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HomeMy WebLinkAbout92-10_denial letter_02172022ROY COOPER Governor E IZABETH S. BISER Secretary BRIAN WRENN Director Certified Mail Return Receipt Requested 7008 1300 0000 1124 7482 NORTH CAROLINA Environmental Quality February 17, 2022 Mr. Samuel T. Bratton, CEO and President Wake Stone Corporation PO Box 190 6821 Knightdale Blvd. Knightdale, NC 27545 Subject: Denial of the Triangle Quarry Modification Application Mining Permit No. 92-10 Wake County Neuse River Basin Dear Mr. Bratton: This letter is in response to your submittal of the permit application request dated April 8, 2020 including additional information submitted November 12, 2020, January 11, 2021, March 22, 2021, April 30, 202I, August 12, 2021, November 1, 2021, and January 18, 2022 for the above referenced mine site. The application proposes to develop and operate a quarry on the Odd Fellows tract on the west side of Crabtree Creek adjacent to the existing Triangle Quarry. The Odd Fellows tract lies immediately to the south of William B. Umstead State Park (the Park). The application was reviewed with respect to the requirements of the North Carolina Mining Act of 1971 (Act) and the North Carolina Administrative Code. Pursuant to N.C.G.S. §74-51, your application request is hereby denied on the grounds that the following denial criteria would be triggered: N.CG.S §74-51(d)(5) That the operation will have a significantly adverse effect on the purposes of a publicly owned park, forest, or recreation area; The proposed quarry is located and designed such that normal operation would have significantly adverse effects on the purposes of the Park through noise, visual, and traffic impacts. Pursuant to N.C.G.S. §74-51(g), the Department is required to notify your company of any modifications in the application that would make the application acceptable. During the extensive evaluation of the application, the Division has requested information and design considerations on multiple occasions to mitigate these impacts. However, as the current configuration of the pit is EQ72-1North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources IP 512 North Salisbury Street , 1612 Mail Service Center I Raleigh, North Carolina 27699 1612 1 i1FiC µ4 � 919.707,9200 Wake Stone Corporation Page 2 of 2 proposed, the Department is not aware of modifications which would mitigate all significantly adverse effects on the purposes of the Park. You may appeal this denial by filing an appeal within thirty (30) days as provided in N.C.G.S. §74-61. This petition must conform to the requirements of N.C.G.S. § 150B-23 and be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699- 6714. A copy of the petition must be served on the Department as follows: Mr. Bill Lane Registered Agent N.C. Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If you have any questions about this letter, please contact me at (919) 707-9222. Sincerely, 4 2� nan Wrenn Director Division of Energy, Mineral, and Land Resources D North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources e:!Or:—r _ 512 North Salisbury Street 1 1612 Mall Service Center I Raleigh, North Carolina 27699-1612 919.707,9200