific usage factors were then applied as an adjustment to the equipment sound power levels within the Cadna-A model. • For the future overburden clearing and production scenarios, proposed terrain contour lines in 2-foot intervals for the expansion Pit 2, widening of haul roads, and the new bridge over Crabtree Creek were also included. For the future overburden clearing and production scenarios, two noise mitigation measures that Wake Stone has already committed to were included in the noise model: 1. An approximately 15-Rot tall earthen berm on the north and west sides of the expansion Pit 2. 2. An approximately 14%ot tall noise wall to the north of the haul road along the north side of the existing Pit 1. � s is standard practice, noise emitted by backup alarms was not included in the noise model. This is due to several reasons, (1) it can be difficult to anticipate where and when a vehicle will need to backup, (2) the alarms are a required safety device, and (3) the alarms are not that loud with respect to receptors located more than a few hundred feet away. For example, a typical loud pure -tone backup alarm might emit a sound level of 105 dBA Lmax at 4 feet behind the vehicle. This would reduce to only 77 dBA Lmax at 100 feet, and would be down to 63 dBA Lmax at 500 feet. When averaged over an hour, the results would be negligible. 11 0 Note (*) - The acoustical usage factor is the standard way that construction equipment noise is computed when averaging it over some time period. It takes into account the fraction of time the equipment is operating at full power (i.e. loudest) during a typical work shift, in this E1 o case averaged over a 50 hour work week. The acoustical usage factor affects the resulting Leq sound levels, but the generated Lmax sound levels remain unchanged. 19/29 Page: 19 _(Number: 1 Author: catkins Subject: Highlight Date: 4/14/2021 4:46:09 PM ,Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:47:07 PM Replaced "the primary and stationary" crushers with "all" crushers for clarification. Number: 3 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:49:15 PM see Note (*) below Al Number: 4 Author: catkins Subject: Highlight Date: 4/14/2021 4:48:04 PM Number: 5 Author: catkins Subject: Highlight Date: 4/14/2021 4:48:17 PM —,Number: 6 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:49:51 PM changed abbreviated "ft" to "foot" FTI Number: 7 Author: catkins Subject: Highlight Date: 4/14/2021 4:48:19 PM JNumber: 8 Author: catkins Subject: Highlight Date: 4/14/20214:50:29 PM ;Number: 9 Author: catkins Subject: Sticky Note Date: 4/14/2021 4:54:04 PM Per Report Specific Comments on the Noise Study ADI, this discussion of "why back-up alarms were not included" was added. It is important to note that back-up alarms were addressed in the noise study, theyjust were not included in the modeling portion of the study. Number: 10 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:00:08 PM Per the Report Specific Comment regarding usage factors, this note was added for clarification. It is also important to note that the usage factors were applied to both the current conditions and the future conditions. There was no attempt to minimize potential increases in noise. It is simply a means of refining the model to be more accurate. WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Noise Model Results Once the Cadna-A model was fully populated, it was allowed to run to compute resulting sound levels for the various quarry operating conditions at eight discrete receptor locations (R-#) in Umstead State Park as shown in Figure 3. Six of the receptors were selected to correspond with the long-term noise monitoring sites, and another two receptors were added in response to requests from DEMLR. The results are summarized in Table 4 and are expressed as typical hourly equivalent sound levels (Leq(1hr)) in A -weighted decibels (dBA). Again, the results shown in the table represent realistic worst -case conditions that assume all quarry equipment is running simultaneously. As can be seen in Table 4, sound levels from future Pit 2 operations are expected to range from 31 to 55 dBA Leq(1hr) across all eight discrete receptor locations in Umstead State Park. Naturally, the louder sound levels will occur closer to the quarry work, and the quieter sound levels will occur farther away. This range of anticipated sound levels compares very closely with the sound levels produced by existing quarry operations in Pit 1 which range from 31 to 52 dBA Leq(1hr). The results in Table 4 for receptors R-2 and R-3 are of particular significance from the point of view of ensuring that the Cadna-A noise model is calculating correct noise levels. Receptors R-2 and R-3 are the closest to Wake Stone's existing work in Pit 1. As such, it would be reasonable to expect that the measured and modeled noise levels at these two receptors should match relatively closely. As can be seen, the model is nearly perfectly calibrated with the measured noise results for existing noise during production hours. Thus, the model can be relied upon to predict accurate future noise levels as well. Table 4. Predicted Existing and Future Sound Levels for Quarry Operations Receptor Measured Predicted Average Hourly Noise Level, dBA Leq(1hr) Existing Production dBA Leq Existing Quarry Overburden Stripping Production 280 ft Production 266 ft Production 210 ft Production 160 ft Existing I-40 Traffic R-1: Residence Property Line LT-3: 55 46 49 49 48 47 46 58 R-2: Company Mill Trail LT-2: 50 50 51 52 52 52 52 38 R-3: Picnic Area LT-1: 53 52 52 52 52 52 52 50 R-4: Residences LT-5: 51 35 35 35 35 35 35 47 R-5: Reedy Creek Park Trail LT-4: 52 37 38 39 39 38 38 39 R-6: North Turkey Creek Trail LT-6:47 31 31 31 31 31 31 29 R-7: Foxcroft Lake N/A 50 55 53 53 52 52 45 R-8: Crabtree Creek N/A 48 49 50 50 50 50 38 Note: Sound levels rounded to the nearest full decibel. Table 4 also shows the predicted sound level attributable solely to traffic on I-40. These results are shown only for comparative purposes and have no bearing on the current noise analysis. The traffic noise levels were not measured; they were computed using the Cadna- A model by imputing traffic volumes, fleet mixes (i.e. trucks and cars) and Upeeds counted during the 15-minute short-term noise field measurements (expanded to a full hour). The 20 / 29 Page: 20 Number: 1 Author: catkins Subject: Highlight Date:4/14/2021 5:01:15 PM FTI Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 5:02:09 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US giodel can then compute just traffic noise (no other sources) in the surrounding vicinity in accordance with FHWA/NCDOT guidelines. It should be noted that the results shown herein are based on just one traffic count observance during a time frame when traffic volumes still might be lower than is typically the case due to COVID restrictions. Of more importance for the intent and goal of this study, the results in Table 5 show the noise delta increase (+) or decrease (-) for future Pit 2 operations relative to existing sound levels produced by Pit 1 operations. As can be seen, once the overburden has been cleared, none of the receptors are expected to be exposed to a noise increase greater than 3 decibels during all phases of production for Pit 2. In fact, the majority of receptors will not experience an increase of more than 1 decibel. For perspective, such minor noise level increases are typically considered to be trivial and insignificant from an acoustical engineering perspective. During the overburden stripping phase, future sound levels will be no louder than what is expected during the various production phases except at receptor R-7 Foxcraft Lake which might experience a temporary 4 decibel increase. Consequently, it can be concluded that noise levels associated with Wake Stone's future operations involving Pit 2 are expected to remain well below the selected 10-decibel increase criterion, and thus will not pose a "significantly adverse [noise] effect on the purposes of a publicly owned park, forest or recreation area din Umstead State Park]". Table 5. Expected Differences in Sound Levels for Quarry Operations Receptor Predicted Future re: Existing Noise Level Delta, dB Overburden Stripping Production 280 ft Production 266 ft Production 210 ft Production 160 ft Production 280 ft vs 1-40 Traffic R-1: Residence Property Line 3 3 2 1 1 -10 R-2: Company Mill Trail 0 2 2 2 2 14 R-3: Picnic Area 0 0 0 0 0 2 R-4: Residences 0 1 1 0 0 -12 R-5: Reedy Creek Park Trail 1 1 1 1 1 -1 R-6: North Turkey Creek Trail 0 1 1 1 1 2 R-7: Foxcroft Lake 4 3 3 2 2 8 R-8: Crabtree Creek 1 2 2 2 2 12 Note: Sound levels rounded to the nearest full decibel. 0❑ 21/29 Page: 21 Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:05:24 PM Per Report Specific Comment from ADI letter, this text was added to explain "how the existing 1-40 traffic was modeled." FTI Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 5:02:17 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Blasting Noise Concern over blasting noise affecting Umstead State Park has garnered significant attention during this process. To be clear, controlled blasting occurs now in existing Pit 1. Future blasting in expansion Pit 2 would be very similar in terms of noise event magnitude qi.e. similar charge weights) and occurrence (i.e. only a couple times per week). Warning sirens will continue to be used as they are today. To evaluate the significance of blasting noise, the same Cadna-A model was used to predict sound levels in Umstead State Park attributable solely to a typical blast event. Sound power data to model the blast was back -calculated from the short-term noise measurements performed in the park during monitoring period blasts, as shown in Figure 10. The results, as summarized in Table 6, were then computed for the maximum sound level (Lmax) expected during a blast event expressed in A -weighted decibels (dBA) using an RMS `slow' time response. The `slow' time response was selected to be consistent and allow comparison with many of the other park noise criteria presented in Table 1. ❑0 As can be seen in Table 6, sound levels from blasting in future Pit 2 are expected to range from 44 to 73 dBA Lmax across all eight discrete receptor locations in Umstead State Park. Naturally, the louder sound levels will occur closer to the quarry work, and the quieter sound 3 levels will occur farther away. 4or comparison, this range of anticipated sound levels produced by existing blasting operations in Pit 1 range from 38 to 57 dBA Lmax. It is important to note that sound levels on these orders of magnitude do not represent a concern for inducing hearing damage�r anyone exposed to them. ID Table 6. Predicted Existing and Future Sound Levels from Blasting Receptor Predicted Blasting Noise Level, dBA Lmax slow Existing Quarry Overburden Stripping Production 280 ft Production 266 ft Production 210 ft Production 160 ft Existing 1-40 Traffic R-1: Residence Property Line 51 N/A 73 72 69 67 58 R-2: Company Mill Trail 57 N/A 64 63 59 53 38 R-3: Picnic Area 52 N/A 60 61 60 60 50 R-4: Residences 38 N/A 47 48 47 47 47 R-5: Reedy Creek Park Trail 42 N/A 54 53 51 47 39 R-6: North Turkey Creek Trail 41 N/A 44 44 44 44 29 R-7: Foxcroft Lake 54 N/A 71 69 64 62 45 R-8: Crabtree Creek 57 N/A 64 63 59 57 38 Note: Sound levels rounded to the nearest full decibel. Blasting is notAxpected to be needed during removal of overburden. Blasting noiseL�I►nax data shown for information only - not used for noise evaluation purposesObut is Qg included in the modeled typical hour Leq noise levels. a 22/29 Page: 22 Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:11:16 PM Text added for clarification. FTI Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 5:07:02 PM )Number: 3 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:12:05 PM Minor rephrasing for clarification. Number: 4 Author: catkins Subject: Highlight Date: 4/14/2021 5:10:31 PM Number: 5 Author: catkins Subject: Highlight Date: 4/14/2021 5:12:57 PM _Number: 6 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:13:24 PM "in" replaced with "for" FTI Number: 7 Author: catkins Subject: Highlight Date: 4/14/2021 5:14:23 PM JNumber: 8 Author: catkins Subject: Highlight Date: 4/14/2021 5:14:42 PM ;Number: 9 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:20:38 PM Per Report Specific Comment in ADI letter regarding blasting noise, clarification was made here that Lmax data was not used for evaluation purposes. It would be inappropriate to compare Lmax data to Leq data, which is the criteria that was set forth for comparing current modeled conditions to future modeled conditions. WSP USA, Inc. " 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US The results in Table 7 show the noise delta increase (+) or decrease (-) for future Pit 2 blasting events relative to existing sound levels produced by Pit 1 blasting events. As can be seen, blasting noise levels will remain readily audible throughout Umstead State Park but will reduce somewhat as the floor elevation of Pit 2 decreases. The loudest increase in blastin noise levels are expected near receptor R1 on the west side of the new quarry Pit 2 This is L >ktributable to Pit 2 being physically much closer to receptor R1 than Pit 1 is today. There will be some noise reduction shielding provided by the 15-foot earthen berm that Wake Stone has committed to erect along the property boundary with receptor R1. Thus, even though future blasting noise will be louder in some locations, it should not be used as a measure for compliance with the 10-decibel increase criterion due to how infrequently blasting will occur'; the short impulsive nature of the blasting event, Und the fact 3 that identical blasting occurs today in the existing Pit 1. Table 7. Expected Differences in Sound Levels for Blasting Events Receptor Predicted Future re: Existing Blasting Noise Level Delta, dB Overburden Stripping Production 280 ft Production 266 ft Production 210 ft Production 160 ft Production 280 ft vs 1-40 Traffic R-1: Residence Property Line N/A 22 21 19 17 14 R-2: Company Mill Trail N/A 6 6 2 -4 25 R-3: Picnic Area N/A 9 9 8 8 10 R-4: Residences N/A 9 9 9 9 0 R-5: Reedy Creek Park Trail N/A 11 11 8 5 14 R-6: North Turkey Creek Trail N/A 4 4 4 4 16 R-7: Foxcroft Lake N/A 17 15 10 8 26 R-8: Crabtree Creek N/A 7 6 2 0 25 Note: Sound levels rounded to the nearest full decibel. Blasting is notAxpected to be needed during removal of overburden. Blasting noisAlniax data shown for information only - not used for noise evaluation purpose,,M but is included in the modeled typical hour Leq noise levels. 11 23 / 29 Page: 23 =Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:22:11 PM removed "simply" attributable Number: 2 Author: catkins Subject: Highlight Date: 4/14/2021 5:21:31 PM Number: 3 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:27:51 PM further explanation for not using Lmax data for comparison purposes Al Number: 4 Author: catkins Subject: Highlight Date: 4/14/2021 5:25:46 PM (Number: 5 Author: catkins Subject: Highlight Date: 4/14/2021 5:23:10 PM Number: 6 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:28:32 PM same as above Number: 7 Author: catkins Subject: Highlight Date: 4/14/2021 5:28:17 PM JNumber: 8 Author: catkins Subject: Highlight Date: 4/14/2021 5:28:07 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Backup Alarms Qoud backup alarms are typically the number one source of noise complaints from the public 1 at any construction site due to their intentionally annoying pure -tone beepers. Their purpose is paramount for protecting the life and safety of people working near the equipment. The Mine Safety and Health Administration (MSHA) does not require a specific sound level for backup alarms to emit; they simply state that the backup alarm "shall be audible above the surrounding noise level". To this end, Wake Stone will replace the standard backup alarms on their equipment with either manually -adjustable or ambient -sensitive models. These quieter backup alarms produce tone levels approximately 20 decibels quieter (i.e. about a quarter as loud) compared to a standard backup alarm. An even more attractive backup alarm from a community noise perspective is one such as the BBS-TEK Series of backup alarms manufactured by Brigade Electronics https: [/brigade- electronics.com/products/reversing-and-warning-alarms/ (or equivalent). These alarms produce a much less annoying broadband "white noise" sound rather than a pure -tone. Wake Stone will evaluate the suitability of the various quieter backup alarms based on safety, cost and effectiveness and install them as needed. Sound Isopleth Contours The Cadna-A model Olso produces sound isopleth contour lines of equal loudness attributable only to Wake Stone's noise production (i.e. not including any other background noise sources). Figure 12 illustrates the sound contour lines for the existing condition, i.e. operations occurring in Pit 1. Similarly, Figure 13 shows the sound contour lines for the worst -case future noise condition, i.e. production occurring in Pit 2 at the surface elevation of 280 feet. The contours are drawn in 9-decibel increments represented by the color gradient in the legend. The purple dashed line around the outside shows the extents o Umstead State Park and the area within which the sound contours were computed. Careful examination of the two figures shows how noise produced by Only Wake Stone's operations emanate from the pits, interacts with the surrounding topography, and propagates with varying efficiency in various directions. Interpolation between the contour lines allows for the estimation of quarry -generated sound levels at any point of interest within Umstead State Park. Qhe sound contours do not represent total sound levels (i.e. cumulative noise levels), nor do they necessarily represent the predominant noise at any given location. They only represent the modeled noise contribution of quarry activities. Lastly, Figures Fr4 and 15 show isopleth contour areas for the delta or difference between the sound levels produced in the future versus existing quarry operating conditions. The first figure shows the quarry site and immediate vicinity. The second figure shows Umstead State park in its entirety. As can be seen in the three shades of green, the vast majority of Umstead State Park is expected to experience a noise increase of less than 3 decibels due to Wake Stone's operations expanding from Pit 1 to Pit 2. In fact, more than half of the park will experience an increase of less than 1 decibel. 11 0 m 24 / 29 Page: 24 ,Number: 1 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:33:40 PM Additional information for backup alarms has been added. Although not included in the model (as indicated above), this section does offer mitigation measures for backup alarms, to which Wake Stone has agreed to take. JNumber: 2 Author: catkins Subject: Highlight Date: 4/14/2021 5:30:35 PM TI Number: 3 Author: catkins Subject: Highlight Date: 4/14/2021 5:36:07 PM ;Number: 4 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:41:02 PM clarification that the sound isopleth contours do not include nor take into account other background noises which are likely louder for the vast majority of the park ;Number: 5 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:44:08 PM 1-decibel increments were replaced with 5-decibel increments to make the background map easier to see and the colors easier to discern. FTI Number: 6 Author: catkins Subject: Highlight Date: 4/14/2021 5:41:37 PM Lt Number: 7 Author: catkins Subject: Highlight Date: 4/14/2021 5:44:19 PM Number: 8 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:47:16 PM further clarification that the figures do not include nor represent any other background noise Number: 9 Author: catkins Subject: Highlight Date: 4/14/2021 5:47:09 PM 4) Number: 10 Author: catkins Subject: Sticky Note Date: 4/14/2021 5:57:13 PM Figure 14 was redone (and renamed Figure 15) to make the background map visible, and additional property lines were added for clarity. A new figure 14 was generated to show a high level of detail in the area of most concern. JNumber: 11 Author: catkins Subject: Highlight Date: 4/14/2021 5:50:17 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Conclusions A comprehensive acoustical study was performed for the Wake Stone Triangle Quarry to evaluate the potential for expanded operational noise produced in the future to impact outdoor recreation areas in the adjacent Umstead State Park. Various noise guidelines were considered, existing noise levels were measured, and existing and future noise levels were modeled. The results indicate that operating noise from the future Pit 2 will only increase noise levels throughout the vast majority of Umstead State Park by less than 3 decibels; well below the recognized definition for a substantial noise increase impact of 10 decibels. Thus, it can be concluded that expansion of Wake Stone's operations into Pit 2 will not pose a "significantly adverse [noise] effect on the purposes of a publicly owned park, forest or recreation area lin Umstead State Park]". Professional Certification I hereby certify that this plan, specification, or report was prepared or reviewed by me and that I am a duly certified acoustical professional as recognized by the Institute for Noise Control Engineering (INCE). Erich Thalheimer WSP USA, Inc. Principal Noise & Vibration Engineer INCE Board Certified No. 20104 JM E The Institute o€.