4 - Combined Response to ADI 6

July 26, 2021 ADI Letter #6
Correction of Reclamation Condition #5: "Donation to State"
1. Please provide all documentation (emails, electronic documents, hardcopy documents) in your
possession related to the 2011 and 2018 requests for modification of Condition 5.8. and the
subsequent permit modification.
Wake Stone believes the discrepancy in language ("later" vs "sooner") between the April 3, 1981
"Final Decision" of the Mining Commission and the language incorporated into the original mining permit
was an error. Wake Stone staff became aware of this discrepancy during review of a draft renewal permit
in early 2011 (at that time, all mining permits required a renewal application every 10 years).
In an email dated March 7, 2011 from David Lee to Ms. Judy Wehner, Assistant State Mining Specialist,
Wake Stone requested that this error be corrected. This email never received a response, and the mining
permit was reissued on March 30, 2011, without this correction. At that time Wake Stone estimated that
mining would not be completed at Triangle Quarry for close to twenty years and that there would again
be an opportunity to have this correction made in 2021, during the next ten-year renewal. However, in
October 2017 the North Carolina General Assembly amended the Mining Act of 1971, removing the
requirement for renewals every 10 years, incorporating an annual fee schedule instead.
In February 2018, in a continuing effort to get the existing mining permit and associated
referenced maps as accurate and current as possible (based on improved mapping technologies and
updated aerial photography), and to correct typographical errors, discrepancies, or outdated language in
the permit, Wake Stone did a thorough review of the permit, including how buffers had been incorrectly
illustrated on site maps. These suggested corrections were submitted to Ms. Judy Wehner, Assistant State
Mining Specialist, for DEMLR consideration under the Department's Administrative Permit Modification
procedures. The request was reviewed by DEMLR staff, and to our understanding, DEMLR's in-house legal
counsel and staff of the NC Attorney General's Office. Wake Stone received a revised permit on March
26, 2018 which contained several editorial/typographical errors. These errors were brought to the
attention of DEMLR staff, and the final corrected permit was signed by Acting Director Vinson and issued
on March 28, 2018. We believe all requested corrections to the mining permit document were fully
justified and thoroughly vetted by DEMLR.
Documents from our records that are responsive to your request concerning the 2011 and 2018
correction of Condition S.B. of Permit 92-10, are attached.
2. Please provide an explanation of how the modification requests described in item 1 relate to the
current quarry expansion modification request for Permit 92-10. Specifically, how does the
modification of Condition 5.8. effect the viability and long-term operation of the proposed quarry
expansion?
Wake Stone's 2011 request to have the permit language corrected to accurately reflect the Mining
Commission's Final Decision predated the company's potential expansion of the Triangle Quarry onto the
RDU property. Not until 2015 did such an expansion become a possibility.
As Wake Stone has previously stated, the 2018 modification request was intended to correct several
errors and discrepancies in Mining Permit No. 92-10. At the time of the 2018 modification, Wake Stone
had begun investigating the viability of expanding the Triangle Quarry onto property controlled by RDU
Airport under a mineral lease agreement. Careful review of the existing Mining Permit at that time
suggested that two specific errors in the permit needed correcting prior to submittal of a permit
modification application for the anticipated expansion, should negotiations with RDUAA be successful.

The errors in need of correction involved the inaccurate/inconsistent illustration of buffers on site maps,
and correction of the Mining Commission stated language related to when the depleted pit would become
available for possible donation to the State as described in the reclamation conditions (specifically,
Condition S.B.). Having the corrected permit language in place would provide Wake Stone ample time to
be able to fully capture the stone reserves from the expansion site.
Wake Stone determined that to transport equipment efficiently and safely to and from the RDU-
owned property (commonly referred to as the Odd Fellows tract) under its lease agreement with RDU,
improvements to the existing Triangle Quarry northern perimeter road would be necessary. We
recognized at that time the possible use of this perimeter road for hauling excavated material back to the
existing primary crusher located in the original quarry pit. A thorough review of the history of the buffers,
particularly the 100-foot and 250-foot buffers along the northern permit boundary, revealed that these
buffers were intended to be "property" buffers rather than "riparian" buffers. Riparian buffers of 10-50
feet are typically considered sufficient to prevent offsite sedimentation and contain pollutants such as
phosphorus, nitrogen, and pesticides. Since the property boundaries between the existing quarry and
both Umstead State Park and RDU Airport are the centerline of Crabtree Creek, the buffers should have
been illustrated as being measured from this boundary rather than from the OHWM (ordinary high-water
mark, or "streambank"). These corrections were not critical to the viability of the potential future
expansion but were desirable for safety and efficiency of transport along the northern perimeter of the
Triangle Quarry pit and for having maps which accurately showed the permanent buffer lines.
The reclamation condition (Condition S.B.) regarding the possible donation of the "quarry site" to the
State referenced two different scenarios: A. "When all quarryable stone has been removed..." or B. "If all
quarryable stone is not removed....". The incorrect inclusion of the word "sooner" in the mining permit
instead of "later" (in the Mining Commission's final decision) in the second scenario could be interpreted
as a condition that would force the operation to close by 2031. Wake Stone estimated that quarrying in
the existing pit would be completed by 2031, but an expansion onto the RDU property would require
additional time to allow capture of all available reserves. In recognizing that the 105-acre RDU tract could
not be utilized for a stand-alone quarry, processing, and sales facility due to limited size of the tract and
poor highway access, Wake Stone determined that if the language was corrected to that of the 1981 Final
Decision of the Mining Commission, an expansion onto RDU property would be permissible under a
modification of Permit 92-10.
At the time of the Mining Permit issuance Wake Stone had not purchased or leased the parcels which
came to constitute the permitted quarry. In no language in the Final Decision nor in the Mining Permit is
there a limitation to what parcels would be included. The Mining Commission's final decision supports
this position as it dictated when the potential donation to the State might occur, "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 State Park and Interstate
Highway 40". With the Odd Fellows 105-acre tract now under the control of Wake Stone, having the
corrected permit language in place provides the permit protection necessary for Wake Stone to be able
to fully capture the stone reserves from the expansion site which lies between Umstead State Park and I-
40. Continued utilization of the existing pit (for overburden storage and primary crushing) will postpone
Wake Stone's earlier commitment to make portions of the original quarry site (pit plus 50' surrounding
area) available for donation to the State should the State decide to assume ownership and liability upon
completion of mining. Wake Stone remains committed to the offer to make the original Triangle Quarry
pit available for donation to the State once all quarrying operations are completed. We expect that to be
no longer than 35 years from receiving the permit modification and beginning operations on the
expansion site.

