External Mining Permit 92-10 Wake Stone reneged on the sunset clause in 2018 dont let them have their way with the Odd Fellows Tract (4)

Johnson, Robert E
Michaell Regain, Secretary DEQ,
Dear Mr. Rain Saims,
Prior to granting the Ipeirmit mo6fication appfication request, Iplease require:
a lhydirogeobgllc Iiinvestigation assessing Ipoteint4l groundwater and surface water effects and
geobgllc coin6tions that coUld create ain liincreased rislk of IpoteintGalllly siginffiicaint effects oin
groundwater and surface water;
A study of the llimpacts of se61ment from the existing quarry oin Crabtree Creelk and a study of the
future impact of the liincreased se6meint due to the Ipeirmit irr o6fication application.
ain air quallkty impact assessment that IiincWes ain assessment of the Ipoteint4l effects from airborne
pairticUlates and dust from the current quarry and the (proposed quarry irr o6fication.
a traffic llimpact ainallysis, liinclu6ing documentation of existing train spo irtation systems, ainallysis of the
poteint4l effects of the (project oin transportation, and imitigation imeasuires to 61kmiinate or imiinlimize
adverse llimpacts for Ibotlh the ON Reedy Creelk and Harrison Avenue Entrances to Uimstead State
Park;
ain assessment of coimpafibHkty of the (project with other existing uses; and
mitigation imeasuires that coUld 61kiminate or imiinlimize any adverse einviroinimeintall effects for the
�project, and if the imitigation imeasuires can't do this, (please deiny the Ipeirmit.
A traffic llimpact ainallysis would ireveall the Ipooir sulltabflkty of ON Reedy Cireelk Road for the Ilogglling
trucks and Ibrlidge Ibulil61ng eqUipment IhaWking trucks that RIDU Airport Authority has (permitted Welke
Stone Corporation for the quarry devebpmeint as Ipeir their (lease agireeirneint[l].
The OM Reedy Cireelk Road and Giravell tralO/ East Coast Gireeinway and nine Maine Ibrlidge over
Crabtree Creelk is inot safe to lhaindlle Ibotlh Ilogglling and Ibrlidge IbulH61ng equllpmeint trainsport trucks and

the existing use of this road/tral!ll Iby IbicycHsts, NlIkeirs, dog waHkeirs, cNlNirein, and the eNeidy. This road
segirnent has a 90 degree curve that lis inairrow, with hazardous shoUldeirs, with storimwateir that flows
over the 1I 40 Ibriidge and down the NIEI towards the Town of Cary TiraHlhead, iresullting llin muddy,
sfippeiry con6tions on the road.
In 2018, Town of Cary restricted Ipairlking on either side of OM Reedy Creek Road from the 1I 40
overpass Ibriidge southwards to the Ibriidge over Crabtree Greek due to the Ipoor con6tion of the road.
Staff Report[3'1 dated Deceimbeir 8, 2016 and d6lllveired to the Cary Town CouncH cointallined the
foElowing observations:
"Parking abing the shoUldeirs of OM Reedy Greek Road has iresullted llin severe irutting damage to the
shoUldeir surface which has Ibeein worsened Iby stoirmwateir llin the ditches. The Town has constructed
a tral!lIlhead on ON Reedy Creek Road (PR1 151) that Iprovlides Ipairlking for approximatelly 82 velNlcVes,
to accommodate the demand for Ipairlking and access to the Park, IL.alke and Crabtree Greek
Gireenway. The tral!lIlhead opened llin Deceimbeir 2016. Prior to construction of the traHhead on OM
Reedy Greek Road, visitoirs to Urnstead State Park, IL.alke Crabtree and Ellack Greek Gireenway T14l�l
would utifize the shoUldeirs of ON Reedy Greek Road to Iparlk their velNlcVes. The iresullt is a shoUldeir
that is hazardous and irutted,requllrlling constant rna�linteinaince Iby the Town's Pubfic Works Department
to rna�lintallin stoirmwateir flow llin the ditches and Ipreveint daingeirous diriving con6tions abing OM Reedy
Greek Road. Park visitoirs have contacted Town staff to complallin about the shoUldeir con6tions. The
image of the shoUldeirs on OM Reedy Creek Road ireveall that they are llin Ipoor con6tion and
uncharacteristic of the con6tion the Town expects for our iroads."