\ei.se Conirnl Engineering of the United States of Amcrica, Inc. in recognition of professional standing and rontributinns attests that E'1Z.ICH THALHEMER a Member of the Institute i, Board Certified in Noiso Control Engineering for rho Board of DI —Tors "`",° 2001 Jt►na 2010.4 25 / 29 WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Figure 12. Isopleth Sound Contours for the Existing Condition Oote: Sound isopleth contour levels attributable only to noise produced by Wake Stone's operations (i.e. does not include other background noise sources such as traffic noise from I-40 or aircraft noise from Raleigh Durham Airport). 0 26 / 29 Page: 26 Number: 1 Author: catkins Subject: Highlight Date:4/14/2021 5:58:13 PM ,Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 6:01:37 PM Figure 12 was updated with a clearer legend, additional property lines, and a clearer background map. Footnote was also added to clearly indicate that no background noises are included in this Figure. WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Figure 13. Isopleth Sound Contours for the Future Condition Oote: Sound isopleth contour levels attributable only to noise produced by Wake Stone's operations (i.e. does not include other background noise sources such as traffic noise from I-40 or aircraft noise from Raleigh Durham Airport). 0 27 / 29 Page: 27 Number: 1 Author: catkins Subject: Highlight Date:4/14/2021 6:01:43 PM ,Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 6:01:54 PM Figure 13 was updated with a clearer legend, additional property lines, and a clearer background map. Footnote was also added to clearly indicate that no background noises are included in this Figure. WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Rgure 14. Quarry Site Isopleth Sound Difference Contours (Future - Existing) 0 Qote: Sound isopleth contour levels attributable only to noise produced by Wake Stone's operations (i.e. does not include other background noise sources such as traffic noise from I-40 or aircraft noise from Raleigh Durham Airport). 28 / 29 Number: 1 Author: catkins Subject: Highlight Date: 4/14/2021 6:02:38 PM —,Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 6:03:47 PM Figure 14 is an additional figure that was added to illustrate the modeled noise increase at a high level of detail in the area of most concern. FTI Number: 3 Author: catkins Subject: Highlight Date: 4/14/2021 6:02:40 PM WSP USA, Inc. 100 Summer Street Boston, MA 02111 (617) 426 - 7330 www.wsp.com/en-US Rgure 15. Park Area Isopleth Sound Difference Contours (Future - Existing) Qote: Sound isopleth contour levels attributable only to noise produced by Wake Stone's operations (i.e. does not include other background noise sources such as traffic noise from I-40 or aircraft noise from Raleigh Durham Airport). 29 / 29 Page: 29 Number: 1 Author: catkins Subject: Highlight Date: 4/14/2021 6:03:58 PM ,Number: 2 Author: catkins Subject: Sticky Note Date: 4/14/2021 6:06:18 PM Figure 15 is a revised version of Figure 14 from the draft report. Additional property lines were added, the legend was made more legible, and the color gradients were made semitransparent to allow the background map to be visible. TI Number: 3 Author: catkins Subject: Highlight Date: 4/14/2021 6:04:00 PM William B. Umstead State Park General Management Plan North Carolina Department of Natural and Cultural Resources Division of Parks and Recreation Piedmont Region November 2017 NORTH CAROLINA STATE PARKS Y r I. MISSION AND PURPOSE MISSION STATEMENT: The North Carolina Division of Parks and Recreation exists to inspire all its citizens and visitors through conservation, recreation and education. Conservation: To conserve and protect representative examples of North Carolina's natural beauty, ecological features, recreational and cultural resources within the state parks system; Recreation: To provide and promote safe, healthy and enjoyable outdoor recreational opportunities throughout the state; and Education: To provide educational opportunities that promote stewardship of the state's natural and cultural heritage. OUR PURPOSE: The 1987 State Parks Act defines the purposes of the state parks system. It establishes that: The State of North Carolina offers unique archaeologic, geologic, biologic, scenic and recreational resources. These resources are part of the heritage of the people of this State. The heritage of a people should be preserved and managed by those people for their use and for the use of their visitors and descendants. PURPOSE: William B. Umstead State Park was established in 1943 when it was deeded to the State of North Carolina by the federal government. Deed restrictions specify that the park must serve "public park, recreation, and conservation purposes" or revert to federal ownership. A federal land reclamation demonstration project that portrayed the potential of using sub marginal farmland for recreation and conservation established the park. William B. Umstead State Park has returned to a predominantly natural condition since its establishment. The park enhances local air and water quality, protects an extensive undeveloped area in a rapidly growing region, and offers an urban population the opportunity to experience an extensive natural setting. This park is a typical example of successful reclamation of sub marginal farmland and increasing citizen appreciation for the value of open space and natural landscapes. Several themes and trends identified in the N.C. State Parks Systemwide Plan are protected including: hiking trails, equestrian trails, multi- use trails, biking, canoeing, and tent and trailer camping. William B. Umstead State Park has significant scenic resources that provide views of the largest natural landscape in the Research Triangle area. Undeveloped lakefronts at Big, Sycamore, and Reedy Creek Lakes, forest communities, and creeks provide view shed protection within an urban area. Significant recreation resources include: an extensive multiple -use trail system, three constructed lakes suitable for a variety of water -based recreation activities, and areas with potential for the development of facilities for visitors. Recreational development and activities must be compatible with protection of the resources of the park. The resources and proximity to urban populations combine to enhance cultural and environmental education possibilities. 2 GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK .. noRTcaaounA STATE PARKS � 5 William B. Umstead State Park serves to protect valuable biologic, recreational, cultural, scenic and geological resources. The mission for the Division of Parks and Recreation is to preserve resources and providing park experiences that promote pride in and understanding of natural heritage of North Carolina. II. HISTORY Long before the first settlers, the area now known as William B. Umstead State Park was an untamed land. American bison, elk, bobcats and wolves roamed forests of oak, hickory and beech. Native Americans later inhabited the land and routes for trade were developed nearby. Such pathways included the Occoneechee trail to the north and the Pee Dee trail to the south. In 1774, land grants opened the area for settlement. Forests were cleared as agricultural interests developed. While early farming efforts were successful, poor cultivation practices and one -crop production led to depletion and erosion of the soil. During the Depression, farmers made unsuccessful attempts to grow cotton in worn-out soil around Crabtree Creek. In 1934, under the Resettlement Administration, federal and state agencies united to buy 5,000 acres of this sub marginal land to develop a recreation area. The Civilian Conservation Corps, as well as the Works Progress Administration, helped construct the site while providing much needed jobs. Four camp areas, along with day -use and picnic facilities were constructed and the park opened to the public in 1937. The State of North Carolina purchased this area, known as Crabtree Creek Recreation Area, for $1, and more facilities were built as the General Assembly made the first state parks division appropriation in the 1940's. In 1950, more than 1,000 acres of the park was established as a separate park for African -Americans. This area was named Reedy Creek State Park. Crabtree Creek Recreation Area was renamed a few years later after former Governor William Bradley Umstead because of his conservation efforts. In 1966, the Crabtree Creek and Reedy Creek areas were united under the same name, and William B. Umstead State Park was open to everyone. III. THEMES AND INVENTORY Themes The significant archeological, geologic, scenic, recreational and biological resources of North Carolina should be represented in the State Park system. These resources, as cited in the State Parks Act, are divided into sub -categories called resource "themes". There have been 108 themes identified that should be protected to preserve representative examples of unique resources. For this General Management Plan, only themes that are of high significance to William B. Umstead State Park are shown. William B. Umstead State Park Theme Table GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK NORTH CAROLINA STATE PARKS Y r Theme Type Theme Umstead Park Si nificance State Parks System Representation Archeological/Historic Cemetery High Adequate Archeological/Historic Mills High Adequate Archeological/Historic Public Works High Adequate Archeological/Historic Recreation High Adequate Archeological/Historic Rural -Domestic High Adequate Archeological/Historic Transportation High Moderate Archeological/Prehistoric Campsite/Activity Area High Adequate Archeological/Standing Structure Public Works High Adequate Archeological/Standing Structure Recreation High Adequate Archeological/Standing iiiik Biological Rural -Domestic Piedmont and Coastal Plain Mesic Forests High High Adequate Adequate Biological Piedmont and Coastal Plain Oak Forests High Adequate Biological Piedmont and Mountain Floodplains High Moderate JL Geological Dissected Uplands High Adequate Geological Faults, Joints, and Related Features High Adequate Geological Folds and Related Features High Adequate Geological Gorges, Rapids, Waterfalls High Adequate Geological Intrusions High Adequate Geological Metamorphic Features High Adequate Scenic Forests High Moderate Scenic Meadows/Grasslands High Little Scenic Reservoirs/Lakes High Adequate Scenic Rivers High Little Scenic Scenic Vistas High --fModerate *See the Systemwide Plan for references to Theme and inventory terms. Themes have both actual and "potential" future needs to be at a park. 4 GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK noRT.. caaounA STATE PARKS Y DEDICATED NATURE PRESERVE Legend 0 Dedicated Nature Preserve RDU Parcel Boundary State Parks Unit Dedicated Nature Preserve Boundaries William B. Umstead State Park N A 0 0.25 0.5 1 1.5 Miles GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK FACILITIES INVENTORY- REEDY CREEK ENTRANCE Existing Facilities State Parks Unit 6 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK .. noRTcaaouna STATE PARKS FACILITIES INVENTORY - CRABTREE CREEK AREA GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK FACILITY INVENTORY — BIG LAKE AREA Observation , ! '� Structure Rai Big Lake ; Parking Area - Public, Boathouse - Public ig Area - ublic � 1 � Toilet Buildin - r \ Picnic -Shelter Play Field St .� Ruilri se p Site , Parkinc*Ar,, blic- Dining Hall dge � Toilet Buildin Toilet Building ° 0 0,0 Toilet Building rn n ° ° r_°:,i,i ° ° -0S Group ° o abins,(17) Toilet �%: William B. U mstead State Park Facilities Inventory Big Lake Area March 2017 La k Sycamore Toil o Dining Hallo° o° o`o o° Electrical Bu Box Showe Building Toilet Buildin ----- Existing Trail Road -Paved Road- Unpaved Existing Facilities - State Parks Unit o Cal et Buildin 8 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK iilding -= r , 0 250 500 1,000 Feet ' .. noRTcaaounA STATE PARKS TRAIL INVENTORY Trail Inventory Hiking Bike Equestrian Multi -Use Campground Spur Trail 0.40 Cedar Ridge Trail (MUT) 1.52 1.52 1.52 1.52 Company Mill Trail 5.80 Company Mill Spur 0.20 Graylyn Trail (MUT) 1.62 1.62 1.62 1.62 Inspiration Trail 0.74 Loblolly Trail 2.70 North Turkey Creek Trail (MUT) 2.60 2.60 2.60 2.60 Oak Rock Trail 0.60 Pott's Branch Trail 1.37 Reedy Creek Lake Trail (MUT) 0.66 0.66 0.66 0.66 Reedy Creek MUT Trail 3.70 3.70 3.70 3.70 Sal's Branch Trail 2.80 South Turkey Creek Trail (MUT) 2.64 2.64 2.64 2.64 Sycamore Trail 7.60 Umstead SP Totals (miles) 34.95 12.74 12.74 12.74 HIKING: Campground Spur Trail: This trail is a 0.40-mile-long loop trail that starts at south end of the Campground area near the Crabtree Creek Entrance and intersects with the Sal's Branch Loop Trail. Cedar Ridge Trail (MU ). This trail is a 1.52-mile multi -use Trail which provides a connection from Reedy Creek MUT to the Ebenezer Church Road Bridge gate. Company Mill Trail: This trail is a 5.80-mile-long loop that begins with the one mile spur connecting Reedy Creek parking lot to Crabtree Creek and the site of Company Mill. After crossing the bridge, the spur connects to the loop. Scenic areas along the trail include the banks of Crabtree and Sycamore Creeks and a millstone. Company Mill Trail Company Mill Spur: This trail is a 0.20-mile spur connector that connects Reedy Creek MUT to Sycamore Trail. Graylyn Trail (MUT)This is a 1.62-mile multi -use trail that starts at the Graylyn Gate off Ebenezer Church Road, and goes south to the Reedy Creek MUT. GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK QAR011114 Inspiration Trail: This is a 0.74-mile short loop trail that connects to Company Mill Trail. A section of the trail follows a small stream to the south along Crabtree Creek Loblolly Trail: This is a 2.70-mile-long trail that begins at Reedy Creek Entrance parking lot. This out and back trail crosses Reedy Creek and continues to the park boundary, then connects to Schenck Forest located to the south. Options for Inspiration Trail loop system are available at intersections with the Reedy Creek MUT and South Turkey Creek MUT. North Turkey Creek Trail (MUT): This 2.60-mile trail starts at the Graylyn multi use trail and goes east, near the Sendero Gate along Ebenezer Church Road. The trail ends at the Trenton Road Gate off Reedy Creek Road. The Crabtree Creek Trail, managed by City of Raleigh, goes from Sendero Gate to the east. Oak Rock Trail: This is a 0.60-mile trail that begins at the Crabtree Creek picnic area. The trail crosses a small stream, Sal's Branch, at two points along the route. Stonework includes a check dam and a culvert. This trail is the TRACK interpretation/educational trail. Pott's Branch Trail: is a 1.37mile loop trail begins at the Crabtree Creek Picnic area. The short hike meanders along Oak Rock Trail three small streams that flows into Crabtree Creek. A section of the trail is routed through the picnic area offering easy access. Reedy Creek Lake Trail (MUT): This is a 0.66 mile multi use trail which begins on the backside of the maintenance area on Reedy Creek side and goes north along the Reedy Creek Lake to the Reedy Creek MUT. Reedy Creek Trail (MUT): This is a 3.70-mile multi use trail that begins at the Old Reedy Creek Road Gate, runs north, then east to Reedy Creek Lake area, then south to Trenton Road Gate. Black Creek Greenway, managed by Town of Cary, begins at the Bond Park Metro Park Trailhead, then a smaller trailhead parking lot is located near Lake Crabtree off Old Reedy Creek Road, then then connects into Reedy Creek Trail (MUT). Reedy Creek Trail, managed by City of Raleigh, follows Reedy Creek Road from Umstead State Park to the North Carolina Museum of Art and Meredith College Campus. Sal's Branch Trail: This 2.80-mile loop trail has a trailhead located directly behind the Visitor Center on the Glenwood Avenue Entrance. The hiking trail normally takes 1 hour or less. There is a man- made lake about halfway through the hike. From this trail, southwest section hikers can take in views of Big Lake. 10 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK NORTH CAROLIMA STATE PARKS S South Turkey Creek Trail (MUT): This 2.64-mile multi use trail starts at Ebenezer Church Road Bridge Gate and goes south to the Trenton Road Gate. Richland Creek Trail, managed by City of Raleigh, continues to the PNC Arena through Schenck Forest. Sycamore Trail: This trail is a 7.60-mile-long and the trail head is located at the end of Umstead Parkway. From there, a spur runs parallel to Sycamore Road and connects to the loop. Access is also available from the multi -use trail parking lot at the end of Sycamore Road. The trail follows Sycamore Creek for much of the loop. EQUESTRIAN TRAILS Equestrian Trails: 12.72 miles of bridle trails traverse some of the most scenic parts of the park. Horses are restricted to the multi -use trails and are not permitted in other areas of the park, including hiking trails. Popular equestrian trails include: Reedy Creek MUT, and South Turkey Creek MUT. Sycamore Trail Equestrian Trails GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK 11 Campground Spur Trail r 0 •r , r' � v •'� a 70 _r or+ d3o , U r ` o ' ` CceeK Inspiration Tz, 0 t Lobiolry �,,�y♦ t Trail , William B. Umstead ----- Existing Trail State Park Oak Rock" Trail Inventory Road- Paved � � \ � � � ♦Trail Road - Unpaved m m ,` •! Tr-i Existing Facilities �� ,* S;camore `` -- •._.-• March 2017 State Parks Unit o -rant, Potts Branch t Trail, 12 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK William B.'Llmstead State Park -- . tg { .�>✓ �_ ��• JtiaM- Fi"�_ NORTH CAROLINA STATE PARKS Y r LAND PROTECTION FOR STATE PARKS To achieve the highest level of connectivity between park properties already owned by the State of North Carolina, further acquisition of land is expected to take place. Additional land will ensure the maximum protection of natural resources, scenic preservation, outdoor recreation and public access. Each park has several tracts of land that have been distinguished as a future need or a critical need for the park. The following map shows Land Acquisition needs for William B. Umstead State Park. Entrance road from Harrison Avenue with limited parking Trenton Road access Internal Park Roads Facilities and watershed protection M 14 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK NORT" CAROL INA STATE PARK LAND PROTECTION PLAN GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK 15 � NORTH Cd ROLINA STATE PARKS Y r ♦ , • • William B. U m ste a d S P C State Parks UnH Other Conservation Land Land Protection Plan ® Federal N Future need E22 State Critical need F-7 Other January 2016 16 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK .. noRTcaaounA STATE PARKS PROJECT LIST Project Project Title Conce tual Cost 1 Contact Station /Education Building $ 1,790,470 2 Convert Sycamore Group Camp to Day -Use Area 2,344,003 3 Multi Use Trail Improvements 117,150 4 Crabtree Creek Maintenance Area Improvements 962,714 5 Lake Spillway Improvements 577,500 6 Tent and Trailer Campground Improvements 971,046 7 Boathouse Renovations 545,510 8 Group Camp Renovation — Crabtree Access 1,192,125 9 Trail Renovations 1,933,113 10 Building Renovations 755,590 11 Renovate Lapihio Group Camp 1,895,970 12 Maple Hill Lodge Group Use Area 135,850 TOTAL $13,221,041 ** Planning estimated project cost does not include contingencies, design fee, nor escalation. 