3. Please describe any discussion or correspondence between Wake Stone and state official (other
than the DEQ mining program) about the modification of Condition 5.8.. Please provide copies
of any documents or other records of such discussions or correspondence.
Since 2016, Wake Stone has had numerous meetings and discussions about the currently pending
Mining Permit Modification Application with state officials, including but not limited to Governor
Cooper, former DEQ Secretary Regan, current DNCR Secretary Wilson, AG Stein, and many members of
the Wake County legislative delegation of senators and representatives. However, none were
specifically about Condition 5B other than in response to some legislators who were bombarded by
emails from the Umstead Coalition and members of Triangle Off Road Cyclists (plaintiffs in litigation
against RDUAA and Wake Stone) and needed an explanation of the issue. There were no notes kept of
those conversations. One email was sent to Senators Sydney Batch and Sarah Crawford, with the
attachments of the 1981 Mining Commission Final Decision (with the critical word "later" underlined in
Condition 5), as well as a copy of an email from the State Mining Engineer David Miller indicating to a
citizen why the change was made and that it had been reviewed by the Attorney Generals' office. A
copy of the email (and attachments) is attached.
4. What is the expected timeline for ceasing quarrying operations at the existing site?
Wake Stone will maintain production of stone reserves from the existing Triangle Quarry pit until
the opening of the expansion pit on the RDU property. Stone reserves in the existing pit are anticipated
to be depleted in 2-4 years (depending on market conditions). During this period, site development
work including bridge construction, fencing, installation of erosion control measures, logging, and
construction of noise/visual barriers can be completed. Once the expansion pit is open, mining in the
existing pit will cease. However, quarry operations (overburden storage, crushing and processing,
stockpiling, and sales) will continue at the existing site until such time as all quarryable stone is removed
from the expansion pit. Stone reserves on the expansion site are currently estimated to yield 25-35
years of production, although significant changes in market demand could greatly alter those
projections.

Documents pertaining to 2011 request for correction of Condition 5.13. language

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!
P.!Z� POF
H
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
[cake Stone Corporation
In accordance with this Commission's initial ['inklings of Fact, Conclusions,
and Decision of January 27, 1981, as amended and corr,�cted, and with the
March 12, 1981 Agreement of bake Stone Corporation and the Div.isien 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 event there is disagreement over the required
noise control measures, the final design and emplacement of noise barriers
shall be determined by qualified noise and engineering consultants mutually
agreed upon by both parti.us.
2. The plant shall be located rit a lower elevation as indicated on the required
site pl,Zn.
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 (curr(•ntly called whisperized
compressors) shall be used with track drills to open the quarry. Once
the quarry is opened, either hydraulic or down.-in-Lhe-hole drills shall
be used to further reduce noise.
6. Only such blasting techniques as minimize noise shall be employed.
7. Pit haul trucks shall be equipped to exhaust through the beds of the
trucks to muffle engine noise.
B. Conveyors rather than trucks shall be used for stockpiling material.
9. The quarry shall be operated only on Monday through 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. Make 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 be as indicated or. the
revised plan and modified by Exceptions 2, 3, and 4 listed on PaF-e 2 c=
Wake Stone Cor,)oration's m, morandum of :March 10, 1001, except all of the
area north of ''.lie ten-year buffer line shall be left as a natural puffer

- 4 -
zone and not be developed or altered for commercial purposes.
Condition No. 4 - Construction of: Berms
1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation
plant and the western boundary of the park as shown on Wake Stone Corporation's
revised site plan.
2. Berm dimensiOnS shall be no less than indicated on Wake Stone Corporation's
revised site plan and may he higher and longer than shown, except the berm
shall not encroach on th4 p-viii-incut buffer zone.
3. Tlie side U graded -try a stable grade of 2 horizontal
to 1 vertical gri44 or f'Lit-ter- revegetated on the .s des_,an top wztti '
gxasses and.,ever1re", tree.s.The toe of the beiii shall ao�-otacr6acu on the'
gar3c proper: boundary and shall 4e.-at least. SO- feet. from, the boundary
4. Other berms may be required as mining progresses to reduce the noise and
visual impact upon the quarry.
Condition No. 5 - Donation of Quarry to the State
Pursuant to W,ike 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 applying 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 quarr site shall accrue at the end of SO years from the date quarryinq
corunences or 10 years after quarrying operations have ceased without having been
resuiied, whichever is later end notices shall be exchanged at that time in the -
same, manner and wiCh the sam(> 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 the quarry site shall be by deed containing the usual
covenants of warranty and conveying the quarry site free and clear of all encum-
brances except those existinq at nhe time of Wake Stone's purchase, ad valorem
taxes at the tilnt, of conveyant-c (which shall be prorated), and such drainage and
utility easements as shall have been installed in connection with the development
cY the property.
7. The option may include such other terms as are mutually acceptable to
the State and Wake Stone.

- 7 -
The Mining Commission con(A odes from the evidence submitted in this case
that the operation of the quarry, under the conditions set forth in this decision,
will not have a significant adverse effect on the purposes of the park.
For the unanimous Mining ComiAssion, this the ` llll of� 198i 1981.
0-19inzl aignecf by
Ifenry B. Smith, Chairman
T.W. Tysinger
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: Wehner, Judy <[e-mail]>
Sent: Thursday, February 3, 2011 10:34 AM
To: David Lee
Subject: RE: Triangle Quarry Renewal
5. Only time we need six is for new or adding land to permit.
From: David Lee [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:22 AM
To: Wehner, Judy
Subject: RE: Triangle Quarry Renewal
How many copies of application booklet and maps do you need?
From: Wehner, Judy [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:15 AM
To: David Lee
Subject: RE: Triangle Quarry Renewal
It doesn't matter who you address it to. The fee is $1,000.00. Tell Cole that Floyd is gone. He addressed the
ARRs to him. See you Monday. We will be in a meeting at 9:30.
From: David Lee [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:10 AM
To: Wehner, Judy
Subject: Triangle Quarry Renewal
Judy -
I'm putting the finishing touches on the renewal application for Triangle Quarry. I should hand deliver it to you
on Monday. Two questions:
1. Should I address the cover letter to Janet?
2. What's the renewal fee for a 233 acre site?
Thanks!
-David
David F. Lee
Chief 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
1

David Lee
From: David Lee
Sent: Thursday, February 3, 2011 10:33 AM
To: 'Wehner, Judy'
Subject: RE: Triangle Quarry Renewal
Great, thanks.
From: Wehner, Judy [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:34 AM
To: David Lee
Subject: RE: Triangle Quarry Renewal
5. Only time we need six is for new or adding land to permit.
From: David Lee [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:22 AM
To: Wehner, Judy
Subject: RE: Triangle Quarry Renewal
How many copies of application booklet and maps do you need?
From: Wehner, Judy [[e-mail]]
Sent: Thursday, February 03, 2011 10:15 AM
To: David Lee
Subject: RE: Triangle Quarry Renewal
It doesn't matter who you address it to. The fee is $1,000.00. Tell Cole that Floyd is gone. He addressed the
ARRs to him. See you Monday. We will be in a meeting at 9:30.
From: David Lee [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:10 AM
To: Wehner, Judy
Subject: Triangle Quarry Renewal
Judy -
I'm putting the finishing touches on the renewal application for Triangle Quarry. I should hand deliver it to you
on Monday. Two questions:
1. Should I address the cover letter to Janet?
2. What's the renewal fee for a 233 acre site?
Thanks!
-David

David F. Lee
Chief 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

David Lee
From: David Lee
Sent: Thursday, February 3, 2011 10:22 AM
To: 'Wehner, Judy'
Subject: RE: Triangle Quarry Renewal
How many copies of application booklet and maps do you need?
From: Wehner, Judy [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:15 AM
To: David Lee
Subject: RE: Triangle Quarry Renewal
It doesn't matter who you address it to. The fee is $1,000.00. Tell Cole that Floyd is gone. He addressed the
ARRs to him. See you Monday. We will be in a meeting at 9:30.
From: David Lee[mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:10 AM
To: Wehner, Judy
Subject: Triangle Quarry Renewal
Judy -
I'm putting the finishing touches on the renewal application for Triangle Quarry. I should hand deliver it to you
on Monday. Two questions:
1. Should I address the cover letter to Janet?
2. What's the renewal fee for a 233 acre site?
Thanks!
-David
David F. Lee
Chief 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
i

