20211227 N-Lew_Sunset

Kastrinsky, Josh
Subject: FW: [External] public comment for Triangle Quarry Permit Modification, 50-year life per
1981 hearing
From: Natalie Lew <[e-mail]>
Sent: Monday, December 27, 2021 11:06 PM
To: Miller, David <[e-mail]>; Wrenn, Brian L <[e-mail]>; Biser, Elizabeth
<[e-mail]>; NCMiningProgram <[e-mail]>
Cc: contactgov <[e-mail]>; [e-mail]
Subject: [External] public comment for Triangle Quarry Permit Modification, 50-year life per 1981 hearing
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Good evening,
Please find attached a public comment to be considered and filed with the public comments for the Wake Stone Triangle
Quarry Permit Modification (92-10). 1 did not see it posted in the public comments folder (folder "03") on the DEQ
website, so wanted to be sure you all received it. Please post this to your
website. httos://edocs.dea.nc.eov/EnerevMineralLandResources/Browse.asax?id=3306&dbid=0&reao=EnerLvMineraIL
and Resources
The sunset clause in the original 1981 permit was unjustly removed after several decades by changing the word
"sooner" to "later". Wake Stone cannot quarry Odd Fellows without unjustly keeping the Triangle Quarry open past the
50 year time frame they originally agreed to. Please do not let this unjust change stand please do not allow a quarry on
land that is deeded to 4 public entities and adjacent to a huge public recreation corridor, a creek, and a private home.
-Natalie
It is the time you have wasted for your rose that makes your rose so important... from "The Little Prince"

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
In 1980, Wake Stone's initial Triangle Quarry permit was denied by the equivalent of DEQ (the
"department" in the remainder of this write-up). Wake Stone appealed this decision which led to court
hearings. The Mining Commission, made up of members of the mining industry, recommended
approval of the permit. Ultimately, the department approved Wake Stone's Triangle Quarry permit but
with several conditions to "provide maximum protection to Umstead State Park." These "maximum
protections" included buffer stipulations and a sunset clause. Over the years, both have been eroded
and/or eliminated.
DIVISION OF
LAVA RESOURCES
h� }} �y-�a� #, �� ,{ jr � �yy
I �iC.11 1h Carob pa le of t `1� �fl ral
¢g
Rewurces
Uwtvm G. tbnedl. Dimmr
t �
[.7tYTuri - -
esr 7ri�. p.ard• �'ra�i
'-�-"jmves
B. Hum[, Jr, Govwnao afowexb N Lee; SeareraFV
Tdew .vts is_3n
may 12, 2981
Mr. John Bratton, Jr.
Wake Stone Corpor&ticm
P. O9 Boa In
Knishtdale, North Carolinas 27545
RE: Camay Qu%LTry
Wake County
Dear Mr. Hratton :
The application tor a mining permit for the Cary Quarry
in Wake 0ounty hays been found to meet the requirementc of
G.S. 74-51 of The alining Act of 1971. Since four caaaP9101
already has a blanket bond on file srufficieiat to ceear this
ap licutio", I M _nelosino th-* mining Permit -
The conditions of the mining permit were based primarily
upon information supplied is than appliMtion with conditions
added as directed by the North Carolina Mining Commission
necessar to insure compliaance with The Min,nj; Pict of 11271
and fen to Williau D. "afftea&
State
Plemse review the p rmit mad notify this office of ally
Qbjection or question owning the terms of the permit,
-- `rleY'y 'Cl`a11,je y{3ilFis, ����
� � �. C
Stephen G, Conrad, Director
SGC:pg �
cc: John Rollay
�,j pis .
Nlew, 26/Jul/2021 Page 1 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
As seen below in the signature page of the initial Triangle Quarry Permit, there is a 50-year sunset
clause. The sunset clause rests on one word — "sooner" — and is on the signature page of the permit,
very easy to find. It is highly doubtful that Wake Stone attorneys did not see this wording.