1. Contact Station /Education Building Convert camp Whispering Pines to a day use area with a Contact Station/ Education facility, picnic sites and three (3) picnic shelters. Adequate parking will accommodate increased day use demands, and multi —use trail access and connectivity. This location is located near a dedicated nature preserve, however the facility will not impact the natural resource. 2. Convert Sycamore Group Camp to Day -Use Area This project proposes to convert the old Sycamore Group Camp in the Crabtree Creek section of the park to a day -use area. Camp Sycamore area is currently being used as a trailhead by hikers, bikers, equestrians, and individuals fishing in Sycamore Lake. A Civilian Conservation Corps -era restroom building is used by the public, and vehicles park in a parking area separated for equestrian users and hikers. Visitors access the site from the U.S. Route 70 entrance along a paved park road which follows a one mile long gravel road. Scope of work includes: shower house, parking areas, access road, turn around area. The renovated depression -era structures will provide facilities for day use visitors and day campers. This popular visitor activity, along with a proposed shower house facilities will serve trail users, campers and day use users. GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK 17 NORTH CAROLINA STATE PARKS Y r Gates, informational displays, trail connectors, and other related infrastructure such as expansion of the septic service and underground electrical power are also included Civilian Conservation Corps -era buildings have been were restored and stabilized. Expansion of parking capacity, while needed to address Camp Sycamore Lodge renovated normal park visitation and trailhead use, will also provide for overnight use park for large events up to approximately 400 attendees. Additional and defined parking spaces for horse trailers will be provided. Exhibits and displays will be added to enhance environmental education. Existing Parldng Lot expansion 3. Multi Use Trail Improvements. This project will create a section of Multi -use trail connecting the Reedy Creek Parking Area with the Reedy Creek Multi -Use Trail (MUT) by converting a small section of the Loblolly Trail to Multi- use Trail. The section between the Reedy Creek Existing Depression Era Camp Buildings Parking area and Reedy Creek Parkway will be widened and upgraded to a natural surface multi -use trail along with a small section of MUT along Reedy Creek access area. Road Crossing When the Educational Center is constructed at Whispering Pines a MUT connector should be designed and as part of this project. 4. Crabtree Creek Maintenance Area Improvements This project would make improvements to the existing maintenance area that serves the facilities in the Crabtree Creek section of the park accessed off U.S. Route 70. Scope of work includes: renovations to two maintenance buildings, demolish and construct a new garage, demolish and construct an existing maintenance shop for welding and carpentry. and construction of a proposed four -bay vehicle storage shed. 18 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK .. noRTcaaounA STATE PARKS 5. Lake Spillway Improvements This project includes improvements to the spillways at the three park lakes: Big Lake, Sycamore Lake and Reedy Creek Lake. The improvements are needed to protect park resources by addressing structural dam integrity (low hazard), undercutting, leakage and other items. Permitting with State of North Carolina and various Wake County agencies will be required. Reedy Creek Lake has had hydrilla present since 1981. This is a concern for natural resources and best management practices will be used prior to construction. 6. Tent and Trailer Campground Improvements Renovation to the existing tent and trailer campground will be needed to provide more camping improvements in the Crabtree Creek urban area. Scope of work includes: demolition of the existing shower house; construction of a shower house, 4 camper cabins, reuse septic field; water line extension; bury underground electrical service; and renovation of the information kiosk. Hose bibs will be scattered throughout the campground area to provide water for shared use. 100 Amp electric service will only be provided to the outside of each cabin, allowing for some small electric items to be supported. The electric improvements will provide park visitors with a wide range of camping alternatives, such as: camper cabins and appeal to a wider range of park visitors. 7. Boathouse Renovations This project proposes renovations to the existing boathouse, built in 1962, at Big Lake and to the related adjoining facilities, including the addition of vault toilet, dock replacement of 12 structures, improved pedestrian Spillway Big Lake Standard Campsite Demolish Existing Shower house access anp canoe storage tacllrty. t lie recreational Proposed Vault toilet opportunities offered by these facilities are popular with visitors, will create revenue generation, and will improve access to the site located on the northwest section of the park with access off Glenwood Avenue. 8. Group Camp Renovation — Crabtree access GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK 19 n This project proposes major renovations to the existing facilities at both Camp A and Camp B of the Crabtree Group Camp, constructed in the late 1930's. Scope of work includes: renovations to existing buildings, trails, and the swim area at Lake Sycamore. The lodge, dining hall, canteen/infirmary, cooks cabin and 16 cabins will be renovated, furnished with bunk beds, and treated for powder post beetles. The dining hall will be upgraded with updated kitchen equipment and furnishings. An existing propane tank will supply heat to the cabins. The group camps are popular and will create revenue generation. The renovations will allow this use to continue in the historical context of the Great Depression -era camp buildings. 9. Trail Renovations Trails throughout the park receive heavy traffic from hikers, bikers and equestrians from Cary and Raleigh and other surrounding urban areas. The project will improve approximately 20 miles of trails, including: Sycamore Trail, Sal's Branch Trail, Loblolly Trail, Inspiration Loop, Company Mill Trail, and Oak Rock Trail. The objective is to bring trails to sustainable trail design practices, and replace several bridges as needed due to flooding conditions. 10. Building Renovations - Camp Crabtree Mess Hall Hiking Trail This project addresses all minimum repairs, including general repairs and treatment of facilities for powder post beetles, LWl Nl I Uh - IlLtlt 1� �4 Condition of Structures - 2011 Structures after renovations necessary to stabilize park buildings that are not covered under other capital improvement projects. Before funding is requested, an updated inventory of buildings and project scope will be completed to determine exact needs. Minimum standards for handicapped access, health, fire, safety and other building codes are not being met, and the cost of needed repairs is beyond the maintenance funds available through the operating budget. 20 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK nORTlE CARO' ' STATE PARKS 11. Renovate Lapihio Group Camp Camp Lapihio is a popular group camp. This scope of work includes improvements to the Lapihio facilities, constructed in 1939, that will allow existing uses to continue while maintaining the Civilian Conservation Corps -era character of the historical resources. Improvements include: renovations to the various group camp buildings, conversion of 12. three of the cabins for accessible standards, improvements to the swim area at Lake Sycamore; adequate parking expansion and improvements; general grading and landscaping; and improvements to the ditches and culverts on the access road. Buildings to be renovated include the staff house, lodge, dining hall, canteen, and 34 cabins, along with installation of kitchen equipment for the dining hall and bunk beds for the cabins. Utility upgrades include electrical stub outs and to 100 amps. Camp Lapihio Group Camp - Arts and craft building Maple Hill Lodge Group Use Area This project proposes general repairs and improvements that would stabilize the Maple Hill Group Camp and allow it to continue being used as a destination for organized groups. Scope of work includes: improving the gravel parking area; a handicap walkway and ramp; and 500 feet of 18' wide paved maintenance access road leading to the lodge and install underground 100-amp electric service to the structure. Damage to the structures from powder post beetle infestations will be addressed, and the structures will be treated to prevent future beetle damage. The work in this project is intended to provide revenue generation and protect the valuable historical resources and character of the Great Depression -era buildings, built in 1939, while meeting current code requirements. Maple Hill Lodge GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK 21 � NORTH Cd ROLINA STATE PARKS STATIONPROJECT #1: CONTACT /EDUCATION BUILDING 22 GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK .. noRTcaaounA STATE PARKS PROJECT # 1: CONTACT STATION /EDUCATION BUILDING Cleared, flat area for proposed parking lot Reedy Creek Environmental Education at Whispering Pines CCC Cabin preserved for interpretation and educational purposes M'f[1P 'GFl1R � aMno�l �Pfn11fO F.': C 3 tl Conceptual Building Footprint GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK 23 NORTH CAROLINA STATE PARKS Y r CONVERT SYCAMORE GROUP CAMP TO DAY USE AREA m Legend Planned Facilities 250 500 Feet Existing Facilities77o 0.05 0.1 Miles 24 GENERAL, MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK ti Of NORTH CAROLINA STATE PARKS Y r PROJECT #4: CRABTREE CREEK MAINTENANCE AREA IMPROVEMENTS 26 GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK .. noRTcaaouna STATE PARKS PROJECT # 6: TENT AND TRAILER CAMPGROUND IMPROVEMENTS GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK 27 � NORTH Cd ROLINA STATE PARKS Y r � • • PROJECT 28 GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK .. noRTcaaouna STATE PARKS PROJECT # 8: GROUP CAMP RENOVATION - CRABTREE GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK NORTH CAROLINA STATE PARKS Y r PROJECT #11: RENOVATE LAPIHIO GROUP CAMP 30 GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK NORTH CAROLINA STATE PARKS Y PROJECT #12: MAPLE HILL LODGE GROUP USE AREA GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK "I HISTORICAL OVERLAY DISTRICT (FOR REFERENCE) William B. Umstead SP Crabtree Creek Other Recreational Conservati... e Demonstration Area Land Parks _ State Parks Unit ®Federal State Jan 2016 Other 32 GENERAL MANAGEMENT PLAN — WILLIAM B. UMSTEAD STATE PARK .. rIORTcagounA STATE PARKS I'7AN"A A10& WILLIAMB.-U Raleigh-Dwham International CamlI p-g-rou�nlIdVp4.t Mid & Trail -,,�' Oak Trail .� r� I� �' ♦ Bi North o� 0 2,000 4,000 Feet f �I )IGI1R11c12,eskRcad Entrance Old Reedy Creek Rd. - Pe Lake Crabbee TEAD STATE PARK _ 1 11 I _ EntmnceGat� u"s �n I l� �a To Aaleigh Malntenanm Rd, ftelt Hospi[al� ©e miles Maple HIII ' Lodgey - ♦ I Graylyn Dr. b� •_SyO Graylyn E Try o,e Gate �y, b ' free ' I ® -,�J r' 5ycamoi A EM Lake Sycamore ® 4y -,Cabins •----1■ ti�;� � .\ Q 2 ek M U.T. tp Campp Send.. q ` Gale ,,�ay Lek ■ + Mill5i Vogl $' Millstone - •+` �\ f •`�'� _ Ebenezer Ch—h to , Rd.6ndge Gate nspirabon q Reedy Creek �Malntenanre Reedy • + Gate Creek take Harrison Are. ®_ f - r �'■_ S/ +� Exit 287 Entrance Gate � _ O1 -■� -1. � - Trenton ' HOgTR CARD L1Ne STATE PARKS Reedy Rtl, Gate�� 1 eek O asnr To Raleigh ©Rex Hospital Smiles f LEGEND TRAILS Accessible B Lodge il', mitivei Powedine - - -- - M �ttasue raus luunu ,derate i 3 o miles ■ Bathhou No Swimming ® Ranger Residence teyc,�e 1-N,Tvkey Creek edyCmktaM ® Biking 7rafl ------ Park Boundary ---- m Rest-- Campground Spur easy 0.41 O Boat Rental ®Park Gate Reads Company Mlll moderate Company MlllSpur easy 5.8 .hies ■ 0.2 miles O ® Bridle Troll ------ © Park Office Gravel Paved Inspiration easy 0-4 miles ® Cabins 0 Parking Area Q Telephone LobfoUy" moderate Oak Rocky 2.7 miles ■ 0.6 miles ❑ ® Group Camp Picnic Area 8 TentlTtaller Camping Pott's Branch easy 1.31 Hiking Trail ------- ® Picnic Shelter © Water for Horses 5-Branch moderate Sycamore moderate 2.8mlles • 7.amiles A m® {y Hospital ®Point of Interest © Yebth Com P -ii Alytraillsano..—bxk-il Th--d-rdl`6s ans�e to theperk bau ndaryls Ssl miles. GENERAL MANAGEMENT PLAN - WILLIAM B. UMSTEAD STATE PARK 33 Wake Stone Corporation Triangle Quarry Mining Permit No. 92-10 Narrative response to ADI Letter #3, item #4: 4. Please supply proof that the security fence meets the requirements of the Neuse River buffer rules. Has a buffer authorization been provided? WSC Response As stated in previous responses to DEMLR inquiries concerning plans for security fencing within areas of the Neuse River Riparian Buffer, such fencing is deemed allowable. This is clearly stated in the revised Neuse River Riparian Buffer Rule (codified at 15A NCAC 028.0714) which became effective June 15, 2020. Paragraphs (10)(a)(i) and (11)(f)(ii) address fencing within the buffer. (Highlighted copies of these statute sections are attached.) As stated in the table of uses, fences are deemed allowable so long as "Installation does not result in removal of trees from Zone 1". "Trees" are defined at 15A NCAC 02B .0610 (40), with "DBH" defined at 15A NCAC 02B .0610 (9). As previously stated, Wake Stone Corporation intends to adhere to these restrictions during security fence installation. Given the fact that a Buffer Authorization from the Division of Water Resources is not required for uses deemed allowable, no buffer authorization has been requested from nor issued by the DWR for fence construction. Wake Stone Corporation consulted with staff of Soil & Environmental Consultants, PA (S&EC) during the planning and design of the proposed security fence. S&EC's opinion, concerning the need to obtain a buffer authorization for fence construction, is the same as that of Wake Stone — no buffer authorization is required so long as the rule provisions concerning tree removal in Zone 1 are followed. Wake Stone and S&EC also contacted (via emails on April 14, 20, and 26, 2021— copies attached) Mr. Paul Wojoski, Supervisor of DWR's 401 and Buffer unit for concurrence. Mr. Wojoski has failed to respond to these requests for concurrence on our understanding of the rule. We suggest DEMLR Director Wrenn discuss our interpretation of the rule with DWR Director Smith should DEMLR require further "proof' that the fencing as proposed meets the requirements of the Neuse River buffer rule. 15A NCAC 02B .0714 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS The following is the management strategy for maintaining and protecting existing riparian buffers in the Neuse River Basin. (1) PURPOSE. The purpose of this Rule shall be to maintain and protect existing riparian buffers in the Neuse River Basin, including the Falls of the Neuse Reservoir watershed, to maintain their nutrient removal functions. Terms used in this Rule shall be as defined in Rule .0610 of this Subchapter. (2) APPLICABILITY. This Rule applies to all landowners and other persons including local governments, state and federal entities conducting activities within the riparian buffers as described in Item (3) of this Rule in the Neuse River Basin, including the Falls of the Neuse Reservoir watershed. (3) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated riparian buffers: (a) A surface water shall be subject to this Rule if the feature is approximately shown on any of the following references: (i) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resources Conservation Service of the United States Department of Agriculture; (ii) The United States Geologic Survey's (USGS) National Map, available online at: https://www. usgs.gov/core-science-systems/national-geospatial- program/national-map; or (iii) Other maps approved by the Environmental Management Commission as more accurate than those identified in Sub -Item (3)(a)(i) and (3)(a)(ii) of this Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions and additions to the hydrography dataset shall follow GICC approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the Environmental Management Commission. Prior to recommendation to the Environmental Management Commission, the Division shall issue a 30-calendar day public notice through the Division's Mailing List in accordance with 15A NCAC 02H .0503. Division staff shall present recommendations including comments received during the public notice period to the Environmental Management Commission for a final decision. Maps approved under this Sub - Item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (6) of this Rule; (b) This Rule shall apply to activities conducted within 50-foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, reservoirs and estuaries), excluding wetlands; (c) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506; (d) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (9) of this Rule; (e) Riparian buffers protected by this Rule shall be measured pursuant to Item (8) of this Rule; (f) A riparian buffer may be exempt from this Rule as described in Items (5), (6) and (7) of this Rule; and (g) No new clearing, grading or development shall take place nor shall any new building permits be issued in violation of this Rule. (4) ON -SITE DETERMINATION. When a landowner or other affected party believes that the maps listed in Sub -Item (3)(a) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of a stream is in question or unclear, he or she shall request the Authority to make an on -site determination. On -site determinations shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A. Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on -site determinations for forest harvesting operations and practices. On -site determinations shall expire five years from the date of the determination. Any disputes over on -site determinations shall be referred to the Director in writing within 60 calendar days of written notification from the Authority. The Director's determination is subject to review as provided in G.S. 150B. (5) EXEMPTION BASED ON ON -SITE DETERMINATION. Surface waters that appear on the maps listed in Sub -Item (3)(a) of this Rule shall not be subject to this Rule if an on -site determination shows that they fall into one of the following categories: (a) Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access. (b) Manmade ponds and lakes that are not fed by an intermittent or perennial stream or do not have a direct discharge point to an intermittent or perennial stream. (c) Ephemeral streams. (d) The absence on the ground of a corresponding perennial waterbody, intermittent waterbody, lake, pond or estuary. (6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing. (a) A use shall be considered existing if- (i) It was present within the riparian buffer as of July 22, 1997 and has continued to exist since that time; or (ii) It was a deemed allowable activity as listed in Item (11) of this Rule; or (iii) It was conducted and maintained pursuant to an Authorization Certificate or Variance issued by the Authority. (b) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (i.e. can be mowed without a chainsaw or bush -hog), existing utility line maintenance corridors and on -site sanitary sewage systems, any of which involve either specific periodic management of vegetation or displacement of vegetation by structures or regular activity. (c) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule. (d) Change of ownership through purchase or inheritance is not a change of use. (e) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer where it did not exist prior to July 22, 1997, and the site is in compliance with Item (9) of this Rule. (f) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub -Items (6)(a) through (6)(e) of this Rule. (7) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are met: (a) The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1. (b) Except for this Rule, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before July 22, 1997. (c) The pond is not a component of an animal waste management system as defined in G.S. 143-215.1O13 (3). (8) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows: (a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (9) and (11) of this Rule. The location of Zone 1 shall be as follows: (i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the stream, measured horizontally on a line perpendicular to the stream (where an intermittent or perennial stream begins or ends, including when it goes underground, enters or exits a culvert, or enters or exits a wetland, the required distance shall be measured as a radius around the beginning or the end). (ii) For ponds, lakes and reservoirs subject to this Rule, Zone 1 shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water. (iii) For surface waters within the 20 Coastal Counties (defined in Rule .0202 of this Subchapter) and within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the most landward limit of the normal high water level or the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water, whichever is more restrictive. (b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Items (9) and (11) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water. (9) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub -Item (10)(a) of this Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below shall be allowable with exception as defined in Sub -Item (10)(a)(v) of this Rule. (a) The following are deemed allowable as defined in Sub -Item (10)(a)(i) of this rule: (i) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state -approved local government stormwater program; and (ii) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance. (b) The following are allowable upon authorization as defined in Sub -Item (10)(a)(ii) of this Rule: (i) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a state stormwater program or a state -approved local government stormwater program; (ii) New drainage conveyances when the drainage area to the conveyance is demonstrated via approved nutrient calculation methodologies to meet the nutrient loading goal of 3.6 pounds per acre per year of Nitrogen (N) outside of the Falls of the Neuse Reservoir Watershed. Within the Falls of the Neuse Reservoir Watershed, new drainage conveyances when the drainage area to the conveyance is demonstrated via approved nutrient calculation methodologies to meet the nutrient loading goal of 2.2 pounds per acre per year of Nitrogen (N) and 0.33 pounds per acre per year of Phosphorus (P); (iii) New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet per second during the peak flow from the 0.75 inch per hour storm; (iv) New stormwater runoff that has been treated through a level spreader -filter strip that complies with 15A NCAC 02H .1059; (v) Realignment of existing drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving the design dimensions provided that no additional travel lanes are added and the minimum required roadway typical section is used based on traffic and safety considerations; (vi) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built -upon area within the drainage area remain the same; (vii) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed; (viii) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures are employed to protect downstream water quality to the maximum extent practical; and (ix) New drainage conveyances where the drainage area to the conveyance has no new built -upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass of existing drainage only. (10) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, shall be designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, allowable with exception or prohibited. (a) Potential new uses shall have the following requirements: (i) DEEMED ALLOWABLE. Uses designated as deemed allowable in Sub -Item (9)(a) and Item (11) of this Rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. In addition, deemed allowable uses shall meet the requirements listed in Item (11) of this Rule for the specific use. (ii) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon authorization in Sub -Item (9)(b) and Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter. (iii) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses designated as allowable with mitigation upon authorization in Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval pursuant to Item (12) of this Rule. (iv) PROHIBITED. Uses designated as prohibited in Item (11) of this Rule may not proceed within the riparian buffer unless a Variance is granted pursuant to Rule .0226 of this Subchapter. Mitigation may be required as a condition of variance approval. (v) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited in Item (11) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval pursuant to (12) of this Rule. (11) TABLE OF USES. The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited: Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (a) Airport facilities: (i) Vegetation removal activities necessary to X comply with Federal Aviation Administration requirements (e.g. line of sight requirements) provided the disturbed areas are stabilized and revegetated (ii) Airport facilities that impact equal to or less X than one-third of an acre of riparian buffer (iii) Airport facilities that impact greater than one- X third of an acre of riparian buffer (b) Archaeological activities X (c) Bridges: (i) Impact equal to or less than one -tenth of an acre X of riparian buffer (ii) Impact greater than one -tenth of an acre of X riparian buffer (d) Dam maintenance activities: (i) Dam maintenance activities that do not cause X additional riparian buffer disturbance beyond the footprint of the existing dam (ii) Dam maintenance activities that do cause X additional riparian buffer disturbance beyond the footprint of the existing dam (e) Drainage of a pond subject to Item (3) of this Rule X provided that a new riparian buffer is established by natural regeneration or planting, within 50 feet of any stream which naturally forms or is constructed within the drained pond area. Drained ponds shall be allowed to naturalize for a minimum of six months from completion of the draining activity before a stream determination is conducted pursuant to Item (4) of this Rule (f) Fences: (i) Fencing livestock out of surface waters X (ii) Installation does not result in removal of trees X from Zone 1 (iii) Installation results in removal of trees from X Zone 1 (g) Fertilizer application: (i) One-time fertilizer application at agronomic X rates in the riparian buffer to establish replanted vegetation. No runoff from this one-time application in the riparian buffer is allowed in the surface water (ii) Ongoing fertilizer application X (h) Forest harvesting - see Rule .0612 of this Subchapter (i) Grading only in Zone 2 provided that the health of X existing vegetation in Zone 1 is not compromised, Item (9) of this Rule is complied with, and disturbed areas are stabilized and reve etated Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (j) Greenways, trails, sidewalks or linear pedestrian/bicycle transportation systems: (i) In Zone 2 provided that no built upon area is X added within the riparian buffer (ii) In Zone 1 provided that no built upon area is X added within the riparian buffer and the installation does not result in the removal of tree(s) (iii) When built upon area is added to the riparian X buffer, equal to or less than 10 feet wide with two foot wide shoulders. Shall be located outside Zone 1 unless there is no practical alternative (iv) When built upon area is added to the riparian X buffer, greater than 10 feet wide with two foot wide shoulders. Shall be located outside Zone 1 unless there is no practical alternative (k) Historic preservation X 1 New Landfills as defined by G.S. 130A-290 X (m) Maintenance access on modified natural streams or X canals: a grassed travelway on one side of the waterbody when less impacting alternatives are not practical. The width and specifications of the travel way shall be only that needed for equipment access and operation. The travelway shall be located to maximize stream shading (n) Mining activities: (i) Mining activities that are covered by the X Mining Act provided that new riparian buffers that meet the requirements of Items (8) and (9) of this Rule are established adjacent to any relocated channels (ii) Mining activities that are not covered by the X Mining Act OR where new riparian buffers that meet the requirements of Items (8) and (9) of this Rule are not established (iii) Wastewater or mining dewatering wells with X approved NPDES permit (o) On -site sanitary sewage systems - new ones that use X ground absorption (p) Pedestrian access trail and associated steps leading to a surface water, dock, canoe or kayak access, fishing pier, boat ramp or other water dependent structure: (i) Equal to or less than six feet wide that does not X result in the removal of tree(s) within the riparian buffer and does not result in the addition of built upon area to the riparian buffer (ii) Equal to or less than six feet wide that results in X the removal of tree(s) or the addition of built upon area to the riparian buffer (iii) Greater than six feet wide X Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (q) Playground equipment: (i) Playground equipment on single-family lots X provided that installation and use does not result in removal of vegetation (ii) Playground equipment on single-family lots X where installation or use results in the removal of vegetation (iii) Playground equipment installed on lands other X than single-family lots (r) Ponds created or modified by impounding streams subject to riparian buffers pursuant to Item (3) of this Rule and not used as stormwater control measures (SCMs): (i) New ponds provided that a riparian buffer that X meets the requirements of Items (8) and (9) of this Rule is established adjacent to the pond (ii) New ponds where a riparian buffer that meets X the requirements of Items (8) and (9) of this Rule is NOT established adjacent to the pond (s) Protection of existing structures and facilities when X this requires additional disturbance to the riparian buffer (t) Public Safety - publicly owned spaces where it has X been determined by the head of the local law enforcement agency with jurisdiction over that area that the riparian buffers pose a risk to public safety. The head of the local law enforcement agency shall notify the local government with land use jurisdiction over the publicly owned space and the Division of Water Resources of any such determination in writing (u) Removal of previous fill or debris provided that Item X (9) of this Rule is complied with and any vegetation removed is restored (v) Residential Properties: Where application of this Rule would preclude construction or expansion of a single-family residence and necessary infrastructure, the single-family residence may encroach in the buffer if all of the following conditions are met: (1) the residence is set back the maximum feasible distance from the top of the bank, rooted herbaceous vegetation, normal high-water level, or normal water level, whichever is applicable, on the existing lot; (2) the residence is designed to minimize encroachment into the riparian buffer; (3) the residence complies with Item (9) of this Rule; and (4) if the residence will be served by an on -site wastewater system, no part of the septic tank or drainfield may encroach into the riparian buffer: (i) The residence or necessary infrastructure only X impact Zone 2 Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (ii) The residence or necessary infrastructure X impact Zone 1 (iii) Impacts other than the residence or necessary X infrastructure (w) Restoration or enhancement (wetland, stream) as defined in 33 CFR Part 332 available free of charge on the internet at: http://water.epa.gov/lawsregs/guidance/wetlands/weti andsmiti gation_index.cfm: (i) Wetland or stream restoration is part of a X compensatory mitigation bank, nutrient offset bank, or the In Lieu Fee program (ii) Wetland or stream restoration other than those X listed above (x) Road, driveway or railroad - impacts other than X perpendicular crossings of streams and other surface waters subject to this Rule (y) Road, driveway or railroad - perpendicular crossings of streams and other surface waters subject to this Rule (i) Impact equal to or less than one -tenth of an acre X of riparian buffer (ii) Impact greater than one -tenth of an acre but X equal to or less than one-third of an acre of riparian buffer (iii) Impact greater than one-third of an acre of X riparian buffer (iv) Driveway crossings in a residential subdivision X that cumulatively impact equal to or less than one-third of an acre of riparian buffer (v) Driveway crossings in a residential subdivision X that cumulatively impact greater than one-third of an acre of riparian buffer (vi) Farm roads and forest roads that are exempt X from permitting from the U.S. Army Corps of Engineers per Section 404(f) of the Federal Clean Water Act (z) Road relocation of existing private access roads associated with public road projects where necessary for public safety: (i) Less than or equal to 2,500 square feet of X riparian buffer impact (ii) Greater than 2,500 square feet of riparian buffer X impact (aa) Scientific studies and stream gauging X (bb) Slatted uncovered decks, including steps and support posts, which are associated with a dwelling, provided that it meets the requirements of Items (8) and (9) of this Rule and: (i) Installation does not result in removal of X vegetation in Zone 1 Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (ii) Installation results in removal of vegetation in X Zone 1 (cc) Stormwater Control Measure (SCM) as defined in 15A NCAC 02H .1002: (i) In Zone 2 if Item (9) of this Rule is complied X with (ii) Installation results in removal of vegetation in X Zone 1 (dd) Streambank or shoreline stabilization X (ee) Temporary roads, provided that the disturbed area is restored to pre -construction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restoration criteria in Rule .0295(i) of this Subchapter: (i) Less than or equal to 2,500 square feet of X riparian buffer disturbance (ii) Greater than 2,500 square feet of riparian buffer X disturbance (iii) Associated with culvert installation or bridge X construction or replacement (ff) Temporary sediment and erosion control devices provided that the disturbed area is restored to preconstruction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restoration criteria in Rule .0295(i) of this Subchapter: (i) In Zone 2 provided that ground cover is X established within the timeframes required by the Sedimentation and Erosion Control Act, vegetation in Zone 1 is not compromised, and that discharge is released in accordance with Item (9) of this Rule (ii) In Zones 1 and 2 to control impacts associated X with uses identified in this Table or uses that have received an Authorization Certificate with Exception provided that sediment and erosion control for upland areas is addressed outside the riparian buffer (iii) In -stream temporary erosion and sediment X control measures for work within a stream channel that is authorized under Sections 401 and 404 of the Federal Clean Water Act Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (gg) Utility Lines - Streambank stabilization for the protection of publicly owned utility lines (not including new line installation): (i) Less than 150 feet of streambank disturbance X (ii) Greater than 150 feet of streambank disturbance X (hh) Utility — Sewer lines — Sanitary Sewer Overflows: (i) Emergency sanitary sewer overflow response X activities, provided that the disturbed area within the riparian buffer outside of the existing utility line maintenance corridor is the minimum necessary to respond to the emergency overflow, is restored to pre - construction topographic and hydrologic conditions, and is replanted with comparable vegetation (e.g. grass with grass, hardwoods with hardwoods) within two months of when disturbance is complete (ii) Emergency sanitary sewer overflow response X activities that do not meet the listing above. For any new proposed permanent impacts that are not a "Deemed Allowable Activity", an application for an Authorization Certificate shall be submitted to the Authority no later than 30 calendar days of conclusion of the emergency response activities (ii) Utility - Sewer Lines — Vegetation maintenance activities that remove forest vegetation from existing sewer utility right of ways (not including new line installation) outside of the existing utility line maintenance corridor: (i) Zone 2 impacts X (ii) Zone 1 impacts: For lines that have not been X maintained, the vegetation can be mowed, cut or otherwise maintained without disturbance to the soil structure for a maintenance corridor that is equal to or less than 30 feet wide (iii) Zone 1 impacts other than those listed above X Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization 0j) Utility - Sewer Lines—Replacement/Rehabilitation of existing sewer lines within, or adjacent to, an existing right of way but outside of an existing utility line maintenance corridor provided that comparable vegetation (e.g. grass with grass, hardwoods with hardwoods) is allowed to regenerate in disturbed riparian buffers outside of the permanent maintenance corridor and riparian buffers outside of the permanent maintenance corridor are not maintained: (i) Permanent maintenance corridor equal to or X less than 30 feet wide provided there is no grading and/or grubbing within 10 feet of the top of bank when the sewer line is parallel to the stream (ii) Grading and/or grubbing within 10 feet of the X top of bank when the sewer line is parallel to the stream and permanent maintenance corridor equal to or less than 30 feet wide (iii) Permanent maintenance corridor greater than 30 X feet wide. For impacts other than perpendicular crossings, mitigation is only required for Zone 1 impacts. For perpendicular crossings that disturb equal to or less than 40 linear feet, no mitigation is required. For perpendicular crossings that disturb greater than 40 linear feet, mitigation is only required for Zone 1 impacts (kk) Utility - Sewer Lines — New Line Construction/Installation Activities — Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule provided that vegetation is allowed to regenerate in disturbed areas outside of the permanent maintenance corridor: (i) Construction corridor of less than or equal to 40 X linear feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide (ii) Construction corridor of greater than 40 linear X feet wide and less than or equal to 150 linear feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide (iii) Construction corridor of greater than 150 linear X feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (iv) Permanent maintenance corridor greater than 30 X feet wide. For impacts other than perpendicular crossings, mitigation is only required for Zone 1 impacts. For perpendicular crossings that disturb equal to or less than 40 linear feet, no mitigation is required. For perpendicular