David Lee
From: David Lee
Sent: Thursday, February 3, 2011 10:17 AM
To: 'Wehner, Judy'
Subject: RE: Triangle Quarry Renewal
Thanks, I'll call before I come down town.
-David
From: Wehner, Judy [mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:15 AM
To: David Lee
Subject: RE: Triangle Quarry Renewal
It doesn't matter who you address it to. The fee is $1,000.00. Tell Cole that Floyd is gone. He addressed the
ARRs to him. See you Monday. We will be in a meeting at 9:30.
From: David Lee[mailto:[e-mail]]
Sent: Thursday, February 03, 2011 10:10 AM
To: Wehner, Judy
Subject: Triangle Quarry Renewal
Judy -
I'm putting the finishing touches on the renewal application for Triangle Quarry. I should hand deliver it to you
on Monday. Two questions:
1. Should I address the cover letter to Janet?
2. What's the renewal fee for a 233 acre site?
Thanks!
-David
David F. Lee
Chief 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

Documents pertaining to 2018 request for correction of Condition 5.6. language

Cole Atkins
From:
Sent:
To:
Attachments:
Judy Wehner
Assistant State Mining Specialist
Land Quality Section
919-707-9227 office
Judy.Wehner(cDncdenr.gov Email
Wehner, Judy <[e-mail]>
Thursday, April 5, 2018 11:48 AM
Cole Atkins
92-10 MOD 2018.pdf
1612 Mail Service Center
Raleigh, North Carolina 27699-1512
512 N. Salisbury Street
Raleigh, North Carolina 27604
Mining Program Website:
https://deq.nc.gov/about/d ivisions/energy-mineral-land-resources/energy-mineral-land-permits/mining-program
f ? C-.
Nothing Compares..
Email correspondence to and from this address is subject to the
North Carolina Public Records Laws and may be disclosed to third parties.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Energy, Mfnera! &
Land Resources
ENVIRONMENTAL QUALITY
Mr. David F. Lee
Wake Stone Corporation
PO Box 190
Knightdale, North Carolina 27545
RE: Permit No. 92-10
Triangle Mine
Wake County
Neuse River Basin
Dear Mr. Lee:
March 28, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Your recent request to have the above referenced mining permit modified has been
approved. The modification includes the correction of discrepancies on the mine map and in
several mining permit conditions. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall
remain the same as before the modification. I would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos. 3 (C
and D were removed, and E was relabel as C), 4B, 7A, 12B and 15 and Reclamation Condition No.
5B.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations lies
with you.
As a reminder, your permitted acreage at this site is 223 acres and the amount of land you
are approved to disturb is 164.45 acres.
Please review the modified permit and contact Judy Wehner, Assistant Mining Specialist, at
[phone] should you have any questions concerning this matter.
Sincerely, C
David Miller, PE
State Mining Engineer
DM/jw
Enclosures
cc: Mr. Bill Denton, PE
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
Nothing Compares_-,.
State of North Carolina Environmental Quality I Energy. ltlinera[ and Land Resources
512 N. Salisbury Street 1 1612 Mail Service Center 1 Raleigh, North Carolina 27b99 1612
919 707 9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGTY, MINERAL AND LAND
RESOURCES
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Wake Stone Corporation
Triangle Quarry
Wake County - Permit No. 92-10
for the operation of a
Crushed Stone Quarry
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
April 1, 1991: This permit has been modified to include three pit expansions, the construction
of a pit perimeter road, and the construction of the visual barrier berm along the 250 foot
permanent buffer zone as indicated on the revised Site Plan and supplemental information
dated February 14, 1991.
February 5, 1992: This permit has been modified to include and require compliance with the
January 20, 1992 blast and rock slide investigative report prepared by Wake Stone
Corporation in its entirety.
October 11, 1996: This permit has been modified to allow the shipping of material after 1:00
PM on Saturdays until such time as the Umstead State Park reopens or the repair of the
Raleigh Outer Loop Project near RDU Airport is completed, whichever comes first.

Page 3
November 24, 2010: This permit has been modified to increase the affected acreage at this
site to 156.6 acres as indicated on the Site Plan Maps last revised November 22, 2010. The
modification includes the construction of a stockpile area contiguous to the existing plant and
stockpile yard and includes the installation and maintenance of all associated erosion and
sediment control measures.
December 1, 2017: This permit has been legislatively modified to issue the permit for the life
of the site or the duration of the lease term.
March 28, 2018: This permit has been modified to correct discrepancies on the mine map and
in several mining permit conditions.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session
Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52
still apply for new, transferred and modified mining permits.
Conditions
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
Wastewater and Quarry Dewaterinq
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary storm water permits or
other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
B. The provisions of Air Quality Permit No. 4386 shall be followed.

Page 4
C. The permanent access (plant entrance) road shall be paved from the scale
house to SR 1790. During quarry operation, water trucks or other means that
may be necessary shall be utilized to prevent dust from leaving the permitted
area.
D. Dust suppression systems shall be used throughout the plant to control dust.
E. Drill hole dust shall be controlled by wetting or other means.
F. Dust control at the crushers and screens shall be maintained by the use of water
sprays.
G. A water spray shall be provided for highway haul trucks.
H. Washed stone shall be stockpiled within the part of the designated plant area
which is closest to the park.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer shall be maintained between any affected land and any
adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the
natural watercourse or wetland.
C. All buffer zones shown on the Site Plan Map revised February 26, 2018 shall be
maintained to protect adjoining property. These buffer zones, with the exception
of the installation of required sediment control measures and approved earthen
berms, shall remain undisturbed
4. Erosion and Sediment Control
A. Adequate mechanical barriers including, but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Site
Plan Map revised February 26, 2018 and the supplemental information received
on February 7, 2011.

Page 5
C. An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for a
mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
5. Groundwater Protection
Groundwater monitoring wells shall be installed and monitored as deemed appropriate
by the Department.
6. Noise Abatement
All reasonable precautions shall be taken to minimize the impacts of operational noise
upon Umstead Park. Said measures shall include, but not be limited to the following:
A. Noise barriers between the park boundary and the crushers and screening
towers to minimize noise levels at the park shall be provided from the onset of
the operation. Noise barriers may be enclosures, walls, bins, structures,
stockpiles or natural terrain. In the event there is disagreement over the required
noise control measure, the final design and placement of noise barriers shall be
determined by qualified noise and engineering consultants mutually agreed upon
by both parties.
B. The plant shall be located at the lowest feasible elevation.
C. The plant shall be designed so that the primary crusher can be relocated in the
pit at the earliest possible date.
D. The chutes used in processing shall be rubberized.
E. Compressors with noise abatement enclosures (currently called whisperized
compressors) shall be used with track drills to open the quarry. Once the quarry
is opened, either hydraulic or down -in -the -hole drills shall be used to further
reduce noise.
F. Pit haul trucks shall be equipped to exhaust through the beds of the trucks to
muffle engine noise.
G. Conveyors rather than trucks shall be used for stockpiling material.

Page 6
H. The quarry and stone process operations shall be operated on Monday through
Friday and shall not be operated on the following recognized holidays: New
Years Day, Easter Monday, Fourth of July, Labor Day, Thanksgiving Day, and
Christmas Day. A reasonable amount of hauling of processed stone from the
stockpile areas is permitted until 1:00 PM on Saturdays but hauling shall not be
done at any other time on weekends or on holidays without prior approval from
the Department.
7. Processing Plant Location
A. The processing and stockpiling facilities shall be located as indicated on the Site
Plan Map revised February 26, 2018.
B. The plant shall be located to place the processing and stockpiling activities at the
lowest possible elevation to reduce visibility and noise impacts on Umstead State
Park.
C. The 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 at an elevation lower than the surrounding natural ground in the initial
phases of quarrying.
8. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off -site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.
B. Overburden cut slopes along the perimeter of the quarry opening shall be graded
to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety
bench shall be provided at the top of the rock and at the toe of any overburden
slope.
9. Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.

