20210308_N-Lew_Sunset

From: Natalie Lew
To: Wrenn, Brian L; Miller, David; Delli-Gatti. Dionne; Holman. Sheila; Nicholson. John A.; Wilson, Reid; Meyer. Staci
T; Patterson, Dwayne; Strong. Brian; umsteadcoalitionCabgmail.com; contactaov; Childers. Darryl D
Subject: [External] Public Comment for Wake Stone"s 92-10 permit: logic and the Sunset Clause
Date: Monday, March 8, 2021 8:24:50 PM
Attachments: Triangle Quarry Sunset Clause 202103 08 signed.pdf
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Good evening Mr. Wrenn,
Please find attached a letter to be included with the public comments for Wake Stone's Triangle
Quarry Permit Modification Request (92-10).
Please confirm that this letter will be included with the public comments.
Thank you.
-Natalie
It is the time you have wasted for your rose that makes your rose so important... from "The Little
Prince"

March 8, 2021
Brian Wrenn, Director
NC Department of Environmental Quality
Division of Energy, Minerals, and Land Resources (NC DEQ-DEMLR)
Re: Letter to assist in DEQ's evaluation of the Wake Stone Triangle Quarry Permit Modification Request
(92-10) and to be included in the Public Comments for this permit modification
Dear Mr. Wren,
As we all know, in the 1980's Wake Stone's Triangle Quarry Mining Permit was initially outright denied because of
negative impacts to Umstead State Park. The industry -laden Mining Commission overturned this denial and the
Triangle Quarry Mining Permit was subsequently granted. The granting of the Triangle Quarry Mining Permit
rested on language regarding mitigating the many negative impacts to Umstead State Park. This mitigation
included among many things, perimeter buffers and establishing a timeline as to how long this mining operation
adjacent to the State Park would last. The State did not want this mining operation to go on forever; they
intended to have clear "when will the mining operation end" language in the Permit. The when was defined by The
Sunset Clause.
Per Item #5 of the original 1981 Triangle Quarry Mining Permit, entitled "Donation to State," Wake Stone
Corporation has offered to "donate the quarry site to the State as part of its reclamation plan." On the last page of
the original 1981 Triangle Quarry Mining Permit (page 13 of 13), which is also the signature page, items A and B
combined are the agreement as when the State of North Carolina can "exercise its option" to receive the donation
of the Triangle Quarry site.
Logically, the when can occur at two distinct scenarios regarding the status of quarryable material: 1) all quarryable
stone is removed or 2) all quarryable stone is not removed. The fact that the initial Triangle Quarry Mining Permit
even considers what happens if all quarryable stone is NOT removed clearly demonstrates that there was no intent
to let Wake Stone quarry this area indefinitely. The intent was to have a clear end to the mining operations.
Item A: The logic decision point in this item is that there is no "quarryable stone" remaining at some point in time
in which the State needs to make a decision about exercising its option to receive the Triangle Quarry land as a
donation from Wake Stone. This statement says "In the case of all quarryable stone being removed..." from the
area "..which lies between the Park and Interstate Highway 40..." Wake Stone will notify the State and the State
has 6 months to exercise the option of taking the land donation. This statement has no timeline to the end of
mining operations and leaves the determination as to when to end mining operations exclusively to Wake Stone. It
could be thousands of years from now. This statement alone would suffice if there were not a care about limiting
the amount of time a quarry would be next to Umstead State Park.
Item B: The logic decision point of this item is that there still is "quarryable stone" remaining at some point in time
in which the State needs to make a decision about exercising its option to receive the Triangle Quarry land as a
donation from Wake Stone. This is The Sunset Clause. This statement says: "If all quarryable stone is not removed,
the right of if 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 comes
sooner...." This statement, and specifically the word "sooner," puts a timeline on the Triangle Quarry operations
by clearly defining an end point of no later than 50 years after mining operations began. This end point is defined
by the Permit and not by Wake Stone. As you know, Wake Stone is claiming that one word, "sooner," is an error;
they claim that the word should be "later." If the correct word was "later", then there is no finite end to when this
quarry operation would cease. This change is not logical. In essence, changing the word "sooner" to "later" totally
eliminates the need for all of the language in both A and B. The permit could simply have said that when Wake
Stone, by and of itself, determines that they are done with quarry operations, then Wake Stone must give the
Nlew: Sunset Clause letter, 8/Mar/21 Page 1 of 2

State the option to accept the land as a donation. With this language, there is no timeline for when this donation
would occur and all decisions are at the whim of Wake Stone.
In the new Mining Permit Modification Request, Wake Stone has totally eliminated the Item B language and
eliminated any timeline on both the Triangle Quarry pit and the Odd Fellows pit. There are essentially taking this
land forever, with absolutely no end in sight. What is to stop them from asking to quarry the area West of Old
Reedy Creek Road (known as 286) in 30-50 years? Nothing. Reminder. In the 1970's, Wake Stone initially wanted
to put the quarry in that location.
Also, the new Mining Permit Modification Request expands the area to be considered for the presence or not of
"quarryable stone" from the original pit to include the new pit. Thus, expanding the area in which to assess for the
logic of when this quarry operation should cease. This new Mining Permit Modification allows Wake Stone to mine
this area in perpetuity.
These changes to the Triangle Quarry Permit represent the slow erosion of the original intent of the initial Mining
Permit — the intent to provide protection to the quarry's harmful effects on Umstead State Park. These changes
are unethical and represent government and private industry abusing their power and taking advantage of a
unique and irreplaceable public asset.
Please know that we are not against quarries in general. We are just against the continuation of the Triangle
Quarry past 2031 and a new quarry pit on the very small Odd Fellows tract. These quarries are truly a bad deal for
the State Park, for the deeded owners of the Odd Fellows, for the thousands of citizens and tourists who use this
area, and for the hundreds of companies who have retained workers here due to easy access to a unique forested
recreation area.
Please reinstate the Sunset Clause on the Triangle Quarry and please deny Wake Stone's Triangle Quarry Permit
Modification Request.
Sincerely,
-Natalie Lew
CC: David Miller, Mining Engineer, NC DEQ-DEMLR
Dionne Delli-Gatti, Secretary, NCDEQ
Mr. John Nicholson, Chief Deputy Secretary, NC DEQ
Sheila Holman, Assistant Secretary for Environment, NC DEQ
Reid Wilson, Secretary, NC Natural and Cultural Resources (NC NCR)
Staci T. Meyer, Deputy Secretary, NC Natural and Cultural Resources (NC NCR)
Dwayne Patterson, Director, NC Division of Parks and Recreation (DPR), NC NCR
Brian Strong, Deputy Director for Planning and Natural Resources, NC DPR-NCR
Dr. Jean Spooner, Chair, The Umstead Coalition
Honorable Roy Cooper, Governor
Darryl Childers, Office of the Governor Roy Cooper
Nlew: Sunset Clause letter, 8/Mar/21 Page 2 of 2