crossings that disturb greater than 40 linear feet, mitigation is only required for Zone 1 impacts (11) Utility - Sewer Lines — New Line Construction/Installation Activities — Impacts other than perpendicular crossings provided that vegetation is allowed to regenerate in disturbed areas outside of the permanent maintenance corridor: (i) Zone 2 impacts X (ii) Zone 1 impacts to less than 2,500 square feet X when impacts are solely the result of tying into an existing utility line and when grubbing or grading within 10 feet immediately adjacent to the surface water is avoided (iii) Zone 1 impacts other than those listed above X (mm) Utility - Non -Sewer Underground Lines — Vegetation maintenance activities that remove forest vegetation from existing utility right of ways (not including new line installation) outside of the existing utility line maintenance corridor: (i) Zone 2 impacts X (ii) Zone 1 impacts: For lines that have not been X maintained, the vegetation can be mowed, cut or otherwise maintained without disturbance to the soil structure for a maintenance corridor that is equal to or less than 30 feet wide (iii) Zone I impacts other than those listed above X (nn) Utility — Non -Sewer Underground Lines — Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule provided that vegetation is allowed to regenerate in disturbed areas outside of the permanent maintenance corridor: (i) Construction corridor of less than or equal to 50 X linear feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide (ii) Construction corridor of greater than 50 linear X feet wide and less than or equal to 150 linear feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide (iii) Construction corridor of greater than 150 linear X feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (iv) Permanent maintenance corridor that is greater X than 30 linear feet wide (mitigation is required only for Zone 1 impacts) (oo)Utility — Non -Sewer Underground Lines — Impacts other than perpendicular crossings provided that vegetation is allowed to regenerate in disturbed areas outside of the permanent maintenance corridor: (i) Zone 2 impacts X (ii) Zone 1 impacts to less than 2,500 square feet X when impacts are solely the result of tying into an existing utility line and when grubbing or grading within 10 feet immediately adjacent to the surface water is avoided iii Zone 1 impacts other than those listed above X (pp) Utilities — Non -sewer aerial lines - Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule: (i) Disturb equal to or less than 150 linear feet X wide of riparian buffer provided that a minimum zone of 10 feet wide immediately adjacent to the waterbody is managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed, that no land grubbing or grading is conducted in Zone 1, and that poles or aerial infrastructure are not installed within 10 feet of a waterbody (ii) Disturb greater than 150 linear feet wide of X riparian buffer (qq) Utilities — Non -sewer aerial lines - Impacts other than perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule: (i) Impacts in Zone 2 only X (ii) Impacts in Zone 1 provided that a minimum X zone of 10 feet wide immediately adjacent to the waterbody is managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed, that no land grubbing or grading is conducted in Zone 1, and that poles or aerial infrastructure are not installed within 10 feet of a waterbody (rr) Vegetation management: (i) Emergency fire control measures provided that X topography is restored (ii) Periodic mowing and harvesting of plant X products only in Zone 2 Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (iii) Placement of mulch ring around restoration X plantings for a period of five years from the date of planting (iv) Planting non-invasive vegetation to enhance the X riparian buffer (v) Pruning forest vegetation provided that the X health and function of the forest vegetation is not compromised (vi) Removal of individual trees, branches or limbs X which are in danger of causing damage to dwellings, existing utility lines, other structures or human life, or are imminently endangering stability of the streambank provided that the stumps are left or ground in place without causing additional land disturbance (vii) Removal of individual trees that are dead, X diseased or damaged (viii) Removal of poison ivy, oak or sumac. Removal X can include application of pesticides within the riparian buffer if the pesticides are certified by EPA for use in or near aquatic sites and are applied in accordance with the manufacturer's instructions. If removal is significant, then the riparian buffer shall be replanted with non- invasive species (ix) Removal of understory nuisance vegetation as X defined in: Smith, Cherri L. 2008. Invasive Plants of North Carolina. Dept. of Transportation. Raleigh, NC (available at http://portal.ncdenr.org/c/document_ library/get _file?uuid=Oacc6377-ea07-42dc-bb27- 45a78dlc7ebe&groupld=38364). Removal can include application of pesticides within the riparian buffer is the pesticides are certified by EPA for use in or near aquatic sites and are applied in accordance with the manufacturer's instructions. If removal is significant then the riparian buffer shall be replanted with non- invasive species (x) Removal of woody vegetation in Zone 1 X provided that Item (9) of this Rule is complied with (ss) Vehicle access roads and boat ramps (excluding parking areas) leading to surface water, docks, fishing piers, and other water dependent activities: (i) Single vehicular access road and boat ramp to X the surface water but not crossing the surface water that are restricted to the minimum width practicable not to exceed 15 feet wide Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization (ii) Vehicular access roads and boat ramps to the X surface water but not crossing the surface water that are restricted to the minimum width practicable and exceed 15 feet wide (tt) Water dependent structures (except for boat ramps) X as defined in Rule .0202 of this Subchapter (uu) Water supply reservoirs: (i) New reservoirs provided that a riparian buffer X that meets the requirements of Items (8) and (9) of this Rule is established adjacent to the reservoir (ii) New reservoirs where a riparian buffer that X meets the requirements of Items (8) and (9) of this Rule is NOT established adjacent to the reservoir (vv) Water wells X ww Wildlife passage structures X (12) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation upon authorization as defined in Sub -Item (10)(a)(iii) of this Rule or allowable with exception as defined in Sub -Item (10)(a)(v) of this Rule shall meet the following requirements in order to proceed with their proposed use. (a) Obtain an Authorization Certificate pursuant to Rule .0611 of this Subchapter; and (b) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter. (13) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs pursuant to Rule .0235 of this Subchapter shall have two options for ensuring protection of riparian buffers on new developments within their jurisdictions as follows. (a) Obtain authority to implement a local riparian buffer protection program pursuant to Rule .0715 of this Section; or: (b) Refrain from issuing local approvals for new development projects unless either: (i) The person requesting the approval does not propose to impact the riparian buffer as described in Item (3) of this Rule; or (ii) The person requesting the approval proposes to impact the riparian buffer as described in Item (3) of this Rule and either: (A) Has received an on -site determination from the Authority pursuant to Item (4) of this Rule that surface waters are not present in the location of the proposed impact; (B) The activity is designated as exempt under this Rule; (C) Has received an Authorization Certificate from the Authority pursuant to Rule .0611 of this Subchapter for uses designated as allowable upon authorization under this Rule; (D) Has received an Authorization Certificate from the Authority pursuant to Rule .0611 of this Subchapter and obtained the Authority's approval on a mitigation plan pursuant to Item (11) of this Rule for uses designated as allowable with mitigation upon authorization under this Rule; (E) Has received an Authorization Certificate with Exception from the Authority pursuant to Rule .0611 of this Subchapter; or (F) Has received a Variance pursuant to Rule .0611 of this Subchapter. (14) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all federal, state and local regulations and laws. History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1995-572; S.L. 2011-394; S.L. 2012- 200; S.L. 2013-413; S.L. 2015-246; S.L. 2017-209; Temporary Adoption Eff. July 22, 1997; Temporary Adoption Eff. June 22, 1999; April 22, 1998; January 22, 1998; Eff. August 1, 2000; Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0233). 15A NCAC 02B .0610 MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS: DEFINITIONS For the purposes of this Section, the following words and phrases shall mean: (1) "Airport Facilities" means all properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases "air navigation facility," "airport," or "airport protection privileges" under G.S. 63-1; the definition of "aeronautical facilities" in G.S. 63-79(1); the phrase "airport facilities" as used in G.S. 159- 48(b)(1); the phrase "aeronautical facilities" as defined in G.S. 159-81 and G.S. 159-97; and the phrase "airport facilities and improvements" as used in Article V, Section 13, of the North Carolina Constitution. The term shall include: (a) airports; (b) airport maintenance facilities; (c) aeronautic industrial facilities that require direct access to the airfield; (d) clear zones; (e) drainage ditches; (f) fields; (g) hangars; (h) landing lighting; (i) airport and airport -related offices; 0) parking facilities; (k) related navigational and signal systems; (1) runways; (m) stormwater outfalls; (n) terminals; (o) terminal shops; (p) all appurtenant areas used or suitable for airport buildings or other airport facilities; and (q) all appurtenant rights -of -way; restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or interests in, air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe operation thereof and any combination of any or all of such facilities. The following shall not be included in the definition of "airport facilities": Satellite parking facilities; retail and commercial development outside of the terminal area, such as rental car facilities; and other secondary development, such as hotels, industrial facilities, free-standing offices and other similar buildings, so long as these facilities are not directly associated with the operation of the airport, and are not operated by a unit of government or special governmental entity such as an airport authority, in which case they are included in the definition of "airport facilities." (2) "Archaeological activities" means activities conducted by a Registered Professional Archaeologist (RPA). (3) "Authority" means either the Division or a local government that has been delegated pursuant this Section to implement a riparian buffer program. (4) 'Bridge" means any spanning structure that begins and ends at the outer edge of the approach slabs and includes any support structures such as bents, pilings, footings, etc. (5) 'Built -upon area" means the term as defined in G.S. 143-214.7(b2). (6) "Channel" means a natural water -carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. (7) "Coastal wetlands" means marshland as defined in G.S. 113-229. (8) "Dam" means the term as defined in G.S. 143-215.25. (9) "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level. (10) "Development" means the term as defined in G.S. 143-214.7. (11) "Director" means the Director of the Division. (12) "Ditch or canal' means a man-made, open drainage way or channel other than a modified natural stream in or into which excess surface water or groundwater from land, stormwater runoff, or floodwaters flow either ephemerally, intermittently, or perennially. On the coastal plain, ditches are typically dug through inter -stream divide areas. (13) "Division" means the Division of Water Resources of the North Carolina Department of Environmental Quality. (14) "Ephemeral stream" means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the perched or seasonal high water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water. (15) "Existing lot" in Randleman Lake watershed means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to the effective date of a local ordinance or ordinances enforcing Rule .0724 of this Subchapter. For activities listed in Rule .0724(12)(b) of this Subchapter, "existing lot" in the Randleman Lake watersheds means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to April 1, 1999. "Existing lot" in the Neuse and Tar - Pamlico river basins means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to August 1, 2000. (16) "Existing utility line maintenance corridor" means the portion of a utility right of way that was established as a permanent maintenance corridor prior to the effective date of the Rule, or was approved as a permanent maintenance corridor through an Authorization Certificate or Variance issued by the Authority, and in which the vegetation has been maintained (e.g. can be mowed without a chainsaw or bush -hog). (17) "Fertilizer" means the term as defined in Rule .0202 of this Subchapter. (18) "Forest management plan" means the term as defined in G.S. 160A-458.5. (19) "Forest plantation" means an area of planted trees that may be conifers (pines) or hardwoods. On a forest plantation, the intended crop trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried into the site. (20) "Forest vegetation" means the term as defined in Rule .0202 of this Subchapter. (21) "Freshwater" means the term as defined in Rule .0202 of this Subchapter. (22) "Greenway / Hiking Trails" means pedestrian trails constructed of pervious and impervious surfaces and related structures including boardwalks, steps, rails, and signage, and that generally run parallel to the surface water. (23) "High value tree" means a tree that meets or exceeds the following standards: for pine species, 14- inch DBH or greater or 18-inch or greater stump diameter; or for non -pine species, 16-inch DBH or greater or 24-inch or greater stump diameter. (24) "Intermittent stream" means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the perched or seasonal high water table. The flow may be supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water. (25) "Local government" means the term as defined in Rule .0202 of this Subchapter. (26) "Modified natural stream" means an on -site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical characteristics commonly associated with at least an intermittent conveyance of water. (27) "Natural drainageway" means any water course, channel, ditch, or similar physiographic feature draining water from land to down gradient areas. (28) "Normal water level' means the water level within a pond, lake, or other type of impoundment, natural or man-made (including beaver ponds), at the elevation of the outlet structure or spillway (i.e., the elevation of the permanent pool). The normal water level is typically identified by the lowest edge of the terrestrial vegetation. (29) "Perched water table" means the term as defined in 15A NCAC 18A .1935. (30) "Perennial stream" means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the perched or seasonal high water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. (31) "Perennial waterbody" means a natural or man-made watershed that stores surface water permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non -stream estuaries and ocean. (32) "Perpendicular" means leading toward the nearest subject surface water at an angle between 75 and 105 degrees. (33) "Pruning" means the removal of dead tree or shrub branches or live tree or shrub branches with a diameter of less than four inches. (a) Pruning for Deciduous Trees: if pruning must be done on deciduous trees, then it shall only be performed once a year during the dormant season or following an "act of God" situation, such as a hurricane or ice storm that causes tree damage. Dead branches on trees may be removed any time. (b) Pruning for Coniferous Trees: Conifers may be pruned any time of year. Dead branches on trees may be removed any time. (c) Pruning for Shrubs: Shrubs may be pruned by selectively removing branches while maintaining the natural shape of the plant. Cutting the branches of a shrub down to its main trunk is not a selective removal of branches. (34) "Seasonal high water table" means the term as defined in 15A NCAC 02H .1002. (35) "Streambank or shoreline stabilization" is the in -place stabilization of an eroding streambank or shoreline. (36) "Stormwater Control Measure" or "SCM," also known as 'Best Management Practice" or "BMP," means the term as defined in 15A NCAC 02H .1002. (37) "Stump diameter" means the diameter of a tree measured at six inches above the ground surface level. (38) "Temporary road" means a road constructed temporarily for access or to maintain public traffic during construction and is restored upon completion of construction. (39) "Transportation facility" means the existing road surface, road shoulders, fill slopes, ferry terminal fill areas, and constructed stormwater conveyances or drainage canals adjacent to and directly associated with the road. (40) "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches. (41) "Wetlands" means the same as defined in Rule .0202 of this Subchapter. History Note: Authority G.S. 143-214.1; 143-214.7; 143-214.23; 143-214.23A; 143-215.3(a)(1); 143-215.8A; S.L. 1995-572; S.L. 1999-329; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413, S.L. 2015-246; Eff. June 15, 2020 (The provisions of this Rule were previously codified in 15A NCAC 02B .0233(2), 15A NCAC 02B .0243(2), 15A NCAC 02B .0250(2), and 15A NCAC 02B .0259(2)). David Lee From: David Lee Sent: Monday, April 26, 2021 8:53 AM To: Wojoski, Paul A Cc: Sam Bratton; Bob Zarzecki; Cole Atkins Subject: FW: Response to DEMLR request concerning security fencing in NRB.pdf Attachments: Response to DEMLR request concerning security fencing in NRB.pdf, April 14, 2021 additional info request.pdf Good morning Paul. I hope you had a nice weekend. I'm reaching out once again to get your concurrence on our interpretation of the Neuse River Riparian Buffer rules as they apply to fence construction in the buffer zone. I would appreciate a return email confirming my interpretation of the rule as detailed in my original email of April 14tn Thank you. -David From: David Lee Sent: Wednesday, April 14, 2021 1:57 PM To: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Cc: Bob Zarzecki <bzarzecki@sandec.com>; Cole Atkins <coleatkins@wakestonecorp.com>; Sam Bratton <samuelbratton@wakestonecorp.com> Subject: Response to DEMLR request concerning security fencing in NRB.pdf Good afternoon Paul. I hope you are well. We continue to provide information to the NCDEMLR Mining Program staff concerning our proposed expansion of the Triangle Quarry onto the RDU Odd Fellows tract. One of the questions DEMLR has raised is related to our proposed construction of an "RDU style" security fencing around the proposed mine site. The fence as proposed would cross Neuse River Riparian Buffers associated with (the erroneously named) "Foxcroft Lake" and Crabtree Creek. It is our understanding that fencing is an allowable use within the Neuse River Riparian Buffer so long as no trees greater than or equal to 5" DBH/6" stump diameter are removed within Zone 1 of the buffer. We have provided DEMLR staff a written description of our plans to install the fence without any such tree removal within Zone 1 (see the attached narrative that was part of our March 22, 2021 response to DEMLR's second request for additional information), and have conveyed to them our understanding that no buffer authorization is required given these conditions are met. Per Item 4 of DEMLR's third additional information request letter dated April 14, 2021 (copy attached), DEMLR is again requesting proof that the proposed "security fence meets the requirements of the Neuse River buffer rules". We believe our interpretation of the buffer rules to be correct, and would appreciate your concurrence via return email that our interpretation of the Neuse River Riparian Buffer Rule is correct, and that a fence constructed under the described conditions/methodologies is deemed an Allowable Use that does not require a Buffer Authorization from the NC DWR. Thank you! -David David F. Lee Head Geologist/Environmental Supervisor Wake Stone Corporation (919) 266-1100 WAKE STONE CORPORATION ROY COOPER Govermor DIONNE DFIAA-GATTI Serretat)- BRIAN WRENN Direc for Certified Mail Return Receipt Requested 7016 2140 0000 4367 7017 David Lee Wake Stone Corporation Company P O Box 190 Knightdale, NC 27545 RE: Cary (Triangle) Quarry Mining Permit No. 92-10 Wake County Neuse River Basin Dear Mr. Lee: NORT'll CAROLINA Environmental Qualih, April 14, 2021 We have reviewed the modification request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with G.S. §74-50 and §74-51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Please supply a list of all equipment that was modeled and its location for the "Wake Stone Triangle Quarry Expansion Acoustical Study." 