13. if all quarryable stone is not removed, the right of the State
to acquire the quarry site shall accrue at the and of 50 years
from the date quarrying commences or to years after quarrying
operations have ceased without having been resumed, whichever
is sooner, and notices shall be exchanged at that time in the
sane manner and with the same time limitations as set forth in
paragraph A above,
C, RntiI the option has expired Rake Stone Corporation will not
encumber by mortgage or deed of trust any of the area designated
"BUFFER AREA" on Rake Stone Corporation's site plan dated
February 17, 1981, revised !March 10, 1981, except for purchase
money security interests.
The terms and conditions relating to the donation are placed herein
to prescribe generally the boundaries of the Wake Stone Corporation
offer. The acceptance by the State is subject to approval by the
Dupartrdent of Administration and the Council of State and the ascerta
ing that the offer is in accord with the laws of the State and lawful
adopted rules and regulations. Further, the Department's analysis of
the condition of the land to be transferred will be in accordance wit
the criteria identified in the "Principles Governing the Establishmen
Extension and Development of State Parks, State Recreation Areas and
5tato ,Natural Areas."
Permit issued this the 3 e6 day of !?7gzfd , l9o0 l
-f t
BY ; / s _ _f�t�cQ.
Stephen G. Conrad, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Natural Resources and Comunity Developme
Nlew, 26/Jul/2021 Page 2 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
The 50-year sunset clause stood for 37 years and about 7 permit modifications. Below is the signature
page from the 1986 permit renewal. Again, the sunset clause language is on the signature page, so it is
easy to find and easy to see by any and all reviewers.
B. If all quarryable stone is not removed, the right of the State to acquire
the quarry mite ahall accure at the end of 50 yearn from the date quarrying
commences or 10 years after quarrying operations have ceased without having
been resumed, whichever is sooner, 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 will not encumber by
mortgage or deed of trust of any of the area designated "BDFPER AREA" on
Wake Stone Corporation's site plan dated February 17, 1981. revised March
10, 1951, 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 in in accord with the laws
of the State and lawfully adopted rules and regulations. Further, the
Department's analysis of the condition of the land to be transferred will be in
accordance with the criteria identified in the "Principles Governing the
Establishment Extension and Development of State Parks, State Recreation Areas
and State Natural Areas."
Permit issued this the day of f "J-
By = L-Z v7 — i
Stephen G. Conrad, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Natural Resources and Community Development
Nlew, 26/Jul/2021 Page 3 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
In about 2011 Wake Stone started claiming that the word "sooner' was a typographical error and that it
should have been the word "later." Wake Stone requested the word "sooner" be change to the word
"later" in 2011, but the department (now DEQ, I think) staff refused to make the change. Of note, some
of the DEQ staff at this time had first-hand knowledge and experience with the hearings and happenings
of the 1980's and 1990's. They knew that "sooner" was the correct wording and kept the sunset clause.
Wake Stone claims that the use of the word "sooner" was an error from the beginning and that they did
not notice the error until about 2011. The use of the word "sooner' was not an error. To say such is not
truthful. The word "sooner" was purposefully used. The initial Triangle Quarry permit and transcripts
from the hearings in the 1980's clearly support the use of the word "sooner." Also, documents in the
state archives confirm that 1) the department opposed the mining commission decision to put an open
mine pit in that location and 2) they would not have issued the permit without providing "maximum
possible protections to William B. Umstead State Park."
In 2018, with a very new DEQ staff who did not have first-hand knowledge and experience with the
hearings and happenings of the 1980's and 1990's, Wake Stone convinced DEQ staff to change the word
"sooner" to "later" without any notification to the state park system, the public, or anyone.