Page 7
10. Blasting
The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly occupied structure not owned or
leased by the operator. A seismographic record including peak particle velocity, air
overpressure, and vibration frequency levels shall be kept for each blast (except as
provided under Operating Condition Nos. 8B and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
A. Ground Vibration with Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
10.0
V
C
V
0
7 2.0
u
1.0
CL 0.9
0.7
A 0.6
3 O.S
0.4
4
E o.3
0.2
x
R
0.1
2 inlsec
0.75 inisec
i
i
11
10.0
2.0
1.5
.
0.7
0.6
0.5
0.4
0.3
0.2
4 10 20 a0 100
Blast Vibration Frequency, Hz
Figure 1 Altemative blasting level critena
(Source modified from figure B- t . Bureau of Mines R 1850 7)

I:1
A
Page 8
Ground Vibration without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
W = (D/DS)2 Ds = D
W1l2
V = 160(Ds)"
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
Ds = Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
Air Blast with Monitoring:
Air blast overpressure resulting from surface blasting shall not exceed 129
decibels linear (dBL) as measured at the immediate location of any regularly
occupied building not owned or leased by the operator outside of the permitted
area such as a dwelling house, church, school, or public, commercial or
institutional building, unless an alternate level based on the sensitivity of the
seismograph microphone as specified below is being used:
Lower Frequency Limit of Max Level,
Measuring System, in Hz in dBL
0.1 Hz or lower -flat response
134 peak
2.0 Hz or lower -flat response
133 peak
6.0 Hz or lower -flat response
129 peak
D. Air Blast without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
To convert U (psi) to P (dBL):
U = 82 (D/W°.33)-1.2
P = 20 x log (U/2.9x10-9)

Page 9
Confined Air blast/Overpressure (dBL)
for quarry situation:
A=P-35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
F. Excessive Ground Vibration/Air Blast Reporting:
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. Flyrock Prevention:
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of the Mining Permit.

Page 10
H. Flyrock Reporting:
Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on
the mine site shall be suspended until the following actions have been taken:
A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. A report detailing the investigation shall be provided to the Department
within 10 days of the incident. The report shall, at a minimum, document
the cause(s) of the incident along with technical and management actions
that will be taken to prevent further incidents. The report shall meet with
the approval of the Department before blasting may resume at the mine
site.
Studies:
The operator shall provide to the Department a copy of the findings of any
seismic studies conducted at the mine site in response to an exceedence of a
level allowed by these blasting conditions. The operator shall make every
reasonable effort to incorporate the studies' recommendations into the
production blasting program.
J. Notice:
The operator shall, when requested by the Department, give 24-hour advanced
notice to the Division of Energy, Mineral and Land Resources Regional Office
prior to any blast during a period for which notice is requested.
K. Regarding blasting activities conducted to lower the haul road along the western
boundary of the "Pit Expansion Initiated During 1989" area and Crabtree Creek,
all of the corrective actions/steps outlined in the blast and rock slide investigation
report prepared by Wake Stone Corporation dated January 20, 1992 shall be
followed. In addition, any areas disturbed as a result of the previous rock slide
and its subsequent removal shall be restored to its natural, pre -disturbed state or
an alternative acceptable to the Department.
11. High Wall Barrier
A physical barrier consisting of large boulders placed end -to -end, fencing or other
acceptable barrier materials shall be maintained at all times along the perimeter of any
highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide
horizontal safety bench shall be provided at the junction between the top of rock and
the toe of any overburden cut slope.

Page 11
12. Visual Screeninq
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
appropriate by the Department.
B. Vegetated earthen berms shall be located and constructed as shown on the Site
Plan Map revised February 26, 2018. In addition to grasses, long leaf and/or
Virginia pines or other acceptable evergreen species shall be planted as deemed
appropriate by the Department to improve visual and noise buffering.
C. Other berms may be required as mining progresses to reduce the noise and
visual impact upon Umstead State Park.
13. Plan Modification
The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
14. Refuse Disposal
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Division of Energy, Mineral and
Land Resources, Department of Environmental Quality. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral and Land
Resources considers the following materials to be "mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables

Page 12
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Energy, Mineral and Land Resources prior to commencement of such
disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established
15. Annual Reclamation Report and Annual Operating Fee Submittal
An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be
submitted to the Department by July 1 of each year until reclamation is completed and
approved for release by the Department.
16. Bondin
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$1,000,000.00 blanket bond, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
17. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.

Page 13
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards as Provided By G.S. 74-53:
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to allow the quarry excavation to fill with water, provide a permanent barricade
(fence) along the top of any high wall, and grade and revegetate any areas in
unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

Page 14
A. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. 14A
through D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
G. Any diverted or re-established drainage channels shall be restored to a stable
condition.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated according to the following provisions:
Site Preparation: The land surfaces shall be graded and/or shaped as necessary to
create grades applicable to the subsequent use of the site, but in no case will any slope
greater than 26 degrees in unconsolidated material be left. Loose rock, woody material
and other obstructions that would interfere with the establishment of vegetation planned
for the site shall be removed and either buried or properly disposed of off -site in
accordance with Operating Condition Nos. 14A through D above. Surface runoff shall
be controlled by terraces or diversions to allow discharge through protected outlets.
Lime and Fertilizer: Lime and fertilizer shall be applied in accordance with soil test
result or at a rate of 2,000 lbs/acre of lime and 1000 Ibs/acre of 10-20-20 fertilizer.
Seedbed Preparation: Lime and fertilizer shall be mixed with the soil to a depth of three
to four inches where conventional equipment can be used. On slopes steeper than
about 2:1, soils shall be grooved or scarified along the contour to provide for retention
of seeds and nutrients on the slope until germination and growth is started. On steep
slopes not accessible to seeding equipment, seed, nutrients and mulch, shall be
applied by hand.

Page 15
Revegetation: Typical seed mixtures to be utilized include fescue -rye, fescue-rye-
lespedeza, and fescue-lespedeza, where the lespedeza used may be Korean or Kobe
or Sericea. All rye species to be utilized shall be rye grain rather than rye grass. In fall
or spring plantings, seeding mixtures shall utilize 100 lbs. Fescue and 50 lbs. Rye per
acre to be planted. Late spring plantings in certain areas may contain up to 40 lbs.
Kobe/Korean per acre where desirable to supplement natural deer browse. Sericea
lespedeza shall be utilized at a rate of 20 to 40 lbs. per acre in combination with Fescue
when planting excessively droughty soils or steep slopes. When using lespedeza
species in fall plantings, non -scarified seed shall be utilized. Scarified seed shall be
utilized in spring plantings. Newly seeded areas shall be mulched with unchopped
small grain straw applied at a rate of 1.5 to 2 tons per acre, or until approximately 75%
of the soil is hidden.
Loblolly pines (or other acceptable evergreen species) and red cedar seedlings shall be
planted at selected sites to provide visual screens and revegetation. Evergreen
seedling plantings shall be done on a staggered 4 feet by 4 feet pattern.
Maintenance: Plant placement and other maintenance that may be required to
establish vegetative cover appropriate to the reclamation plan for this site shall be
carried out until vegetation is properly established.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
5. Donation to State:
This provision is pursuant to Wake Stone Corporation's offer to donate the quarry site
to the State as part of its reclamation plan.
The term "quarry site" shall include the entire pit as it exists after quarrying has been
completed, a strip extending at least 50 feet back from the top of the slope of the pit on
all sides, and a reasonable area to connect the pit and surrounding strip to the Park,
constituting a total area of at least 75 acres.