2. Please supply a copy of the March 12, 2021 "Wake Stone Triangle Quarry Expansion Acoustical Study" that provides tracked changes from the February 11, 2021 draft version. 3. The current maps provide the location of a concrete washout on the northwest (new pit) side of Crabtree Creek, but no concrete washout is shown on the south/east (existing pit) side of the creek. Please supply corrected drawings showing the concrete washout(s) on the south/east pit, or an explanation why a washout is not needed. 4. Please supply proof that the security fence meets the requirements of the Neuse River buffer rules. Has a buffer authorization been provided? 5. It is recommended that Wake Stone upsize the riser pipe diameter on Basin #4 so that it is a size or two larger than the barrel pipe. This will prevent potential hydraulic conditions that can reduce outflows and overall hydraulic efficiency. 6. We have received additional information regarding Reclamation Condition No. 5, subparagraph B (the "Sunset Clause"). As a result, please provide all current and historical information, including documents and communications, regarding this Condition that you have in your possession or to which you have access. To the extent available, this includes information dating between the hearing conducted by the Mining Commission on or around December 16, 1980 and issuance of the Mining DIW»Ih Cw Mira pepar lrtwY,Aof EnrburwnHNal Qualoy f [)Msmm of Energy.l►R mal and L�nJ Remaa t e. , E817 NMJh SaikbUry SUerl Ibil U" Service Comer RaL401 North C-MFW a 27e" 1611 pipe). Include a stone pad for the skimmer to rest upon and a rope attached to the skimmer for maintenance in the plan detail. Include the basin surface area dimensions, depth, side slopes, dam height, embankment width, length of emergency spillway, skimmer size, skimmer orifice size, and dewatering time on the plan sheets. REVISION NEEDED: Overland flow is still entering basin 4 as sheet flow from the upgradient area. Diversion ditches 10, 11, and 12 and an additional slope drain and energy dissipater have been added to prevent overland flow directly into basin 4. Locations are illustrated on Erosion Control Plan SITE 5 and 7, and energy dissipater details are included on SITE 11. nn. Provide design calculations, a plan detail, construction specifications, and maintenance requirements for the outlet stabilization structures. Construction specifications for the outlet stabilization structure are to include the width of the apron at the pipe outlet and at the end of the apron, the length of the apron, the stone size, and depth of stone. REVISION, OR CLARIFICATION NEEDED: Normal standard is that any basin expected to have a life of 1 year or more should be designed based on the 25-year storm. Applicant needs to specify how long each basin will remain in use. On Erosion Control Plan SITE 12, "Expected Duration of Use" has been added to the Table SKIMMER SEDIMENT BASIN DESIGN DATA. 20. New issue raised by modification to application: On the original Erosion Control Plan and Wake Stone Site Plans, a fifty -foot undisturbed buffer was illustrated along the northern proposed permit boundary, with a security fence as proposed by RDU Airport Authority. RDUAA proposed only ten feet of undisturbed buffer with a thirty-foot clearing for the security fence, essentially clearing our proposed buffer. Therefore, after negotiations with RDUAA, Wake Stone has agreed to provide the security fence for the Odd Fellows tract. Wake Stone will still be required to use the style of fence proposed by RDUAA as illustrated "Typical RDU Security Fence" on page 10 of 11 of WSC Site Plans, but instead of a ten -foot undisturbed buffer and thirty-foot clearing, we are proposing a 25-foot undisturbed buffer, a 10-foot clearing outside the fence, and 15-foot clearing inside the fence. However, the clearing for the fence will only be removal of vegetation; stumps will either remain or be ground in place, and mulch used for ground cover. No clearing will take place in zone 1 of the Neuse Buffer and only minimal clearing of vegetation in zone 2 in order to continue the fence across the buffers around Foxcroft Lake and to extend to Crabtree Creek at the western and eastern property boundaries. This fence installation was not included in the first submittal package that underwent our initial review and public comment. 1) Due to the fence installation, the undisturbed buffer has been reduced from 50' to 25'. 2) Trees will be removed as part of the installation. Per the Riparian Neuse Buffer Rules, effective June 15, 2020, fence installation that results in the removal of trees from Zone 1 is Allowable with Authorization. Buffer Authorization is required. Please provide a copy of this authorization. 3) Include all fence installation areas within Limits of Disturbance table shown on drawing 2 of 11, and 3 of 11 of Site Plan Map. WSC Response 20. 1) On the Erosion and Sediment Control Plan and Wake Stone Site Plans accompanying the April 8, 2020 Mining Permit Modification Application, a fifty -foot undisturbed buffer was illustrated along the northern and western proposed permit boundaries. Within that proposed buffer, a perimeter security fence as then proposed by RDU Airport Authority was also illustrated. RDUAA's proposed fencing plan would have provided only ten feet of undisturbed buffer setback from the property line, with a thirty- foot clearing proposed for security fence installation and a maintenance/patrol corridor. RDUAA temporarily halted their security fencing plan to address public concern, and ultimately removed the Odd Fellows tract from the overall fence plan. In so doing, RDUAA and WSC agreed that WSC would install security fencing of a comparable style to that proposed by RDUAA. WSC recognized this as an opportunity to provide a greater width undisturbed existing vegetation buffer along the northern and western property/permit boundaries. In our January 11, 2021 response to Item 20 of the July 23, 2020 ADI letter we provided the following discussion: "Additional Considerations: On the original Erosion Control Plan and Wake Stone Site Plans, a fifty -foot undisturbed buffer was illustrated along the northern proposed permit boundary, with a security fence as proposed by RDU Airport Authority. RDUAA proposed only ten feet of undisturbed buffer with a thirty-foot clearing for the security fence, essentially clearing our proposed buffer. Therefore, after negotiations with RDUAA, Wake Stone has agreed to provide the security fence for the Odd Fellows tract. Wake Stone will still be required to use the style of fence proposed by RDUAA as illustrated "Typical RDU Security Fence" on page 10 of 11 of WSC Site Plans, but instead of a ten -foot undisturbed buffer and thirty-foot clearing, we are proposing a 25-foot undisturbed buffer, a 10-foot clearing outside the fence, and 15-foot clearing inside the fence. However, the clearing for the fence will only be removal of vegetation; stumps will either remain or be ground in place, and mulch used for ground cover. No clearing will take place in zone 1 of the Neuse Buffer and only minimal clearing of vegetation in zone 2 in order to continue the fence across the buffers around Foxcroft lake and to extend to Crabtree Creek at the western and eastern property boundaries." We also provided revised Erosion and Sediment Control Plan and Site Plan drawing sets illustrating the revised security fence and expanded undisturbed buffers. We believed we had clearly stated our plans for installing perimeter fencing by removal of only the minimal vegetation necessary, and without soil surface disturbance (clearing and grubbing). To reiterate this plan, our intention is to retain an undisturbed 25' wide buffer of existing vegetation along the northern and western permit boundaries. On the mine side of these undisturbed buffers, we plan to remove only such vegetation as necessary to install the RDUAA stipulated chain -link security fencing. No grubbing activities are planned. Tree stumps within the fence alignment will be shredded/mulched to land surface and the mulch used as ground cover. Any other trees cut for fence installation or future maintenance will be cut as near ground level as possible. The stumps will be left intact. Tree trunks and limbs will be removed using small rubber tracked skid -steer loaders. Fence post holes will be installed using the same small rubber -tracked skid -steer with 12" power auger attachment. Concrete for post anchors will be placed using the some small equipment. 20. 2) As we stated in the "Additional Considerations" paragraph of the January 11, 2021 supplemental data submittal, WSC will not remove trees within Zone 1 of the Neuse River Riparian Buffer area. Pursuant to 15A NCAC 02B .0714 (11) (f) (ii), fences are allowed within the Neuse River Riparian Buffer if "installation does not result in removal of trees from Zone 1". Per supporting information found at 15A NCAC 02B .0610 (40), "Tree means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches." DBH is defined at 15A NCAC 02B .0610 (9) to mean "diameter at breast height of a tree measured 4.5 feet above ground surface level". During installation of the proposed perimeter security fence through any portion of Zone 1 of the Neuse River Riparian Buffer areas associated with Foxcroft Lake or Crabtree Creek, no trees with a DBH equal to or greater than five inches or having a stump diameter exceeding six inches will be removed. Under these constraints, no Neuse River Riparian Buffer Authorization is required for construction of said fencing. 20. 3) A new hatch pattern for the fence construction zone has been added to Site Plan Maps and corresponding legends. Areas of fence installation have been tabulated and are included on pages 2 of 12 and 3 of 12 of the Site Plan Maps as a "special land use category" per your request. The tables illustrated on these pages however represent "Affected Areas" under the mining program which are typically used for the purposes of quantifying and tracking mine reclamation requirements. "Affected land" as defined in the Mining Act of 1971 (N.C. General Statutes, Chapter 74) is "the surface area of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on which overburden and waste is deposited, and the surface area of land used for processing or treatment plant, stockpiles, nonpublic roads, and settling ponds". Minimal tree removal with stumps either left in place or ground, and mulch used for stabilization, does not constitute soil being exposed to accelerated erosion. Furthermore, in the absence of inclusion in the categories of tailings ponds, stock piles, waste piles, plant area, or mine excavation, this area should not be considered "affected" for purposes of this mining permit modification application. The security fence construction area is however included in the Limits of Disturbance, as illustrated in the Erosion Control Plan. David Lee From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Tuesday, April 20, 2021 2:30 PM To: Wojoski, Paul A Cc: Cole Atkins; Sam Bratton; David Lee Subject: RE: Response to DEMLR request concerning security fencing in NRB.pdf Attachments: Response to DEMLR request concerning security fencing in NRB.pdf; April 14, 2021 additional info request.pdf Importance: High Paul: We wanted to follow up with you on this. Please confirm that the construction of the fence in the buffer as proposed in the email below is a "Deemed Allowable" use that does not require DWR's approval per 15A NCAC 02B . 0714(11)(f)(i)(ii). 15a ncac 02b .0714.pdf (state.nc.us) Thanks. BOB ZARZECKI Wetlands Department Manager/Principal Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 256-4517 Mobile (919) 270-2068 bzarzecki(@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. NA Please consider the environment before printing this email. From: David Lee <davidlee@wakestonecorp.com> Sent: Wednesday, April 14, 2021 1:57 PM To: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Cc: Bob Zarzecki <bzarzecki@sandec.com>; Cole Atkins <coleatkins@wakestonecorp.com>; Sam Bratton <samuelbratton@wakestonecorp.com> Subject: Response to DEMLR request concerning security fencing in NRB.pdf Good afternoon Paul. I hope you are well. We continue to provide information to the NCDEMLR Mining Program staff concerning our proposed expansion of the Triangle Quarry onto the RDU Odd Fellows tract. One of the questions DEMLR has raised is related to our proposed construction of an "RDU style" security fencing around the proposed mine site. The fence as proposed would cross Neuse River Riparian Buffers associated with (the erroneously named) "Foxcroft Lake" and Crabtree Creek. It is our understanding that fencing is an allowable use within the Neuse River Riparian Buffer so long as no trees greater than or equal to 5" DBH/6" stump diameter are removed within Zone 1 of the buffer. We have provided DEMLR staff a written description of our plans to install the fence without any such tree removal within Zone 1(see the attached narrative that was part of our March 22, 2021 response to DEMLR's second request for additional information), and have conveyed to them our understanding that no buffer authorization is required given these conditions are met. Per Item 4 of DEMLR's third additional information request letter dated April 14, 2021 (copy attached), DEMLR is again requesting proof that the proposed "security fence meets the requirements of the Neuse River buffer rules". We believe our interpretation of the buffer rules to be correct, and would appreciate your concurrence via return email that our interpretation of the Neuse River Riparian Buffer Rule is correct, and that a fence constructed under the described conditions/methodologies is deemed an Allowable Use that does not require a Buffer Authorization from the NC DWR. Thank you! -David David F. Lee Head Geologist/Environmental Supervisor Wake Stone Corporation (919) 266-1100 WAKESTONE CORPORATION pipe). Include a stone pad for the skimmer to rest upon and a rope attached to the skimmer for maintenance in the plan detail. Include the basin surface area dimensions, depth, side slopes, dam height, embankment width, length of emergency spillway, skimmer size, skimmer orifice size, and dewatering time on the plan sheets. REVISION NEEDED: Overland flow is still entering basin 4 as sheet flow from the upgradient area. Diversion ditches 10, 11, and 12 and an additional slope drain and energy dissipater have been added to prevent overland flow directly into basin 4. Locations are illustrated on Erosion Control Plan SITE 5 and 7, and energy dissipater details are included on SITE 11. nn. Provide design calculations, a plan detail, construction specifications, and maintenance requirements for the outlet stabilization structures. Construction specifications for the outlet stabilization structure are to include the width of the apron at the pipe outlet and at the end of the apron, the length of the apron, the stone size, and depth of stone. REVISION, OR CLARIFICATION NEEDED: Normal standard is that any basin expected to have a life of 1 year or more should be designed based on the 25-year storm. Applicant needs to specify how long each basin will remain in use. On Erosion Control Plan SITE 12, "Expected Duration of Use" has been added to the Table SKIMMER SEDIMENT BASIN DESIGN DATA. 20. New issue raised by modification to application: On the original Erosion Control Plan and Wake Stone Site Plans, a fifty -foot undisturbed buffer was illustrated along the northern proposed permit boundary, with a security fence as proposed by RDU Airport Authority. RDUAA proposed only ten feet of undisturbed buffer with a thirty-foot clearing for the security fence, essentially clearing our proposed buffer. Therefore, after negotiations with RDUAA, Wake Stone has agreed to provide the security fence for the Odd Fellows tract. Wake Stone will still be required to use the style of fence proposed by RDUAA as illustrated "Typical RDU Security Fence" on page 10 of 11 of WSC Site Plans, but instead of a ten -foot undisturbed buffer and thirty-foot clearing, we are proposing a 25-foot undisturbed buffer, a 10-foot clearing outside the fence, and 15-foot clearing inside the fence. However, the clearing for the fence will only be removal of vegetation; stumps will either remain or be ground in place, and mulch used for ground cover. No clearing will take place in zone 1 of the Neuse Buffer and only minimal clearing of vegetation in zone 2 in order to continue the fence across the buffers around Foxcroft Lake and to extend to Crabtree Creek at the western and eastern property boundaries. This fence installation was not included in the first submittal package that underwent our initial review and public comment. 1) Due to the fence installation, the undisturbed buffer has been reduced from 50' to 25'. 2) Trees will be removed as part of the installation. Per the Riparian Neuse Buffer Rules, effective June 15, 2020, fence installation that results in the removal of trees from Zone 1 is Allowable with Authorization. Buffer Authorization is required. Please provide a copy of this authorization. 3) Include all fence installation areas within Limits of Disturbance table shown on drawing 2 of 11, and 3 of 11 of Site Plan Map. WSC Response 20. 