The figure above aIlso shows the Existing 1:11ack Greek Gireenway, the OM Reedy Greek Road
T14l�llhead that heads to a Ibrlidge over 1I 40 that has ino Ibilke Raines, sidewaHks, or other facflllfies to
separate the truck traffic from the existing tral!ll users
If this hand were under the juiris6ctioin of Wake County, the Town of Cary, The City of RaIleiglh, or any
of the adjacent authorities, a traffic study would Ibe required for this type of devebpment. The hand
was Ileased Iby the RDU Airport Autlh&lty to Wake Stone Corporation. The RDU Airport Autlh&lty has
enacted ino zoinlling or dev6lopment or61nainces to mitigate or reduce devebpment impacts to the
einviroiniment. Therefore a traffic study and other einviroinirneintall impact assessments MH inot Ibe
required uinlless the irri6ling coirnnssion requests them. There is ino zo6ling, Ibuffer width rUles, or
erosion, se6ment contr6l, or stoirmwateir (best management Ipllains that would Ibe required under the
Wake County Zo6ling Oir6inaince, as the Odd FeHows Tract is on RDU Airport Autlh&lty Managed
land.

If the hand were belling developed for an aeiroinauficall Ipuirpose, then the FAA would Irevliew this
proposed devellopmeint under NEPA. FAA does inot have any say on whetheir the Iproposed hand use
is compatible with adjacent Ipropeirties, as it does inot )impact aeiroinauficall safety.[3'1
NC General) Statutes do apply to this Ipeirmit mo6fication appfication. IL.aind acquired Iby RDU Airport
Authoir9lty is IpulbNlic Ipuirpose hand, and disposal of this hand must 1Beinefit the Public Geinei4kly, Not
Special Interests or Persons
65(5)
Airport declared IpubNic Ipuirpose; eimineint doimallii Any Ilainds acquired, owned, cointroHed, or occupied
by such cities, towns, and/or counties, for the (purposes enumerated llin G.S. 63 2,63 3 and 63 4,
shalkl and are Ihelrelby declared to Ibe acquired, owned, coiii and occupied for a IpubNic Ipuirpose,
and such cities, towns and/or counties shaH have the Ir9ight to acquire (property for such Ipuirpose or
�puirposes under the Ipoweir of eimineint doimallin as and for a IpubNic Ipuirpose. (1929, c. 87, s. 5.)
Tiii inote that even if a Iproposed activity constitutes a IpubNic Ipuirpose llin the abstract, it does inot
mean that a unlit may eingage llin the Iproposed activity. A local government also must have statutory
authoir9lty to both eingage llin an activity and expend IpulbNlic funds for that activity. See Morgan v. Town
of Spiii 254 N.C. 304 (1961) ( Public Purpose' as we coii the term to imply, when used llin
connection with the expeii of muii funds from the IpubNic treasury, refers to such IpulbNlic
�purpose within the frame of governmental) and Iproprlietary (power gllvein to the Iparticullar muinllcipalkty,
to Ibe exercised for the(benefit, weffaire and protection of its liinhalbitaints and others coming within the
muii caire.").[https:Hcanons.sog.unc.edu/a-look-at-north-caroIina%E2%80%99s-constitutiona1-
public-purpose-requirement/]
RDU Airport Authoir9lty 1Boalyd oii has authority to expend funds for aeiroinauficall Ipuirposes. Micha6l
L.ainguth, the CEO of RDU Airport Authority has applied for (permits for a Ibrlidge over Crabtree Greek,
for an 18 mHe security fence, and for other einviroinimeii (permits associated with the quarry
devellopmeii all to assist a private company: Walke Stone Corporation. This activity is inot within his
authoir9lty, or the RDU Airport's Authority and should Ibe llinvestigated and the minim Ipeirmit
mo6fication deii under G.S. 63.
I'ii actions of such board shalkl Ibe determined Iby a majoir9lty vote of the members thereof, and a
maj&lty of the members shaH constitute a quorum for any meeting of the board, and such boards so
created shalkl have full control) of all ireveinues received Iby ireasoin of the airport or otheir aeiroinauficall
facilities, and shalkl have Ipoweir to expend all sums so received for such aeiroinauficall Ipuirposes as the
board deeims Ipropeir, and pay over any surplus to mu16lcipalkfies llin Ipropoirtion to their respective
�linteirests."