Page 16
The method by which the quarry site may be donated to the State is as follows: Wake
Stone Corporation will grant to the State an option which, if exercised by the State, will
require that Wake Stone Corporation convey a fee simple title to the quarry site to the
State. The State shall have no obligations to exercise its option to accept a
conveyance of the quarry site. The option may include such other terms as are mutually
acceptable to the State and Wake Stone Corporation.
During the option period, Wake Stone Corporation shall have the right to encumber all
of its remaining property from time to time by mortgage, deed of trust or other security
agreement then in common use for the purpose of securing one or more bona fide
obligations of Wake Stone Corporation, such as the payment of money or the providing
of any goods or services. The option to the State shall be subordinate to each such
encumbrance in the same manner and to the same extent as if such option has been
recorded after the restoration of each such encumbrance.
The right of the State to exercise its option shall be subject to:
Wake Stone Corporation not being prohibited by the US Government. State of
North Carolina, Wake County, any municipality having jurisdiction, or by any
other court from removing from Wake Stone Corporation's property all
quarryable stone which is outside of the buffer zones referred to in Operating
Condition No.3 of this permit. The requirements by the State that Wake Stone
Corporation comply with laws and rules and regulations generally applicable to
stone quarrying shall not be deemed a prohibition of quarrying for the purpose of
the option agreement.
The conveyance of the quarry site, if approved by the State, shall be by deed containing
the usual covenants of warranty and conveying the quarry site free and clear of all
encumbrances except those existing at the time of Wake Stone Corporation's
purchase, ad valorem taxes at the time of conveyance (which shall be prorated), and
such drainage and utility easements as shall have been installed in connection with the
development of the property.
The terms and conditions of the option shall be as follows:
A. When all quarryable stone has been removed from all of the land and belonging
to or under the control of Wake Stone Corporation during the period of it
quarrying operations and which lies between Umstead State Park and Interstate
Highway 40, it shall be the duty of Wake Stone Corporation to notify the State of
this fact. Upon receipt of such notice, the State shall have six months within
which it may elect to have Wake Stone Corporation convey the quarry site to the
State. If the State elects to have Wake Stone Corporation convey the quarry site
to the State, it shall notify Wake Stone Corporation of such election within said
six month period. All notices shall be by certified mail and return receipt
requested.

Page 17
If the State fails to make election within said six month period or shall elect not
to accept a conveyance of the quarry site, the option shall be thereupon
terminate and Wake Stone Corporation shall have no further obligation to convey
the quarry site to the State.
B. If all quarryable stone is not removed, the right of the State to acquire the quarry
site shall accure 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.
C. Until the option has expired, Wake Stone Corporation shall not encumber by
mortgage or deed of trust of any of the area designated "BUFFER AREA" on
Wake Stone Corporation's Site Plan last revised February 26, 2018 except for
purchase money security interests.
The terms and conditions relating to the donation are placed herein to prescribe
generally the boundaries of the Wake Stone Corporation offer. The acceptance by the
State is subject to approval by the Department of Administration and the council of
State and the 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."
This permit, issued May 13, 1981, modified April 15, 1986, renewed and modified April
1, 1991, modified February 5, 992 and October 11, 1996, renewed April 20, 2001,
modified November 24, 2010�enewed March 30, 2 11 and modified December 1,
2017, is hereby modified thii$ Otyday of March, �8 pursuant to G.S. 74-52.
c
William E. Vinson, Jr., Interim" Director
Division of Energy, Mineral and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

Cole Atkins
From: David Lee
Sent: Monday, March 26, 2018 2:24 PM
To: Wehner, Judy
Cc: Sam Bratton; Cole Atkins
Subject: Triangle Quarry - Mining Permit 92-10
Attachments: Corrections for Permit 92-10.pdf
Judy -
Cole forwarded to me the revised Permit 92-10 for our Triangle Quarry which he received via email earlier today. After
reading the revised permit, we have discovered several editorial/typographical errors that should be corrected. I am
attaching a PDF of pages 3, 4, 14, and 17 with those needed corrections noted in red pen.
• Under Operating Condition 3. Buffer Zones, conditions C and D are unnecessary, should be deleted, and
Condition E re -lettered as "C". Condition E, which references the February 26, 2018 Site Plan Map, adequately
addresses all buffers.
• Modification history section: The December 1, 2018 date for life of mine should be December 1, 2017 (Session
Law 2017-209).
• Same section: "correction of should be "correct" under the March 19, 2018 modification reference.
• Operating Condition 2 —formatting - need a space between 2A and 2B.
• Reclamation Condition 2E should reference 14A through D (not 12A through D).
• Reclamation Condition 3 under Site Preparation should also refer to 14A through D, not 12A through D.
• Reclamation Condition 5C should be updated to reference the Site Plan revised February 26, 2018 as this
condition relates to "BUFFER AREA" (not the old February 4, 2011 map).
• The Division and Department name under the signature on the last page need to be updated.
If necessary, Cole and/or I can meet with you and David at your convenience to discuss these needed
corrections. Please let he or I know if that would be beneficial. The easiest fix may be to simply send corrected pages to
be slip -sheeted into our copy of the permit.
Thank you for your prompt attention to this matter,
-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.wakestonecoro.com
Cell: 919-369-3449
Home: 919-553-4666

Page 3
November 24, 2010: This permit has been modified to increase the affected acreage at this
site to 156.6 acres as indicated on the Site Plan Maps last revised November 22, 2010. The
modification includes the construction of a stockpile area contiguous to the existing plant and
stockpile yard and includes the installation and maintenance of all associated erosion and
sediment control measures.
%-V(q
December 1,,�S--This permit has been legislatively modified to issue the permit for the life
of the site or the duration of the lease term.
cofl�
March 19, 2018: This permit has been modified to correelan of discrepancies on the mine
map and in several mining permit conditions.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session
Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52
still apply for new, transferred and modified mining permits.
Conditions
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary storm water permits or
other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
-' B. The provisions of Air Quality Permit No. 4386 shall be followed.
C. The permanent access (plant entrance) road shall be paved from the scale
house to SR 1790. During quarry operation, water trucks or other means that

Page 4
may be necessary shall be utilized to prevent dust from leaving the permitted
area.
D. Dust suppression systems shall be used throughout the plant to control dust.
E. Drill hole dust shall be controlled by wetting or other means.
F. Dust control at the crushers and screens shall be maintained by the use of water
sprays.
G. A water spray shall be provided for highway haul trucks.
H. Washed stone shall be stockpiled within the part of the designated plant area
which is closest to the park.
3. Buffer Zones
A_ Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer shall be maintained between any affected land and any
adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the
natural watercourse or wetland.
A minimum buffer zone of 250 feet shall be maintained between any mining
Q activity and Crabtree Creek along the north side of the mine site.
4)"" A minimum buffer zone of 100 feet shall be maintained between any mining
OAt7 activity and both the Umstead Park property and adjoining property along the
east and south sides of the mine site, respectively.
All buffer zones shown on the Site Plan Map revised February 26, 2018 shall be
maintained to protect adjoining property. These buffer zones, with the exception
of the installation of required sediment control measures and approved earthen
berms, shall remain undisturbed.
w� 345'
U
r