1) On the Erosion and Sediment Control Plan and Wake Stone Site Plans accompanying the April 8, 2020 Mining Permit Modification Application, a fifty -foot undisturbed buffer was illustrated along the northern and western proposed permit boundaries. Within that proposed buffer, a perimeter security fence as then proposed by RDU Airport Authority was also illustrated. RDUAA's proposed fencing plan would have provided only ten feet of undisturbed buffer setback from the property line, with a thirty- foot clearing proposed for security fence installation and a maintenance/patrol corridor. RDUAA temporarily halted their security fencing plan to address public concern, and ultimately removed the Odd Fellows tract from the overall fence plan. In so doing, RDUAA and WSC agreed that WSC would install security fencing of a comparable style to that proposed by RDUAA. WSC recognized this as an opportunity to provide a greater width undisturbed existing vegetation buffer along the northern and western property/permit boundaries. In our January 11, 2021 response to Item 20 of the July 23, 2020 ADI letter we provided the following discussion: "Additional Considerations: On the original Erosion Control Plan and Wake Stone Site Plans, a fifty -foot undisturbed buffer was illustrated along the northern proposed permit boundary, with a security fence as proposed by RDU Airport Authority. RDUAA proposed only ten feet of undisturbed buffer with a thirty-foot clearing for the security fence, essentially clearing our proposed buffer. Therefore, after negotiations with RDUAA, Wake Stone has agreed to provide the security fence for the Odd Fellows tract. Wake Stone will still be required to use the style of fence proposed by RDUAA as illustrated "Typical RDU Security Fence" on page 10 of 11 of WSC Site Plans, but instead of a ten -foot undisturbed buffer and thirty-foot clearing, we are proposing a 25-foot undisturbed buffer, a 10-foot clearing outside the fence, and 15-foot clearing inside the fence. However, the clearing for the fence will only be removal of vegetation; stumps will either remain or be ground in place, and mulch used for ground cover. No clearing will take place in zone 1 of the Neuse Buffer and only minimal clearing of vegetation in zone 2 in order to continue the fence across the buffers around Foxcroft Lake and to extend to Crabtree Creek at the western and eastern property boundaries." We also provided revised Erosion and Sediment Control Plan and Site Plan drawing sets illustrating the revised security fence and expanded undisturbed buffers. We believed we had clearly stated our plans for installing perimeter fencing by removal of only the minimal vegetation necessary, and without soil surface disturbance (clearing and grubbing). To reiterate this plan, our intention is to retain an undisturbed 25' wide buffer of existing vegetation along the northern and western permit boundaries. On the mine side of these undisturbed buffers, we plan to remove only such vegetation as necessary to install the RDUAA stipulated chain -link security fencing. No grubbing activities are planned. Tree stumps within the fence alignment will be shredded/mulched to land surface and the mulch used as ground cover. Any other trees cut for fence installation or future maintenance will be cut as near ground level as possible. The stumps will be left intact. Tree trunks and limbs will be removed using small rubber tracked skid -steer loaders. Fence post holes will be installed using the some small rubber -tracked skid -steer with 12" power auger attachment. Concrete for post anchors will be placed using the some small equipment. 20. 2) As we stated in the "Additional Considerations" paragraph of the January 11, 2021 supplemental data submittal, WSC will not remove trees within Zone 1 of the Neuse River Riparian Buffer area. Pursuant to 15A NCAC 02B .0714 (11) (f) (ii), fences are allowed within the Neuse River Riparian Buffer if "installation does not result in removal of trees from Zone 1". Per supporting information found at 15A NCAC 02B .0610 (40), "Tree means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches." DBH is defined at 15A NCAC 02B .0610 (9) to mean "diameter at breast height of a tree measured 4.5 feet above ground surface level". During installation of the proposed perimeter security fence through any portion of Zone 1 of the Neuse River Riparian Buffer areas associated with Foxcroft lake or Crabtree Creek, no trees with a DBH equal to or greater than five inches or having a stump diameter exceeding six inches will be removed. Under these constraints, no Neuse River Riparian Buffer Authorization is required for construction of said fencing. 20.3) A new hatch pattern for the fence construction zone has been added to Site Plan Maps and corresponding legends. Areas of fence installation have been tabulated and are included on pages 2 of 12 and 3 of 12 of the Site Plan Maps as a "special land use category" per your request. The tables illustrated on these pages however represent "Affected Areas" under the mining program which are typically used for the purposes of quantifying and tracking mine reclamation requirements. "Affected land" as defined in the Mining Act of 1971 (N.C. General Statutes, Chapter 74) is "the surface area of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on which overburden and waste is deposited, and the surface area of land used for processing or treatment plant, stockpiles, nonpublic roads, and settling ponds". Minimal tree removal with stumps either left in place or ground, and mulch used for stabilization, does not constitute soil being exposed to accelerated erosion. Furthermore, in the absence of inclusion in the categories of tailings ponds, stock piles, waste piles, plant area, or mine excavation, this area should not be considered "affected" for purposes of this mining permit modification application. The security fence construction area is however included in the Limits of Disturbance, as illustrated in the Erosion Control Plan. r` ' K4)Y COOPER Governor DIONNE DELLI-GATTI S^rratan, BRIAN WRENN NORTH CAROLINA Director Environmental Quality April 14, 2021 Certified Mail Return Receipt Requested 7016 2140 0000 4367 7017 David Lee Wake Stone Corporation Company P O Box 190 Knightdale, NC 27545 RE: Cary (Triangle) Quarry Mining Permit No. 92-10 Wake County Neuse River Basin Dear Mr. Lee: We have reviewed the modification request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with G.S. §74-50 and §74-51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: l . Please supply a list of all equipment that was modeled and its location for the "Wake Stone Triangle Quarry Expansion Acoustical Study." 2. Please supply a copy of the March 12, 2021 "Wake Stone Triangle Quarry Expansion Acoustical Study" that provides tracked changes from the February 11, 2021 draft version. 3. The current maps provide the location of a concrete washout on the northwest (new pit) side of Crabtree Creek, but no concrete washout is shown on the south/east (existing pit) side of the creek. Please supply corrected drawings showing the concrete washout(s) on the south/east pit, or an explanation why a washout is not needed. 4. Please supply proof that the security fence meets the requirements of the Neuse River buffer rules. Has a buffer authorization been provided? 5. It is recommended that Wake Stone upsize the riser pipe diameter on Basin #4 so that it is a size or two larger than the barrel pipe. This will prevent potential hydraulic conditions that can reduce outflows and overall hydraulic efficiency. 6. We have received additional information regarding Reclamation Condition No. 5, subparagraph B (the "Sunset Clause"). As a result, please provide all current and historical information, including documents and communications, regarding this Condition that you have in your possession or to which you have access. To the extent available, this includes information dating between the hearing conducted by the Mining Commission on or around December 16, 1980 and issuance of the Mining D—� NrxIh CrwWkw D'w wwd of Em1►onn►eMof Qualify I Dwiswm ul toergy. UbwAl and taM Rtu"vrs SII Noah SaBxEury $freer 1b121�AaJ1 Snvk t Ce++ter ftaJNyA With Crollpa 2ib94 loll Wake Stone Corporation Triangle Quarry Mining Permit No. 92-10 Narrative response to ADI Letter #3, item #6: 6. We have received additional information regarding Reclamation Condition No. 5, subparagraph 8 (the "Sunset Clause"). As a result, please provide all current and historical information, including documents and communications, regarding this Condition that you have in your possession or to which you have access. To the extent available, this includes information dating between the hearing conducted by the Mining Commission on or around December 16, 1980 and issuance of the Mining Permit on May 13, 1981. In the event that you are aware of the existence of other documents related to this request but to which you do not have access, please provide the names of individuals who might have access to them or who would have additional knowledge about this topic. Included for reference is the following: "Reclamation Condition 5.8. If all quarryable stone is not removed, the right of the State to acquire the quarry site shall accure [sic] at the end of 50 years from the date quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is later, and notices shall be exchanged at that time in the some manner and with the some time limitations as set forth in Paragraph A above." WSC response: We have reviewed the voluminous "additional information" referenced in DEMLR's question #6. We strongly disagree with the erroneous claims and assertions made by the author. We also take issue with use of the term "Sunset Clause", a term coined by those in opposition to our pending mining permit application. Based on our understanding of the November 1980 Mining Commission proceeding related to the denial of the original permit application and the Mining Commission's "Findings of Fact, Conclusions, and Decision" of January 27, 1981 (copy attached) and "Final Decision" of April 3, 1981 (copy attached), we do not believe the Mining Commission or the North Carolina Department of Natural Resources and Community Development -Division of Land Resources ever intended to set an absolute date for closure of the quarry operation. Correction of the word "sooner" to "later" as originally stated by the Mining Commission (refer to April 3, 1981 "Final Decision") was first brought to the attention of Mining Staff during renewal of the permit in early 2011. (Copy of email between David Lee and Judy Wehner attached for reference). This correction was suggested when we reviewed the draft permit document with Ms. Wehner as she worked to clear -up ambiguities and permit language that were no longer applicable. For whatever reason, the suggested word change was omitted from the renewal permit as issued March 30, 2011. Wake Stone chose not to pursue the issue further at that time. The February 2018 request for administrative modification of the permit to correct prior site map representations of buffer areas provided another opportunity for Wake Stone Corporation to seek correction of the "sooner" versus "later" language (see attached copy of March 16, 2018 email communication between David Lee and Judy Wehner). It is our understanding (from conversations with Mining Program staff) that DEMLR Mining Program staff sought and obtained Attorney General staff review and approval of the requested "sooner" to "later" language correction. The administratively modified permit issued March 19, 2018 incorporated the identified prior discrepancies in how buffers were illustrated, as well as corrected the "sooner" versus "later" wording in Reclamation Condition 5.13 to what was originally mandated by the 1981 Mining Commission ruling. Members of the present-day management staff of Wake Stone Corporation were not present during the initial permit application and subsequent Mining Commission processes. We have no additional relevant documents or information that is not already available to DEMLR or in the Department file for Permit No. 92-10. Former Wake Stone Corporation CEO John R. Bratton who was present, and who managed the initial permitting efforts for Wake Stone, has provided his memory of those proceedings in the attached affidavit. David Lee From: David Lee Sent: Monday, March 7, 2011 3:21 PM To: Judy Wehner; Wehner, Judy Subject: Language Judy - Thanks for the opportunity to review the Triangle Quarry permit with you this morning by phone. I have spent some more time reviewing the permit since you and I last spoke by phone and believe the section on "Donation to State" would benefit from some revision. The original permit for Triangle was issued before I joined Wake Stone so I'm not as familiar with offer to "donate to the State" as I probably should be. However, I've located the Mining Commission's FINAL DECISION document of April 3, 1981 (copy attached) and compared the "donation to the state" language there (pages 3- 6) with what is in the current version of the permit (pages 18-19). The "donation to the state" language in the permit seems confusing to me - discussion of "option" before its even made know what the "option" is all about. I think it would be beneficial to incorporate the Commission's language more nearly verbatim. I've taken the liberty of drafting suggested language you might consider in place of existing section 5. beginning on page 17 of the permit. Feel free to run it by Tracy and/or Jim and see what they think. Let me know if you have any questions or need any additional information. I'm not trying to write my own permit, just trying to be helpful. Thanks! FQ110V735 Mining Language for Commission Fin... Donation to Stat... -David David F. Lee Geologist/Environmental Supervisor Wake Stone Corporation PO Box 190 Knightdale, North Carolina 27545 Office: 919-266-1100, ext. 134 Cell: 919-369-3449 Home: 919-553-4666 BEFORE THE MINING COMMISSION In the Matter of Denial of FINAL DECISION Permit Application of Wake Stone Corporation In accordance with this Canmission's initial ['innings of Vact, Conclusions, and Decision of January 27, 1981, as amended and corrected, and with the March 12, 1981 Agreement of 4dake Stone Corporation 7tna the Division of Land Resources, Department of Natural Resources and Community Development, concerning the Conditions enumerated below as 1, 2, 4, and S; and upon consideration of the supplementary arguments of the parties concerning Condition 3, infra, the Mining Commission hereby orders that the Division of Land Resources grant to Wake Stone Corporation the permit applied for with the following conditions: Condition No. 1 - Minimize noise, dust, and other possible adverse effects. Noise 1. Noise barriers between crushers and screening towers to minimize noise levels at the park shall be provided from the outset of the operation. Noise barriers may be enclosures, walls, bins, structures, stockpiles, or natural terrain. In the ovent there is disagreement over the required noise control measures, the final design and emplacement of noise barriers shall be determined by qualified noise and engineering consultants mutually agreed upon by both parties. 2. The plant shall be located jit a lower elevation as indicated on the required site plan. 3. The plant shall be designed so that the primary crusher can be relocated in the pit at the earliest possible date. 4. The chutes used in processing shall be rubberized. - 2 - 5. Compressors with noise abatement enclosures (cu m-ntly called whisperized compresso--s) shall be used with track drills to open the quarry. Once the quarry is opened, either hydraulic or down -in -the -hole Grills shall be used to further reduce noise. 6. Only such blasting techniques as minimize noise shall be employed. 7. Pit haul trucks shall be equipped to exhaust through the beds of the trucks to muffle engine noise. 8. Conveyors rather than trucks shall be used for stockpiling material. 9. The quarry shall be operated only on Monday through Priday and shall not be operated on State -recognized holidays. Dust 1. The access road to the quarry,from the scale house to SR 1790,shall be paved. Wake Stone Corporation agrees to cooperate with the Department of Transportation in paving SR.1790 from the entrance to the quarry to the intersection with SR 1654. 2. The provisions of the air quality permit No. 4386 shall be followed. 3. A water wagon with sprays shall be used for wetting roads to prevent dust. 4. Sprays shall be used throughout the plant at transfer points to control dust. 5. Drill hole dust shall be controlled by wetting or other means. 6. Dust control shall be maintained by the use of water sprays. 7. A water spray shall be provided for highway haul trucks. 8. Washed stone shall be stockpiled within the part of the designated plant area which is closest to the park. - 3 - Condition No. 2 - Optimize processing and stockpiling facilities to minimize possible effects on the park. 1. The processing and stockpiling facilities shall be relocated as indicated on the Wake Stone revised site plan submitted February 18, 1981. The purpose of this relocation shall be to screen the park from the sight and sound of the operation, reduce erosion, and shield the operation from public view along Interstate 40. 2. The relocation shall place the processing and stockpiling facilities at a lower elevation to reduce visibility and noise. 3. The stockpiles shall be located close to the quarry entrance roads. 4. The plant and stockpile area shall be close to the intersection of SR.1790 and SR 1654. 5. The initial site disturbance from both quarry excavation and plant site development shall be confined to one drainage system, which is now already protected by ponds which will serve as sediment basins. The purpose of this relocation is to aid erosion and sediment control. 6. The new location of the pit shall be such that, once the overburden is removed, the quarry excavating equipment - i.e. compressor and drill, shovels, and trucks - can be placed below the surrounding land at the initial phases of quarrying. Condition No. 3 - Buffer Zone Plan 1. The extent of the completely undisturbed buffer zone to be maintained between the park boundary during the 10 year permit shall he as indicated on. the revised plan and modified by Exceptions 2, 3, an(i 4 listed on 1a,e 2 c; Wake Stone Cor,)ora t ion ` s memorandum of March 10, 1001, except all o= the area north oP the ten-year buffer line shall be left as a natural �)uffe-r - 4 - zone and not be developed or altered for commercial purposes. Condition No. 4 - Construction of Berms 1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation plant and the western boundary of the park as shown on Wake Stone Corporation's revised site plan. 2. Berm dimension:3 shall be no less than indicated on Wake Stone Corporation's revised site plan and may he higher and longer than shown, Pxcept the berm shall not encroach on the. jK.vm-uv--ut buffer zone. 3. I 9 Tile side slos of the %ezuy �laa1 _ faded to astable rade of 2 ,.horizontal F � too 1 vertical fiatgrade. or -ter ,aid` revegetated. on the sir es__and Iola with ' grasses and-4evaceers treys The toe of the beruishal ne�emcroacn on the' parTc pr p r l► .boundary acid s 411 be.,at ]:east- 00 feet from, the--h6un3aTy. a. Other berms may be required as mining progresses to reduce the noise and visual impact upon the quarry. Condition No. 5 - Donation of quarry to the State Pursuant to Wake Stone Corporation's offer to donate the quarry site to the State as part of its reclamation plan, the terms and conditions of the offer and acceptance shall be set forth in the reclamation plan as follows. The term, "quarry site", shall include the entire pit as it exists after quarrying has been completed, a strip extending at least 50 feet back fro•n the top of the slope of the pit on all sides (see the reclamation plan for the requirements applying to the slope), and a reasonable area to connect the pit ' aad surrounding strip to Umstead Park, constituting a total area of at least 75 acres. - 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 acquire the quarry site shall accrue at the end of 50 years from the date quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is later. and notices shall be exchanged at that time same manner and with the same time limitations as set forth in paragraph 1 above 3. Until the option has expired Wake Stone will not encumber by mortgage or deed of trust any of the area. designated "BUFFER AREA" on Wake Stone's site plan - dated February 17, 1981, revised March 10, 1981, except for purchase money security interests. - 6 - 4. During the option period, Wake Stone shall have the right to encumber all of its remaining property from time to time by mortgage, deed of trust or other security agreement then in common use for the purpose of securing one or more bona fide obligations of Wake Stone, such as the payment of money or the providing of any goods 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. 5. The right of the State to exercise its option shall be subject to: (a) Wake Stone not being prohibited by the U.S. Government, State of North Carolina, Wake County, any municipality having jurisdiction, or by any court from removing from Wake Stone's property all quarryable stone which is outside of the BUFFER AREA referred to in paragraph 3 above. The requirement by the State that Wake Stone comply with laws and rules and regulations generally appli- 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 thO 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 tiros` existing at zhe time of Wake Stone's purchase, ad valorem taxes at the tiiiio of conveyan(;c� (which shall be prorated) , and such drainage and utility easements as shall have been installed in connection with the development of the property. 