It is very important to recognize that another issue was happening in this time frame - the Raleigh -
Durham Airport Authority (RDUAA) started the development of a new master plan. The first public
workshop for the RDUAA master plan was held in 2015, so most likely internal discussions would have
started a few years prior, possibly as early as 2011. Some RDUAA members of that time had close
relationships with the owners of Wake Stone. The development of the RDUAA master plan is important
because the tract of land known as Odd Fellows, although deeded to the 4 public owners of the RDU
airport, is managed by the RDUAA. Odd Fellows is across Crabtree Creek from Wake Stone's Triangle
Quarry and based on the fact that Wake Stone sought in the 1980's to quarry the public land in this
area, they could have already had their eyes on quarrying Odd Fellows in the time frame neighborhood
of Wake Stone's first publicly recorded request to un-do the sunset clause. In 2019, shortly after Wake
Stone un-did the sunset clause and in a last-minute public meeting, RDUAA "leased" Odd Fellows to
Wake Stone even though there was a huge public outcry against doing such. Without the sunset clause
removal, would Wake Stone be able to lease Odd Fellows?
Mew, 26/Jul/2021 Page 4 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
Letters from the Division of Parks and Recreation AFTER the initial permit was granted demonstrate that
the limit of 50 years was known and was firmly believed to be a part of the initial permit.
HEMORANDUK
TOO .Dames S. Sieyew► . Jr.
FRDMRirbard €l. Wazar .
Divivown e)f P6ric-4 and ecreafion
F°t13r1raing and SPecir*l Studies
Deirign and DeveLoproeti
October 21, 1VU
SUBJECT-.
Win. D, iiNtsicad Ktate Punk-Rwarry Impact Monitoring Program
**Annual Report**
At Loyig mast, I ,3itt rrioiasoci +o Prevenf to you for Your irtfor€fias
l wi lire first irinuat report for "the Quarry Impact Mon tor iiiq
PrDgram. T#t i.5 report +rtesrr iber< the ' Ili t i.at iort (tf the proqran,
VVe T'&$tiltu Of t44- fiV' f Year of isanituririg (fromo Aprii 1902 to
Lurch 1983) . and an outline of the program ub.Ject i vtas far- the
rtex t apan i tgr i tag Year.
The 4ialsette Quarry tLafi isitd :)iacer-It try kit_ E� 1laar°f;�;I
Stafe Park is proivrtod to bo in €orafe n for 5-yoorx. Th*r►-
fore, an impDrtawt irr i+3it-aL n-ieetive of 4fic airwiltor=io-ng program
is te) 9-oln brit-? in-rurroation irr cirdeT ' o AY.:Jzt1#ifa+ ongoing iwaat-7-fS
to the park, ilflPaCIS that may increase in magn€#ad*, and iarp,acts
that may ru)t bra reaL12.61d Until 15 10 20 Years ill thO fUtU,Y-0,.
The infara,!A-L itan 9.aimowti frot the munitar inq wi L( bt ufed til
support impact 1hitiga-tiori re=offen-ttatioTrs, passibLe park fiaasteo-
siarr ri?-d@f j-Vrrt effort: r periWjP_W6f dpit) rati(i11 ak§ar�.- i
and a vtate—of--fhe­art data base for fari t i tat inn Land- ij.-;e clec i--
Siang invoi4ing Pu6Li'r. irecroation tands atad `"�gnt'4i�+►+rtig� a�IJa
coat Laird usezt .
The data contained is prelitilr?aiaY7 and thervfore ;the rt- or-t
1;-00"toitav Lautions '040%it the over-anaiysimt of $Pith dal -it Lwitained
therein. Several gears of data coLlection obit he roquired be-
torQ CIIOC l.iah 0115 CAA DO Madam lb -At AVC� RtAl i Ott !fA t Ly, rt6 iar4045h
I hope this rePort is udwfstL is You. If You taavi:�, any vA siiois
tzr r_001fletats, Please let ate knO .
to ! Saco `[`homas:!mli
14OLI Buc krier
Aran Cakes
P i i [ Woo Fter
Steve Conrad
Jim i"o os
Scott .Dailghtry
James johrr3nri
Nlew, 26/Jul/2021 Page 5 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
The following pages have examples from the hearings in the 1980's of the known 50-year time frame.
The following are snips from Volume #1 of the transcripts of the 1980's Triangle Quarry hearing.
rows Craaa —57-
L Along the ridge to the north and/or to the south.
Do_ you have_ any knowledge of the anticipated lif@
of this quarry? f
A. It's been stated that -- I have heard other Peon
�tepixEan
L
M
say, who are can this cosmnittee for application,
that it would probably last -- there's enough
stone there for fifty years.
Direct
Now, gait a minute',
-119-
Excuse me --- has about a hundred thousand people
in it, and the average population that's going to
be there over the life of this quarry is about
three hundred thousand people, so that's the
operational figure that we can use.
Mat did you use as the life of the quarry? A
fifty-year Life?
A Fifty years as Mr. Reed said.
Nlew, 26/Jul/2021 Page 6 of 13

Pg 198
Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
CUAIRMAN SMITH w The Commission winches to
resume the hearing, please.
Mr. Kiinzey, one question that has concernedi
the Coru�ti6sion is we don't have any estimate of
a degree of removal of the forestation of the
mine site within the ten -#gear period a4mVvitbdo
the fifty-year period.
Mew, 26/Jul/2021 Page 7 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
The following are snips from Volume #2 of the transcripts of the 1980's Triangle Quarry hearing.
Below is Bratton's testimony. Transfer of the property at 50 yeas came up. Suggests sunset clause.
l believe you said that you had plane to deed
portions of this property to the state?
I. (No response)
a Is that right?
Well,
I certainly am willing
to do so.
When
would you expect a deed
transfer of that
.nature to take place
sratton Crass -353-
A Well, that would be at the -- after the reserves
on the property had been exhausted.
And would that be fifty years hence'
A. Yes, possibly if fifty years was the life.;.
Mew, 26/Jul/2021 Page 8 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
This is the most significant as here Bratton states that 50 years is a good number for the life of the
Triangle Quarry. Again, suggesting that the idea of a sunset clause was in the works.
rattQz� Direct/crass -351—
of this witness.
CHAIRMAN SMITH: Mr. Oakley?
MR. OAKLEY% Yes, sir.
CROSS-EXAMINATION BY MR. OAKLEY:
g Mr. Bratton, I believe you stated -- what i
expectation of the life of this quarry?
A I would hope for many, marry fears. T"+�s►' *,P^k
Q Did I hear you --
(Interposing) And fifty is a good round f
Bratton Direct -335-
that's kind of tied to the -- to the market,
the rate of production and sales.
Q: Well, you have heard SKr. Reed say that the geo—
logical formations would support such as --- I
suppose -- a fifty-year life at a million tong a
year, and do you agree with him?
&. (Interposing) Yes, I think so.
¢ Flow would you go about: developing the --- or Wake
Stone go about developing this site, over a fifty--
year period in regards to permit applications,
as you understand the statutory scheme?
A Well, our -- this permit we've applied for is
for ten years.
Nlew, 26/Jul/2021 Page 9 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
The testimony below is from Simons. They seem to be discussing the life of a sediment pond for a 50-
year life. Again, this suggests that there is going to be a sunset clause timeline.
Simons Direct -429-
AS there was some mention before, it's a small
stream, from a feeder stream feeding that.
So the construction of this basin itself
is at least a temporary erosion control problem,
maintaining since this will be a permanent mea-
sure, couldn't possibly _- or not likely in that
particularly narrow valley to design a basin large
enough to handle the sediment for a fifty -yam v
life.
Pg 318 / Edwards
CHAIRMAN SMITH: Would you care to project
wham that clearance would be for a fifty-year
life?
A. Beg your pardon?
CHAIRMAN SMITH: At ek fifty --yeas life,'
what would that clearance amount to then?
A. The clearing?
CHAIRMAN SMITH: Ye S .
I would not know. You know, that -- that is a
mining operation and a marketing operation. I
just don't know haw -- how much would be
cleared in the fifty gears.
Nlew, 26/Jul/2021 Page 10 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
The following are snips from Volume #3 of the transcripts of the 1980's Triangle Quarry hearing.
Fakes
Mrcct
17(ny,l, they have sub'M tted evidence that
this quarry has an expected life of probably
fifth, yearn.
Y i
Simons
Re -Cross
FURTHER REDIRECT HXAMNATION BY MR. OA=Y s
Are you aware of the expected :life of the quarry?
I certainly am now. During the review period,
I assmed it was well beyond ten years, but I
didn't know if it was forty or fifty or whatever,
but I -- I'm certainly aware that it's been:
projected, say, at fifty during this hearing.
Nlew, 26/Jul/2021 Page 11 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
As you know, Wake Stone has submitted a modification request to their Triangle Quarry permit. They
want to create a new open mine quarry pit on a tract of land called Odd Fellows. Odd Fellows is owned
by the public, but managed by the Raleigh -Durham Airport Authority (RDUAA). Odd Fellows is adjacent
to Umstead State Park and is on their critical acquisition list. It is also next to the newly created State
Park, the East Coast Greenway. Odd Fellows is separated from the current Triangle Quarry open mine
pit by Crabtree Creek. Odd Fellows is part of a very, very highly used recreation corridor called the Old
Reedy Creek Recreation Corridor and, it is next to a private home. The RDUAA has "leased" Odd Fellows
to Wake Stone for creation of a new open -mine pit. In addition to destroying the area, the creation of
an open mine pit also drastically deviates from the premise of how Odd Fellows came to be under
management of the RDUAA. The Odd Fellows was taken in the 1970's from a private benevolent group
that encouraged use of that land for recreation by the Boy Scouts and public for the purpose of being
end of runway buffer for a runway that would be perpendicular to the current runway... but this
perpendicular runway was never built. In the acquisition of this land, it was said that "this recreation
area will not be adversely affected by airport expansion."
Other Public Lands/Historical and Archeological Sites M
With the exception of William H. Urtstead State Park, there are
no public lands, historic or archeological sites in proximity of the site
which would be affected by expansion of the RDU Airport. The nearest
public land (non -highway usage) is located approximately 2.8 miles south-
east from the end of runway 32L and is designated for agricultural use.
A recreation area under the jurisdiction of the Club
Of Raleigh is located adjacent to the proposed project site, south of Um -
stead State Park and west of Crabtree Creek. The area contains a picnic
shelter and a small lake, and is used for monthly club activities. This 0
recreation facility will not be adversely affected by airport expansion. ,
Nlew, 26/Jul/2021 Page 12 of 13

Triangle Quarry hearing transcript
References to 50-year life of the Triangle Quarry
Supporting the existence of a 50-year sunset clause
Odd Fellows, being only about 105 acres, is too small to house an entire open pit mine operation. Thus,
Wake Stone needs to keep the Triangle Quarry area in order to process materials — they need to un-do
the sunset clause. The scenario of creating a new open mine pit on Odd Fellows is leading to two
entities — RDUAA and Wake Stone — undoing premises and promises that were set in place to protect
valuable land resources. This is wrong, just plain wrong.
The partnership between the RDUAA and Wake Stone is not the kind of public -private partnership that
we need. This partnership is breaking promises and changing long-standing stipulations that were set in
place to protect the public and to protect a priceless public asset — Umstead State Park.
The sunset clause on the Triangle Quarry must be re -instated to its original state.
Odd Fellows must be preserved as per the 1977 EIS.
Wake Stone's Triangle Quarry permit modification must be denied.
Nlew, 26/Jul/2021 Page 13 of 13