Video about the RDU Fence Project designed Iby RDU Airport Authority that will destroy the beauty of

Uirnstead State Park.
1:11llkl Sain6feir's defense on the ineed for Ipeirimeter fencing Iby RDU Airport Authority.
400 Feet Down Video about the adverse impacts to Uirnstead State Park.
Judge irWed that Welke Stone wiH inot Ibe able to remove stone from the Odd Fellklows Tract untfl 2022
whHe wallfiing for appeal) of Ilawsulit is heard.
This video of a Nast at Welke Stone Tiriainglle Quarry was recorded about 3 years ago and was found
on Youtube. It appears to Ibe shot from the top of the rlim at the current Welke Stone Quarry site. What
is really airnazlling about this is the scalle of tlNlings. We are Iloolking about 400 feet down. See how high
up and srnallkl those pine trees are on the rim? These Nasts MH Ibe lhappe6ling at the inew quarry pit
site on the Odd FeHows Tract at the SURFACE. The dust cbuds wiH Ibe didAing over Uirnstead State
Park, over the Gireenway ... lflkelly even over 140 and IL.alke Crabtree. It is just anotheir reason why this
mine Ipeirmit mo6fication imust Ibe denied. It's a simple case of Ilincompatible use. Quarries don't
belling inext to our forests and gireenways, and siinglle faimHy homes.
1I request that you deny the irri6ling (permit irro6fiication (based on § '74 51.(d)(4) That the operation wiH
constitute a direct and substaint4l Iplhysicall Ihazaird to Ipublic Ihealltlh and safety or to a ineighb&1ing
dwellfiing house, scho6l, church, lhospitall, coirnrneirciall or hindustri4l Ibulil61ng, IpubBlic road or other IpulbBlic
property, excVu61ng it atteirs irellating to use of a Ipulblic road; and § '74 51.(d)(5) That the operation MH
have a siginfficainfly adverse effect on the Ipuirposes of a IpulbBlicVy owned Ipairk, forest or recreation
area.
If RDU Airport Authority is considered to Ibe a rnuinllcipall corporation with excVusive power of zoinlling
and devebpment, why didn't they Iparticilpate llin the Welke County Mufti Juiris6cfioinall Hazard
"In an effort to reduce the Nation's mounting inatuir4ll disaster (losses, the U.S. Congress passed the
Disaster Mitigation Act of 2000 (DMA 2000) llin order to aimend the Robert T. Stafford Disaster Refief
and Emergency Assistance Act. Section 322 of DMA 2000 emphasizes the ineed for state, IlocaIl and
Tirlball government entities to cbselly cooirdllinate on imitigation Iplaininlling activities and it alkes the
devebpment of a Ihazaird imitigation Ipllain a specific efigllbflity irequllreirneint for any Iloca�l or Tirlball
government applylling for fede14l imitigation giraint funds. In short, if a jurisdiction is inot covered Iby an
approved imitigation Ipllain, it MH inot Ibe efigllble for imitigation giraint funds.These funds IiinaMWe the
Hazard Mitigation Grant Pirogiraim (HMGP) and the Pire Disaster Mitigation (PDM) Iprogiraim, Ibotlh of
which are adiministeired Iby the Fede14l Emergency Management Agency (FEMA) under the
Department of Hoirnellaind Security."
So if a floo61ng disaster resufts llin the proposed quarry pit fflfiing with water, and causes the sides of
Crabtree Creelk to coHapse, then the RDU Airport Authority and the four rnuinllcipall Airport Sponsors

MH Ibe IIIialble for the dairnage, and Iiinelliglible for FEMA funds to assist llin the recovery. This is inot a
liabifity that shoUld Ibe (placed on the IpubBlic
This Iproposed imiinlling Ipeirmit mo6fication is Iiincornpatilble with the adjacent Walke County, Town of
Cary, City of Ralleiglh Comprehensive Master Rains and shoUld Ibe denied due to the safety and
heafth impact to the users of gireenway, Ihairrning the (public's llingiress and egress llinto Urnstead State
Park. The Odd FeElows Tract hand is cunreinfly zoned Resident4l 40 inear the Dunin's siinglle faimHy
home, and adjacent to Urnstead State Park, and zoned Highway District inear 11 40. The Geinei4l
Statutes require that zo6ling Ibe done accor61ng to a comprehensive Ipllain. What are the irep,ulireirneints
for the RDU Airport Authority as a rnu6lcipall corporation to adhere to the geinei4l statutes?
The Urnstead State Park Master Ran had identified Ibotlh the current quarry and the Odd FeElows tract
as hand that wound Ibe Ipuirchased and llincoirporated llinto Urnstead State Park. On the existing quarry llin
the Ibuffeir area, is a very siginllficaint inatuirall area of Crabtree Cireelk, where Rhododendron grows, one
of the few Ipllaces found east of the rnouintallins where we have rhododendron growing alloing the creelk.
This area shoUld have been Ipreseirved as a inatuirall area to Ibe used for Ipicnliclkiing, fislNling and Ipoinds,
as was inoted llin 1981.
From the 1981 Minutes from Walke County, State Park Representative:
"What happened when the airport (purchased the (property Iheire, they did so Iby first contacting the
state and saylling wound you object to us Ibuylling that hand with the Iproslpect of one day Ibelling able to
trade with the (piece that you have penetrating llinto our area. We said at this point llin time we coUld inot
object to your Ipuirchasing that hand but wish we wound one day Ibe able to Ipuirchase that hand and our
master Ipllain shows that. That there is some hand up here that we wound waint to trade. So wlNl0e we
are talllkiing about Airport district Iheire, agallin it is specUlative but we hope to one day secure that from
the airport."
"The Iloweir swath, that IiincUes the Iproposed quarry area, wound Ibe subjected to Ihligh aircraft inoise
oinlly if 'Plain B" (a NW. -SE runway) were buHt."
The hand was acquired for the 'Plain B" option, yet it was ineveir 6sposed of Ipropedy.
FAA Grant Assurance 31 requires that an airport owneir or operator 6spose of unneeded inolise hand
at FMV as early as is Ipracticall after the determination that the hand is unneeded.
Regairdlling the (lease of IpulbNlic purpose land for an open (pit quarry. Mu6lcipallkfies must follow runes to
dispose of IpulbNlic use Ipropeirties accoirdlling to N.C.G.S.
https://www.sog.unc.edu/sites/Www.sog.unc.edu/files/Property%20DisposaI%200ptions%2OChart.pd

Comment from 1981 Welke County Rezoinlling Public Heairling:
`I think the airport authorities situation is debatable as you are Ilin6cating, 1I would gatheir we have
about a 10% chaince of getting that iruinway coin figu ration."
`I think that theire are otheir Iplhysicall situations airgulling against that and the impact of that downstream
oin structure 25 (1-alke Crabtree Daim) and reach of Crabtree Cireelk above structure 25, Ilinclu6ing
probleirins within the Iparlk within a inafioinall (beech imoinuirrteint, or whatever, the occasioinall floo61ng of
that IpairticUlair site lain theire is inot lhairmfUl to it lain the ainallysis of the SCS Ibut any ad6fioinall
se61rineintation which would come from the construction lain that site or the ad6fioinall ruinoff, that would
�be generated from that site, wiEl wipe out nine of the Iprlime Ipleces of Ilaind liinside the forested Iparlk. It
won't talke imuch se61rineintation going dowin that creelk to wipe out this is documented lain the SCS
study of the Crabtree Cireelk Dam."
The concerns of the Ipulbllic listed above did come true, se6meint from the amine has Ibeein discharged
repeatedlly liinto Urnstead State Park, and have iresullted lain Ihairm
Promise from the irri16ling applicaint to the Welke County 1Board lain 1981:
"Very Ikttle has Ibeein said about se6mentation, Mir. W61by Ibought it up, we have to Iprovlide a Ibuffeir,
and the state (law requires that within the first 25% of that Ibuffer area that we imust ellkmiinate the
se61rneint that is lain any water that is flowing and we are going to rinalke a good ineighbor for Uirnstead
Park and if we do lain fact devebp the (property, 1I aim going to Iput imy client lain touch with Mr. Jim
Stevens and we are going to satisfy Uirnstead Park that we are inot going to do any daimage"
We have video and Ipictuires documenting se6meint flowing past their daim, through the Ibuffer and
into Crabtree Creelk. Welke Stone did inot Ikeelp th6lir promise. Their request to expaind, extend, and
linteinsify tlhellr impact oin Uirnstead State Park shoUld Ibe deinied
After the Miinlling Commission over availed the DEQ decision to deiny the Ipeirmit lain 1981, the Welke
County Director of Flaini6ling wrote the foElowing Metter that coinciluded with "The documentary
"evidence" appears to Ibe it of ain enroineous coincilusion thain evidence. It think it is (based oin
obs6lete rinaps and data, and imoire thorough research might have irevealled that.
&inceirelly, JOHN G. SCOTT, Director of Flaini6ling
1I request that you deiny the irri16ling Ipeirmit rino6fication (based oin § '74 51.(d)('7)That the appficaint or
any Ipaireint, subsidiary, or other affilkate of the appficaint or Ipaireint has inot Ibeein lain substaint4l
compliance with this Article, voiles adopted under this Article, or other (laws or voiles of this State for the
protection of the einviiroinimeint or has inot corrected aIll vi6lafioins that the appficaint or any Ipaireint,
subsi6airy, or other affilkate of the appficaint or Ipaireint it have committed under this Article or voiles

adopted under this Article and that resulted llin:
Revocation of a Ipeirmit,
Forfeiture of Ipairt or all) of a Iboind or other security,
Conviction of a imisdeimeainoir under G.S. '74 64,
Any other court order issued under G.S. '74 64, or
Rnall assessment of a civil) Ipenallty under G.S. '74 64.
Failure to pay the application processing fee required under G.S. '74 54.
l Ibellieve that Walke Stone's existing (permit should Ibe irevolked, that the origllinall reversal) of the imiinlling
�peirmit deini4l was (based on an enroneous conclusion. Walke Stone has inot rnallintallined their special
use Ipeirmit from Walke County (it was issued lin 1981 for 25 years), and they Ihave vi6lated the Ibuffeir
reqUireiments lin the mi6ling Ipeirmit. Walke Stone Corporation requested and received a mo6fication to
the mi6ling Ipeirmit to remove the "sooneir" Ilainguage lin the sunset clause that would close the existing
pit Iby 2031 for the State of NC to Ipuirclhase. The effort to remove this clause should Ibe recognized as
an attempt to extend the life of the mine, and agallinst the con6tions of the oirigllinall mi6ling Ipeirmit. This
�peirmit mo6fication lin 2018 also reduced the Ibuffeirs that were required to protect Uirnstead State
Park. The State of NC option to Ipuirchase the mi6ling (pit, and for Walke Stone to ireirnedliate and close
the mi6ling site should Ibe triggeired inow as Walke Stone is clallimiing lin the mi6ling Ipeirmit mo6fication
application that the existing pit is depleted.
The origllinall signed Ipeirmit with the con6tion specifylling the "sooneir" Ilainguage is on the last (page of
the PDF inaimed 13.pdf. These documents were obtallined from the Walke County Flain6ling Office from
the fines of the Special Use Permit that Walke Stone obtallined lin 1981.
https:Hdrive.google.com/drive/foIders/1 FqrGyvLd9SutdmLe9bsQHFx3mLurNPe8?usp=sharing
§ '74 64.(a)(5) Penafties for VVIations.
In addition to other ireirnedlies, the Department imay request the Attorney Geinei4l to Institute any
appropriate action or Iprocee61ngs to prevent, irestrallin, correct or abate any violation of this Article or
any rules adopted under this Article, or the obstruction, Ihaimpeir9ling, or)interference with an authorized
representative of the Department while the representative is cairirylling out official duties Ipuirsuant to
this Article.
The NC DEQ imiinlling commission should request an Investigation of Walke Stone Corporation and the
RDU Airport Authoir9lty for this uinllawfW imiinlling lease and proposed imiinlling Ipeirmit mo6fication, and
should deny this Ipeirmit.

Note: Fictuires and documents acre avadable Iheire:
https:Hmedium.com/(-a)_elizabeth.a.adams/fatal-errors-
d4b8OdeO5e8l?sk=ecd4Obc67de42741037badad873bbd79
Slinceirelly,
l..Jz Adams
103 IL.airkslpuir IL.in
Cary, NC 27513
Efizabeth Adams
[e-mail]
103 IL.airkslpuir IL.in
Cary, North Cairohina 27513