Page 14
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. A.
through D,
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
G. Any diverted or re-established drainage channels shall be restored to a stable
condition.
3. Revegetation Plan. -
Disturbed areas shall be permanently revegetated according to the following provisions:
Site Preparation: The land surfaces shall be graded and/or shaped as necessary to
create grades applicable to the subsequent use of the site, but in no case will any slope
greater than 26 degrees in unconsolidated material be left. Loose rock, woody material
and other obstructions that would interfere with the establishment of vegetation planned
for the site shall be removed and either buried or properly disposed of off -site in
accordance with Operating Condition Nos.,42A through D above. Surface runoff shall
be controlled by terraces or diversions to allow discharge through protected outlets.
Lime and Fertilizer: Lime and fertilizer shall be applied in accordance with soil test
result or at a rate of 2,000 lbs/acre of lime and 1000 Ibs/acre of 10-20-20 fertilizer.
Seedbed Preparation: Lime and fertilizer shall be mixed with the soil to a depth of three
to four inches where conventional equipment can be used. On slopes steeper than
about 2:1, soils shall be grooved or scarified along the contour to provide for retention
of seeds and nutrients on the slope until germination and growth is started. On steep
slopes not accessible to seeding equipment, seed, nutrients and mulch, shall be
applied by hand.

Page 17
terminate and Wake Stone Corporation shall have no further obligation to convey
the quarry site to the State.
B. If all quarryable stone is not removed, the right of the State to acquire the quarry
site shall accure 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.
C. Until the option has expired, Wake Stone Corporation shall not encumber by
mortgage or deed of trust of any of the area designated "BUFFER AREA" on
Wake Stone Corporation's Site Plan dated February A --24++ except for
purchase money security interests. ZGt Zo (b
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."
This permit, issued May 13, 1981, modified April 15, 1986, renewed and modified April
1, 1991, modified February 5r, 1992 and October 11, 1996, renewed April 20, 2001,
modified November 24, 201 , renewed March 30, 2011 and modified December 1,
2017, is hereby modified tl gglh day of March,018 pursuant to G.S. 74-52.
c
William E. Vinson, Jr., Interim erector
Division of Land R_esou es _ ��LP.
By Authority of�Tit e Secretary
Of the Department of Environment and Natural Resources
PC&

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 513 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.
DF
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 <[e-mail]>; Wehner, Judy <[e-mail]>
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

DUORE THE MINING CONLMISSION
In the Matter of Denial of FINAL DECISION
Permit Application of
Wake Stone Corporation
In accordance with this Commission's initial findings of pact, Conclusions,
and Decision of January 27, 1981, cis amended and Corr,acted, and with the
March 12, 1981 Agreement of Vako Stone Corporation :,nd the Division of Land
Resources, Department of Natural Resources and Conununity Development, concerning
the Conditions enumerated below as 1, 2, 4, and 5; and upon consideration of
the supplementary arguments of the parties concerning Condition 3, infra, the
Mining Commission hereby orders that the Division of Land Resources grant to
Wake Stone Corporation the permit applied for with the following conditions:
Condition No. 1 - Minimize noise dust, and other possible adverse effects.
Noise
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 bcr.riers 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
situ plan-
2. The plant shall 1)e designed so that the primary crusher can be relocated in
the pit at the earliest possible date.
4. The chutes used in processing shall be rubberized.

- 2 -
5. Compressors with noise abatement enclosures (currently called whisperized
compressors) shall be used with track drills to open the quarry. Once
the quarry is opened, either hydraulic or down-in-Che-hole drills shall
be used to further reduce noise.
6. Only such blasting techniques as minimize noise shall be einpluyed.
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;ckpiling material.
9. The quarry shall be operated only on Monday through rriday 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 stockpilod within the part of the designated plant
area which is closest to the park.

- 3 -
Condition No. 2 - optimize processing and stockpiling facilities to minimize
possible effects on the park.
1. The processing and stockpiling facilities shall be relocated as indicated on
the Wake Stone revised site plan submitted February 18, 1981. The purpose
of this relocation shall be to screen the park from the sight and sound
of the operation, reduce erosion, and shield the operation from public
view along Interstate 40.
2. The relocation shall place the processing and stockpiling facilities at a
lower elevation to reduce visibility and noise.
3. The stockpiles shall be located close to the quarry entrance roads.
4. The plant and stockpile area shall be close to the intersection of SR.1790
and SR 1654.
5. The initial site disturbance from both quarry excavation and plant site
development shall be confined to one drainage system, which is now already
protected by ponds which will serve as sediment basins. The purpose of
this relocation is to aid erosion and sediment control.
6. The new location of the pit shall be such that, once the overburden is
removed, the quarry excavating equipment - i.e. compressor and drill,
shovels, and trucks - can be placed below the surrounding land at the
initial phases of quarrying.
Condition No. 3 - Buffer Zone Plan
1. The extent of the completely undisturbed buffer zone to be maintained between
the park boundary during the 10 year permit shall be as indicated on the
revised plan and modified by r:cceotions 2, 3, :ind 4 listed on i a,e ` c-
';'ake. Stone Cor,xora t ion' c,?niorandum of aarch 10, V301 , except all o^ the
area north of ,lie te:n-year buffer line shall be left as a natural puffer

- 4 -
zone and not be develc,pr.-] or altered for commercial purposes.
Condition No. 4 - Construction of Berms
1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation
plant and the western boundary of the park as shown on Wake Stone Corporation's
revised site plan.
2. Berm dimensions shall be no less than indicated on Wake Stone Corporation's
revised site plan and may hF higher and longer than shown,(—E'aC�CC[rt Lila berm ;
vhall not encroach on the IK-imi-in€ nt buffer zone.l?
3. (Tl1�: sine slobs of the Lreztn , r.1�11'Se z��cad�d _to a stable jade of 2 ,.horixontai
.__ Lto zo .g
1 vertical rage- or Beer :a—AArev tateob ifie s� icfes:_$ntI ^ wst�
S grasses: and�evgr een- *es.Tix: toe of the berm shall now-�sucroa -off the'
l par ` ` -rya r shall ice. at . east �50 feet irom. the up a. >
4. Other berms may be required as mining progresses to reduce the noise and
visual impact upon the quarry.
Condition No. 5 - Donation of Quarry to the State
Pursuant to Wake Stone Corporation's offer to donate the quarry site to
the State as part of its reclamation plan, the terms and conditions of the offer
and acceptance shall be set forth in the reclamation plan as follows.
The term, "quarry site", shall include the entire pit as it exists after
quarrying has been completed, a strip extending at least 50 feet back from the
top of the slope of the pit on all sides (see the reclamation plan for the
requirements applying to the slope), and a reasonable area to connect the pit -
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 sic 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 vears from the date quarrying
commences or 10 years after quarrying operations have ceased without having been
rtsjmed, whichever 1s later anj notices shalt be exchanged at that Time in�he
same manner and with the sanx! 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 dosi7nated "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 those existing at the time of Wake Stone's purchase, ad valorem
taxes at the ti.nif• of conveyance (which shall be prorated), and such drainage and
utility easements: as shall have been installed in connection with the development
ct the property.
7. The optJ.on may include such other terms as are mutually acceptable to
the State and Wake Stone.