7. The option may include such other terms as are mutually acceptable to the State and Wake Stone. - 7 - The Mining Cw nission coric:ludes 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 pp of the park. For the unanimous Mining Corunission, this the '�i�p o� 1981 1981. O�c�inx� signet` �ic� henry R, Smith, Chairman 0figi,,z1 oicgned y T.W. Tysinger •.% ; ' n:.�, tad W.W. Woodhouse Commissioners Barkalow and Long took no part in the disposition of the case. Donation to State Pursuant to Wake Stone Corporation's offer to donate the quarry site to the State as part of its final reclamation plan, Wake Stone Corporation will grant to the State an option which, if exercised by the State, will require that Wake Stone Corporation convey to the State a fee simple title to the quarry site. The State shall have no obligation to exercise its option to accept a conveyance of the quarry site. 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 surrounding strip to the Park, constituting a total area of at least 75 acres. 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 the State. If the state elects to have Wake Stone convey the quarry site to the State, it shall notify Wake Stone of such election within said six-month period. All notices shall be by certified mail with return receipt requested. If the State fails to make an election within said six-month period or shall elect not to accept a conveyance of the quarry site, the option shall thereupon terminate and Wake Stone shall have no further obligation to convey the quarry site to the State. 2. If all quarryable stone is not removed, the right of the State to acquire the quarry site shall accrue at the end of 50 years from the date quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is later, and notices shall be exchanged at that time in the same manner and with the same time limitations as set forth in paragraph 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. 4. During the option period, Wake Stone shall have the right to encumber all of its remaining property from time to time by mortgage, deed of trust or other security agreement then in common use for the purpose of securing one or more bona fide obligations of Wake Stone, such as the payment of money or the providing of any goods 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. 5. The right of the State to exercise its option shall be subject to: (a) Wake Stone not being prohibited by the U.S. Government, State of North Carolina, Wake County, any municipality having jurisdiction, or by any court from removing from Wake Stone's property all quarryable stone which is outside of the BUFFER AREA referred to in paragraph 3 above. The requirement by the State that Wake Stone comply with laws and rules and regulations generally 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'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 encumbrances except those existing at the time of Wake Stone's purchaser, ad -valorem taxes at the time of conveyance (which shall be prorated), and such drainage and utility easement as shall have been installed in connection with the development of the property. 7. The option may include such other terms as are mutually acceptable to the State and Wake Stone. The terms and conditions relating to the donation are placed herein to prescribe generally the boundaries of the Wake Stone Corporation offer. The acceptance by the State is subject to approval by the Department of Administration and the council of State and the ascertaining that the offer is in accord with the laws of the State and lawfully adopted rules and regulations. Further, the Department's analysis of the conditions of the land to be transferred will be in accordance with the criteria identified in the "Principles Governing the Establishment of Extension and Development of State Parks, State Recreation Areas and State Natural Areas". David Lee From: David Lee Sent: Friday, March 16, 2018 1:36 PM To: Wehner, Judy Subject: FW: Triangle Quarry Permit Language Revisions Judy - Below is the original email I sent back in March 2011 concerning the Mining Commission's Final decision language. I'm resending this so that you have documentation. Attached is a PDF of the Commission's final decision. Reclamation Condition 5B on Page 17 of the current permit should simply be changed to read "whichever is later", not "whichever is sooner", a simple one word change. I suggest cutting and pasting the following: B. If all quarryable stone is not removed, the right of the State to acquire the quarry site shall accrue at the end of 50 years from the date quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is later, and notices shall be exchanged at that time in the same manner and with the same time limitations as set forth in paragraph A above. Thanks! Call Cole or I if you have any questions. PDF Mining Commission Fin... -David David F. Lee Geologist/Environmental Supervisor Wake Stone Corporation PO Box 190 Knightdale, North Carolina 27545 Office: 919-266-1100, ext. 134 website: www.wakestonecorp.com Cell: 919-369-3449 Home: 919-553-4666 From: David Lee Sent: Monday, March 07, 2011 3:21 PM To: Judy Wehner <judy.wehner@ncmail.net>; Wehner, Judy <judy.wehner@ncdenr.gov> Subject: Language Judy - Thanks for the opportunity to review the Triangle Quarry permit with you this morning by phone. I have spent some more time reviewing the permit since you and I last spoke by phone and believe the section on "Donation to State" would benefit from some revision. The original permit for Triangle was issued before I joined Wake Stone so I'm not as familiar with offer to "donate to the State" as I probably should be. However, I've located the Mining Commission's FINAL DECISION document of April 3, 1981 (copy attached) and compared the "donation to the state" language there (pages 3- 6) with what is in the current version of the permit (pages 18-19). The "donation to the state" language in the permit seems confusing to me - discussion of "option" before its even made know what the "option" is all about. I think it would be beneficial to incorporate the Commission's language more nearly verbatim. I've taken the liberty of drafting suggested language you might consider in place of existing section 5. beginning on page 17 of the permit. Feel free to run it by Tracy and/or Jim and see what they think. Let me know if you have any questions or need any additional information. I'm not trying to write my own permit, just trying to be helpful. Thanks! -David David F. Lee Geologist/Environmental Supervisor Wake Stone Corporation PO Box 190 Knightdale, North Carolina 27545 Office: 919-266-1100, ext. 134 Cell: 919-369-3449 Home: 919-553-4666 BEFORE THE MINING COMAIISSIUN In the Matter of Denial of FINAL, DECISION Permit Application of Wake Stone Corporation In accordance with this Commission's initial Findinqs of 'r'act, Conclusions, and Decision of January 27, 1981, as amended and c:orr^cted, and with the March 12, 1981 Agreement of Wlakc Stone Corporation and the Division of Land Resources, Department of ,Natural Resources and CC)HununLty Development, concerning the Conditions enumerated below as 1, 2, 4, and 5; and ui>on consideration of the supplementary arguments of the parties concerning Condition 3, infra, the Mining Commission hereby orders that the Division of Land Resources grant to [Jake Stone Corporation the permit applied for with the following conditions: Condition No. 1 - Minimize noise, dust, and other possible adverse effects. Noise I. Noise barriers between crushers and screening towers to minimize noise levels at the park shall be provided from the outset of the operation. Noise barriers m:y be enclosures, walls, bins, structures, stockpiles, or natural terrain. In the ovent there is disagreement over the required noise control measures, the final design and emplacement of noise barriers shall be determined by qualified noise and engineering consultants mutually agreed upon by both parties. 2. The plant shall be located cit a lower elevation as indicated on the required situ plan. The plant shall he designed so that the primary crusher can be relocated in the pit at the earliest possible date. 4. The chutes used in processing shall be rubberized. - 2 - 5. Compressors with noise abatement enclosures (curr( ntly callod whisperized compressors) shall be used with track drills to open the quarry. Once the quarry is opened, either hydraulic or down. - in - the -hole r'rills shall be used to further reduce noise. 6. Only such blasting techniques as minimize noise shill be employed. 7. Pit haul trucks shall be equipped to exhaust through the beds of the trucks to muffle engine noise. 8. Conveyors rather than trucks shall be used for stc:kpiling material. 9. The quarry shall be operated only on Monday through Friday and shall not be operated on State -recognized holidays. Dust 1. The access road to the quarry, from the scale house to SR 1790,shall be paved. Wake Stone Corporation agrees to cooperate with the Department of Transportation in paving SR.1790 from the entrance to the quarry to the intersection with SR 1654. 2. The provisions of the air quality permit No. 4386 shall be followed. 3. A water wagon with sprays shall be used for wetting roads to prevent dust. 4. Sprays shall be used throughout the plant at transfer points to control dust. 5_ Drill hole dust shall be controlled by wetting or other means. 6. Dust control shall be maintained by the use of water sprays. 7. h water stray shall be provided for highway haul trucks. Q. Washed stone shall be stockpiled within the part of the designated plant area which is closest to the park. - 3 - Condition No. 2 - Optimize processing and stockpiling facilities to minimize possible effects on the park. 1. The processing and stockpiling facilities shall be relocated as indicated on the Wake Stone revised site plan submitted February 18, 1981. The purpose of this relocation shall be to screen the park from the sight and sound of the operation, reduce erosion, and shield the operation from public view along Interstate 40. 2. The relocation shall place the processing and stockpiling facilities at a lower elevation to reduce visibility and noise. 3. The stockpiles shall be located close to the quarry entrance roads. 4. The plant and stockpile area shall be close to the intersection of SR.1790 and SR 1654. 5. The initial site disturbance from both quarry excavation and plant site development shall be confined to one drainage system, which is now already protected by ponds which will serve as sediment basins. The purpose of this relocation is to aid erosion and sediment control. 6. The new location of the pit shall be such that, once the overburden is removed, the quarry excavating equipment - i.e. compressor and drill, shovels, and trucks - can be placed below the surrounding land at the initial phases of quarrying. Condition No. 3 - Buffer Zone Plan 1. The extent of the completely undisturbed buffer zone to be maintained between the park boundary during the 10 year permit shall be as indicated cn the revised plan and modified by f::centions 2, 3, :ind 0 listed on i a!,e I c_ ..'ake Stone Corr)orrzlion' r.,,�morandum of March 10, 1IJQ1, except all Of the area north of ,he ten-year buffer line shall be left as a natural buffer - 4 - zone and not be develop-L•:; or altered for commercial purposes. Condition No. 4 - Construction of Berns 1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation plant and the western boundary of the park as shown on Wake Stone Corporation's revised site plan. 2. Berm dimensioas shall be no less than indicated on Wake Stone Corporation's revised site plan and may he higher and longer than shown, aaccepi the berm r shall rat encroach on the 1�����anc��t buffer zone. 3. (- Tli2-side sl +es of the berm Thal � ?ice tided •to a stable - — _------------- o{ s grade of 2 ,_horizontal - - --- '�0 1 :ye�iaalr-gr-ache-o� f��ter ��d--restegetated on- tfte�-5�r�e8-t�a. wit�t ' masses ands ever ceen s. ? fhe- toe of the beam shAU n-t iWd ch--,5g the.' p pr�pei.-:buuntiry and r>ira �i,at .least.0 feetr+nn. the ary. i 4. Other berms may be required as mining progresses to reduce the noise and visual impact upon the quarry. Condition No. 5 - Donation of Quarry to the State Pursuant to WAr, Stone Corporation's offer to donate the quarry site to the State as part of its reclamation plan, the terms and conditions of the offer and acceptance shall be set forth in the reclamation plan as follows. The term, "quarry site", shall include the entire pit as it exists after quarrying has been completed, a strip extending at least 50 feet back from the top of the slope of the pit on all sides (see the reclamation plan for the requirements applyinc7 to the slope), and a reasonable area to connect the pit avid surrounding strip to Umstead Park, constituting a total area of at least 75 acres. - 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 acquire the quarry site sh;zll accrue at the end of 50 years from the date quarrying commences or 10 years after cuarrying operations have ceased without having been resz:med, whichever as 1agr. an4 notices shall be exchanged at that £ime in the same manner and wiLh the sane_ time limitations as set forth in oaractr ph 1 above 3. Until the option has expired wake Stone will not encumber by mortgage or deed of trust any of the area dQsignated "BUFFER AREA" on Wake Stone's site plan dated February 17, 1981, revised March 10, 1981, except for purchase money security interests. - 6 - 4. During the option period, Wake Stone shall have the right to encumber all of its remaining property from time to time by mortgage, deed of trust or other security agreement then in common use for the purpose of securing one or more bona fide obligations of Wake Stone, such as the payment of money or the providing of any goods 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 quarryable stone which is outside of the BUFFER AREA referred to in paragraph 3 above. The requirement by the State that Wake Stone comply with laws and rules and regulations generally appli- 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 th" 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 tijiio of conveyarn.r• (which shall be prorated), and such drainage and utility easement. as shall have been installed in connection with the development c,t the property. 7. The opt.i.on may include such other terms as are mutually acceptable to the State and Wake Stone. - 7 - The Mining Commission Conu]ndcs 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. Ap For the unanimous Mining Corwiission, this the— 198i 21clp o� 1981. Q.•cginz! aigrrett G� Henry B. Smith, Chairman O'igin-/-igised 6 T.W. Tysinger W.W. Woodhouse Commissioners Barkalow and Long took no part in the disposition of the case. STATE OF NORTH CAROLINA COUNTY OF WAKE AFFIDAVIT OF JOHN R. BRATTON JOHN R. BRATTON, being first duly sworn, deposes and says: 1. I am a citizen and resident of Wake County, North Carolina. 2. I am over 18 years of age; I am not subject to any disability; and I am fully able and authorized to make the statements set forth in this Affidavit. The factual statements set forth in this Affidavit are based on my personal knowledge, except as to those matters stated on information and belief which I believe to be true. 3. I have been an employee of Wake Stone Corporation since April 1, 1970. In the 1970's I had been personally involved with filing state mining permits for our Knightdale, NC and Moncure, NC quarries. 4. I was involved with the permitting process of Triangle Quarry in Cary in 1980-81. My position at the time was Quarry Superintendent. 5. My involvement included: a. Serving as the primary contact, working with my father, John Bratton, Jr., on the Mining Permit application along with the engineers and consultants employed by Wake Stone to assist with the application. b. Meeting with the staff of the Department of Natural Resources and Community Development — Land Quality Section (now titled Department of Environmental Quality, Division of Energy, Mineral, and Land Resources), primarily with Steve Conrad. C. Attending all public meetings of the Mining Commission as well as work sessions where discussions were held to try to mitigate perceived impacts on Umstead State Park. d. Actively participating in the discussions with Steve Conrad after the initial Mining Permit was denied. 6. Based on my direct involvement and my clear recollection of such an important event in our company history, I make the following statements: A. My father and I spoke with Steve Conrad concerning the denial of our application for the Mining Permit for Triangle Quarry. B. During that conversation we understood that the permit application had been denied due to departmental pressure. Mr. Conrad informed us of our right of appeal and encouraged us to appeal the decision to the Mining Commission. C. We filed the appeal, and the Commission after reviewing all the relevant data, issued a Final Decision that required five conditions to be followed by Wake Stone to mitigate potential impacts on Umstead State Park including noise abatement, dust control, placement of berms, interim and permanent buffers, and reclamation of the site post -mining. Those conditions were negotiated by Steve Conrad with my father and me, personally. D. Condition 5 — Donation of the Quarry to the State established an option for the state to take over the quarry pit at the end of its life. In those days quarries in NC often would operate for a while and then close when there was not sufficient business to sustain them, reopening later. In addition, mining permits had to be renewed every 10 years. Therefore, we agreed that if we ceased quarry operations for 10 consecutive years, the permit would terminate, and the quarry pit would be offered to the State. From our due diligence we estimated that there were reserves that would last for about 50 years of mining, but we were not sure that those would all be consecutive years. The Mining Commission, with input from Steve Conrad, took that into account. Thus, the language in the Final Decision stated that "...the right of the state to acquire the quarry site shall accrue at the end of 50 years from when quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is later...". Wake Stone agreed with that because it would allow us to mine all the reserves in approximately 50 years, but that could be extended if mining operations continued. The word "later" is clearly stated in the Final Decision issued and signed by the North Carolina Mining Commission on April 3, 1981. We would never have agreed with the word "sooner" because it could easily have turned out that we would not have captured all the stone reserves had we needed to slow or shutter the operation due to recessions. 7. I do not recall why neither my father nor I immediately noted the error in Steve Conrad's issued permit. 8. It is my understanding that the error was eventually corrected during a 2018 administrative modification to the permit in which this and other discrepancies were corrected. During this administrative modification process, I understand that the department engaged the Attorney General's office to review the request, and that the Attorney General's staff supported the requested correction after review of the Mining Commission's ruling. 9. I hereby affirm thatfhe above statements are truthful and my clear recollection. Further this Affiant sayeth not. This the 29th day of April, 2021. WAKE COUNTY, NORTH CAROLINIV Sworn to (or affirmed) and subscribed before me this day by John R. Bratton. April 29,2021. Sig t of Notary Public (Official Seal) Margaret Allston Notary Public Wake County, Norl arolha $sion My Commi:x�ires „a . --- My commission expires: