20210909_ADI_92-10

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Certified Mail
Return Receipt Requested
7016 2140 0000 4368 3414
Mr. Sam Bratton
Wake Stone Corporation
P O Box 190
Knightdale, NC 27545
NORTH CAROLINA
Env/romnenta/Quattry
September 9, 2021
RE: Mine Name: Cary (Triangle) Quarry
Mining Permit No. 92-10
Wake County
Neuse River Basin
Dear Mr. Bratton:
We have reviewed the modification request your company submitted for the referenced mine site. In order
for this office to complete its review of the referenced project in accordance with G.S. §74-50 and §74-51
of the Mining Act of 1971, please provide the additional or revised information in accordance with the
following comments:
1. On September 3, 2021, Judge Byrne informed counsel for the Department about an intended
ruling in Umstead Coalition v. NC Department of Environmental Quality, 20 EHR 03014 that
will necessitate revisions to the Crabtree Creek bridge design included in your mining permit
application. Please provide any revisions to your bridge design and/or to your method for
moving quarried rock from the proposed expansion pit to the processing plant in the existing
pit that will be necessary to meet the requirements of the final written order, once issued.
2. Once Judge Byrne's final written order is issued, if Wake Stone intends to take any legal action
regarding the order, please inform the Department of your intentions to do so.
3. On July 30, 2021, the US Fish and Wildlife Service's "final rule that identifies Endangered
Species Act protections for the Neuse River waterdog," Necturus lewisi, went into effect. This
rule may have an impact on your proposed mine expansion across Crabtree Creek. Please
provide any further threatened and endangered species coordination you have conducted with
the US Fish and Wildlife Service in response to this final rule.
4. Please provide a visual rendering, as it would appear in the winter, of the proposed sound
barrier wall design and location from a bird's eye and ground level perspective at the following
locations (see attached figures):
a. Looking from William B. Umstead State Park across Foxcroft Lake towards the haul bridge
across Crabtree Creek.
D_,F North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
` _' 512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612

Certified Mail
7016 2140 0000 4368 3414
Page 2
b. Looking from William B. Umstead State Park across Foxcroft Lake towards the sound
barrier wall located on the northern boundary of the proposed pit.
c. Looking from Old Reedy Creek Road/East Coast Greenway towards the proposed quarry
site.
Please note, this office may request additional information, not included in this letter, as the mining
application review progresses. Be advised that our review cannot be completed until all of the items listed
above have been fully addressed.
In order to complete the processing of your application, please forward two (2) copies of the requested
information to my attention at the following address:
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0113, you are hereby advised that you have 180 days from the date of your
receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and
wish to request additional time, you must submit information, in writing, to the Director clearly indicating
why the deadline cannot be met and request that an extension of time be granted. If an extension of time is
not granted, a decision will be made to grant or deny the mining permit based upon the information currently
in the Deparhnenfs files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we encourage you to
provide the additional information requested by this letter as soon as possible. Your prompt response will
help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely,
David Miller
State Mining Engineer
Enclosures
cc: Bill Denton, PE, Raleigh Regional Engineer

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