- 7 -
The Mining Commission con<:lrules from the evidence submitted in this case
that the operation of the quarry, under the conditions set forth in this decision,
will not have a significant adverse effect on the purposes of the park.
For the unanimous Mining Corunission, this the gzjnp 0f31981 1961.
Henry i3. Smith, Chairman
O'igin!,Jigned 4
T.W. Tysinger
W.W. Woodhouse
Commissioners Barkalow and Long took no part in the disposition of the case.

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.
February 26, 2018
Ms. Judith A. Wehner, Assistant State Mining Specialist
NC DEQ Division of Energy, Mineral, and Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
RE: Wake Stone Corporation Triangle Quarry
Mining Permit 92-10
Wake County
Dear Ms. Wehner:
Business Office Address:
P.O. Box 190
6821 Knightdale Blvd.
Knightdale, N.C. 27545
919/266-1100
Fax: [phone]
During a recent review of the referenced Mining Permit and approved Site Plan Map for the
Triangle Quarry, we discovered that the current Site Plan Map does not properly delineate the property
boundary as the centerline of Crabtree Creek. This is inconsistent with the enclosed copy of the
Composite Property Plat recorded at Page 364 in Book of Maps No. 1982 of the Wake County Public
Registry. It appears that this discrepancy occurred during our company's transition to digital mapping.
This discrepancy is critical in that the permit stipulated buffers are to be measured from the Property
Boundary/Mining Permit Boundary (which are one and the same).
By this letter, we request that Operating Condition No. 3 on Page 4 of our mining permit be
administratively revised to require that all buffers be maintained as referenced on the enclosed Site Plan
Map revised February 26, 2018. The enclosed Site Plan Map graphically illustrates the corrected buffers
measured from the centerline of Crabtree Creek which is the Property Boundary/Mining Permit Boundary
along the north and west boundaries of the mine site. Please note that there are no changes proposed
to the mining operation and that this mapping adjustment does not change the currently approved
permitted and affected acreage at this site (the acreage approved in the permit was based upon the
mining permit boundary being located at the centerline of the creek).

Ms. Judith Wehner
February 26, 2018
Page 2
As the requirements specified in Operating Conditions 3.C. and 3.1). are covered by Operating
Condition 3.E.'s reference to such buffers on the approved Site Plan Map, we request that Operating
Conditions 3.C. and 3.1). be removed from the permit and that Operating Condition 3.E. becomes the new
Operating Condition 3.C. that reads as follows:
All buffer zones shown on the Site Plan Map revised February 26, 2018 shall be maintained to
protect adjoining property. These buffer zones, with the exception of the installation of required erosion
and sedimentation control measures and approved earthen berms, shall remain undisturbed.
As we are requesting that the mining permit document be updated to reflect these mapping
adjustments, we assume that this administrative change to the mining permit is considered a mining
permit modification. Please accept this letter and the enclosed $750 check as our formal request to
modify our mining permit. I assume that as there are no changes in the mining operation, this request
can be reviewed internally by DEMLR's central and regional offices.
Thank you for your consideration of this request. If you should have any questions or need
additional information, please contact me at [phone], ext. 134.
Sincerely,
Wake Stone Corporation
4DaviLee, Envi me tal Supervisor
Enclosures: As noted

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COMPILED BY PHpTOGRPMNETRIC METHODS
WAKE STONE CORPORATION
Wake Stone Corporation
Triangle Quarry
Mining Permit No. 92-10
s
Site Plan Map
Permit Renewal - February 2011
(Revised 02/26/2018 to Clarify Buffers)

Cole Atkins
From: Wehner, Judy <[e-mail]>
Sent: Wednesday, February 21, 2018 8:50 AM
To: Cole Atkins
Subject: RE: [External] File Review
I am here!
From: Cole Atkins[mailto:[e-mail]]
Sent: Wednesday, February 21, 2018 8:32 AM
To: Wehner, Judy <[e-mail]>
Subject: [External] File Review
Good morning Judy,
I just wanted to check to make sure that this morning was still convenient for me to come do a file review for our
Triangle Quarry, Mining Permit No. 92-10. It shouldn't take very long.
Thanks,
Cole
L. Cole Atkins
Geologist/Environmental Specialist
Wake Stone Corporation
[phone]
WAKE STONE
CORPORATION

Documents pertaining to ADI #6, Question #4

Tom Oxholm
From:
Tom Oxholm
Sent:
Friday, February 5, 2021 2:20 PM
To:
Sydney Batch; Sen. Sarah Crawford; Mary -Ann Baldwin ([e-mail]);
[e-mail]
Cc:
Sydney Dougan (Sen. Sydney Batch)
Subject:
RE: Sunset Clause
Attachments:
2021 Response re Sunset Clause.pdf
Senators Batch and Crawford:
Thank you for letting us know about the emails you, and likely other elected officials, are getting regarding the "sunset
clause" for Wake Stone Corporation's Triangle Quarry mining permit.
Please share this email and attachments with the Wake delegation. I am copying Mayor Baldwin and Chairman Calabria
for them to share as well.
In 1980, Wake Stone applied for a mining permit for its current Triangle Quarry adjacent to Umstead State Park. The
State through its agency denied the permit request and Wake Stone appealed to the state Mining Commission. The
Mining Commission reviewed the permit request in great detail with most of its concern being about the potential
significant adverse impact on Umstead State Park. Their FINAL DECISION is attached. They approved the permit,
reversing the agency, and in the process added a number of stipulations for the quarry and Wake Stone in its FINAL
DECISION. One of those stipulations is in regards to some of the quarry site being offered to the State at the end of the
quarry operations or at a time certain, and the state having the option to take it or not, as they would decide at that
future point in time. As you can see on page 5, paragraph 2, the time that the state option "...shall accrue at the end of
fifty years from the date quarrying commences or ten years after quarrying operations have ceased without having been
resumed, whichever is later,...".
The Triangle Quarry Mining Permit included all of the stipulations in great detail as laid out by the Mining Commission
FINAL DECISION, including the stipulation above. BUT, for some reason, the word "later" was changed to "sooner". This
small, but very important change, was not caught by Wake Stone management in 1981.
At that time Mining Permits had to be renewed every ten years. The Triangle Quarry Permit was renewed in 1991, 2001,
and 2011 as required. In the 2011 permit renewal Wake Stone personnel brought to the attention of the state agency
the error. The agency decided not to correct the clause at that time.
In 2017, it became apparent that the continuation of the quarry was more likely IF a permit modification was approved
to expand the quarry to mine RDUAA land. And for that to be allowed, the original intent of the Mining Commission
1981 FINAL DECISION would need to be corrected.
Wake Stone again brought the issue to the attention of the DEQ's Division of Energy, Mineral, and Land Resources
(DEMLR) and they processed a correction of the word "sooner" to "later". They reported to us that they had asked the
NC Attorney General to review the matter before they corrected it and the AG's office approved. Right behind the FINAL
Decision is a copy of an email from State Mining Specialist of DEMLR to a Mr. Johnson who inquired about this same
manner. Mr. Miller's response affirms what I laid out above in a lot fewer words.
Please call me if you have any further questions.
Thank you
Tom
From: Sydney Batch <[e-mail]>
Sent: Friday, February 5, 2021 10:34 AM
To: Tom Oxholm <[e-mail]>

Cc: Sydney Dougan (Sen. Sydney Batch) <[e-mail]>
Subject: Quick question
Tom,
I hope you and your family are doing well! I received any email in my legislative account about Wake Stone. I have
quoted the information below for your reference. I don't know what she is talking about and was hoping that you could
give me some context about the issue.
She emailed and said: 'Please reinforce the sunset clause that wake stone mysteriously altered and save the Oddfellows
tract adjacent to Umstead Park! What a terrible place for a quarry!'
I am not familiar with the sunset clause. Any help with me understanding the sunset clause would be appreciated.
Thanks!
SydneyJ. Batch, J.D., M.S.W.
120 Penmarc Dr., Suite 101
Raleigh, NC 27603
Phone: [phone]
Fax: [phone]
Website: www.batchwilliams.com

BEFORE THE MINING COMMISSION
in the Matter of Denial of FINAL DECISION
Permit Application of
Wake Stone Corporation
In accordance with this Commission's initial Findings of Fact, Conclusions,
and Decision of January 27, 1981, as amended and corrected, and with the
March 12, 1981 Agreement of Wake Stone Corporation and the Division of Land
Resources, Department of Natural Resources and Community Development, concerning
the Conditions enumerated below as 1, 2, 4, and 5; and upon consideration of
the supplementary arguments of the parties concerning Condition 3, infra, the
Mining Commission hereby orders that the Division of Land Resources grant to
Wake stone Corporation the permit applied for with the following conditionse
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 event there is disagreement over the required
noise control measures, the final design and emplacement of noise barriers
shall be determined by qualified noise and engineering consultants mutually
agreed upon by both parties.
2. The plant shall be located at a lower elevation as indicated on the required
site plan.
3. The plant shall be designed so that the primary .crusher .can be relocated in
the pit at the earliest possible date.
4. The chutes used in processing shall be rubberized.
N

- 2 -
5. Compressors with noise abatement enclosures (currently called whisperized
compressors) shall be used with track drills to open the quarry. Once
the quarry is opened, either hydraulic or down -in -the -hole drills shall
be used to further reduce noise.
6. Only such blasting techniques as minimize noise shall be employed.
7. Pit haul trucks shall be equipped to exhaust through the beds of the
trucks to muffle engine noise.
S. Conveyors rather than trucks shall be used for stockpiling material.
9. The quarry shall be operated only on Monday through Friday and shall not
be operated on State -recognized holidays.
Dust
1. The access road to the quarry,from the scale house to SR 1790,shall be
paved. wake stone Corporation agrees to cooperate with the Department
of Transportation in paving SR 1790 from the entrance to the quarry to
the intersection with SR 1654.
2. The provisions of the air quality permit No. 4386 shall be followed.
3. A water wagon with sprays shall be used for wetting roads to prevent dust.
4. Sprays shall be used throughout the plant at transfer points to control
dust.
5. Drill hole dust shall be controlled by wetting or other means.
6. Dust control shall be maintained by the use of water. sprays.
7. A water spray shall be provided for highway haul trucks.
8. Washed stone shall be stockpiled within the part of the designated plant
area which is closest to the park.

A
- 3 -
Condition No. 2 - Optimize processing and stockpiling facilities to minimize
possible effects on the park.
I. 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
I
and SR 1654.
5. The initial site disturbance from both quarry excavation and plant site
z �
' development shall be confined to one drainage system, which is now already
i
protected by ponds which will serve as sediment basins. The purpose of
this relocation is to aid erosion and sediment control. (,
I
6. The new locatiun of the pit shall be such that, once the overburden is
removed, the quarry excavating equipment - i.e. compressor and drill,
I
shovels, and trucks - can be placed below the surrounding land at the
I
initial phases of quarrying. I
Condition No. 3 - Buffer Zone Plan {
1, The extent of the completely undisturbed buffer zone to be maintained between
t
the park boundary during the 10 year permit shall be as indicated on the
revised plan and modified by Exceptions 2, 3, and 4 listed on Page 2 of
Wake Stone Corporation.'s nemorandum of March 10, 1981, except all of the
area north of the Yen -year buffer line shall be left as a natural buffer

3
ILV
- 4 -
zone and not be developed or altered for commercial purposes.
i
Condition No. a - Construction of Berms
1. A vegetated earthen berm shall be constructed between the Wake Stone Corporation
i
f
plant and the western boundary of the park as shown on Wake Stone Corporation's
revised site plan.
2. Berm dimensions shall be no less than indicated on Wake Stone Corporation's
revised site plan and may be higher and longer than shown, except the berm
shall not encroach on the permanent buffer zone.
3. The side slopes of the berm shall be graded to a stable grade of 2 horizontal
to 1 vertical grade or flatter and revegetated on the sides and top with
grasses and evergreen trees. The toe of the berm shall not encroach on the
park property boundary and shall be at least 50 feet from the boundary.
' 4. other berms may be required as mining progresses to reduce the noise and
visual impact upon the quarry.
Condition No. 5 - Donation of Quarry to the State
Pursuant to Wake Stone Corporation's offer to donate the quarry site to
the state as part of its reclamation plan, the terms and conditions of the offer
and acceptance shall be set forth in the reclamation plan as follows.
The term, "quarry site", shall include the entire pit as it exists after
quarrying has been completed, a strip extending at least 50 feet back from the
top of the slope of the pit on all sides (see the reclamation plan for the
requirements applying to the slope), and a reasonable area to connect the pit
and surrounding strip to Umstead Park, constituting a total area of at least
75 acres.

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
a 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.

- 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,
b. 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 the quarry site shall be by deed containing the usual
covenants of warranty and conveying the quarry site free and clear of all encum-
brances except those existing at the time of Wake Stone's purchase, ad valorem
taxes at the time of conveyance (which shall be prorated), and such drainage and
utility easements as shall have been installed in connection with the development
of the property.
7. The option may include such other terms as are mutually acceptable to
the State and Wake Stone.

L].
- 7 -
`i The Mining Commission concludes from the evidence submitted in this case
that the operation of the quarry, under the conditions set forth in this decision,
will not have a significant adverse effect on the purposes of the park.
For the unanimous Mining Commission,
this the M$ of3198t , 1981.
oJ'4tilja! siyned•6#
Henry B. Smith, Chairman
01-1#1na1 ,elgnod l
W.W. Woodhouse
T.W. Tysinger
Commissioners Barkalow and Long took no part in the disposition of the case.
ri
L

AMM
('
In the Matter of Denial of)
Permit Application of the )
Wake Stone Corporation )
BEFORE THE MINING COMMISSION
Amendment to the
Final Decision
The 250' buffer area shorn on the northern boundary and
the 100' buffer area on the eastern boundary of Wake Stone's pro-
perty is considered by the commission the permanent buffer zone.
This the 3rd day of April 1901.
Henry B. ith, Chairman
T':"W. Tys3 ger
W: N. Woodhouse, Jr.

Wehner, Judy
From: Miller, David
Sent: Wednesday, May 20, 2020 8:14 AM
To: Bryan Johnson; Wehner, Judy
Subject: Re: [External] Wake Stone Permit
Mr. Johnson,
The way the older permits were written was wrong when compare to the final decision made by the Mining
Commission. The adjustment to the permit was to bring the permit in line with the final decision of the
Mining Commission. This correction was review by the Attorney General office.
David Miller
State Mining Engineer
From: Bryan Johnson <[e-mail]>
Sent: Tuesday, May 19, 2020 2:54 PM
To: Miller, David <[e-mail]>; Wehner, Judy <[e-mail]>
Subject: (External] Wake Stone Permit
Mr. Miller and Ms Wehner,
We live near Umstead State Park and visit the park frequently. I understand Wake Stone's permit had a sunset clause
that would have ended mining on the site by 2031 and that the sunset clause was recently changed by your office —at
the request of Wake Stone. Is that accurate and if so, what was the reason for the change? Thank you.
Bryan Johnson