FW_ _External_ _Mining Permit 92-10_ Wake Stone reneged on the sunset clause in 332018_ don’t let them have their way with the Odd Fellows Tract

Johnson, Robert E
From: Sams, Dan
Sent: Friday, July 17, 2020 7:13 AM
To: NCMiningProgram
Subject: FW: [External] [Mining Permit 92-10] Wake Stone reneged on the sunset clause in
2018, don't let them have their way with the Odd Fellows Tract
From: Elizabeth Adams [mailto:[e-mail]]
Sent: Thursday, July 16, 2020 10:48 PM
To: Sams, Dan <[e-mail]>
Subject: [External] [Mining Permit 92-10] Wake Stone reneged on the sunset clause in 2018, don't let them have their
way with the Odd Fellows Tract
Dear Mr. Dain Saims,
Prior to granting the Ipeirmit mo6fication appfication request, Iplease require:
a Ihydirogeolloglic Iiinvestigation assessing Ipoteint4l groundwater and surface water effects and
geologic coin6tions that could create ain liincreased ir9isk of Ipoteintialllly siginffiicaint effects oin
groundwater and surface water;
A study of the llimpacts of se61meint from the existing quarry oin Crabtree Creek and a study of the
future impact of the liincreased se6ment due to the Ipeirmit mocIffication application.
ain air qualIlIty impact assessment that Iiincludes ain assessment of the Ipoteint4l effects from airborne
pairticUlates and dust from the current quarry and the (proposed quarry mocIffication.
a traffic llimpact ainallysis, Iiincludliing documentation of existing train spo irtation systems, ainallysis of the
poteint4l effects of the (project oin transportation, and mitigation imeasuires to 61llrniinate or miinllrnize
adverse llimpacts for both the Old Reedy Creek and Harrison Avenue Entrances to Uimstead State
Park;
ain assessment of coimpafibflllty of the (project with otheir existing uses; and
mitigation imeasuires that could 61llimiinate or miinllrnize any adverse einviroinimeintall effects for the
�project, and if the mitigation imeasuires can't do t1his, (please deiny the Ipeirmit.

A traffic impact ainallysis woUld ireveall the Ipoor sulltabfl�lty of ON Reedy Greek Road for the Ilogglling
trucks and Ibrlidge Ibulil61ng eqUipment lhaUllling trucks that RDU Airport Authority has Ipeirmitted Wake
Stone Corporation for the quarry devebpment as Ipeir their Ilease agireeirneint[l]
The OM Reedy Greek Road and Giravell tralO/ East Coast Gireenway and one Maine Ibrlidge over
Crabtree Creek is inot safe to lhaindlle Ibotlh Ilogglling and Ibrlidge IbulH61ng equllpmeint transport trucks and
the existing use of this road/tral!ll Iby IbicycHsts, NlIkeirs, dog waHkeirs, cNlOdirein, 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 NIlH 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 Deceirnbeir 8, 2016 and d6lllveired to the Cary Town CouncH cointallined the
f6lHowing 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 velNlc�es,
to accommodate the demand for Ipairlking and access to the Park, IL.alke and Crabtree Greek
Gireenway. The tral!lIlhead opened llin Deceirnbeir 2016. Pirbir to construction of the traHhead on OM
Reedy Greek Road, visitoirs to Urnstead State Park, IL.alke Crabtree and 1:11ack Greek Gireenway T14l�l
would utifize the shoUldeirs of ON Reedy Greek Road to Iparlk their velNlc�es. 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 uii the minim commission requests them. There is ino zoii Ibuffeir width runes, or
erosion, se6meint coii or stoirmwateir Ibest management Ipllains that would Ibe required under the
Walke County Zoii Oir6inaince, as the Odd Fellows Tract is on RDU Airport Authority 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 llimpact 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 Iheirelby 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 1Boaird 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 slhallkl have Vlkl contr6l of aIlkl revenues received Iby reason of the airport or other aeiroinauficall
facHkIties, and slhallkl have Ipowelr to expend aIlkl sums so received for such aeiroinauficall Ipulrposes as the
board deems Ipropeir, and pay over any surplus to rnu6lcipaIlkfies llin proportion to their respective
�linteirests."
Video about the RDU Fence Project designed Iby RDU Airport Authority that wiH destroy the Ibeauty 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 rWed that Welke Stone wiH inot Ibe able to remove stone from the Odd Fellklows Tract untH 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 dirrlftiing 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 Irro6flication (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 Bindustri4l Ibulil61ng, IpubBlic road or other IpulbBlic
property, excVu61ng imatteirs Irellating to use of a Ipulblic road; and § '74 51.(d)(5) That the operation MH
have a siginfficainfly adverse effect on the Ipulrposes 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 IpaIrticilpate llin the Welke County Mufti Juiris6cfioinall Hazard
Mitigation Rlain[4]?
"In an effort to reduce the Nation's Imounting inatulr4ll 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 cooird�linate on mitigation Iplaininlling activities and imalkes the
devebpment of a Ihazaird mitigation Ipllain a specific efigllbflity Irequllreirneint for any Iloca�l or Tirlball
government applylling for fede14l mitigation giraint funds. In short, if a jurisdiction is inot covered Iby an
approved mitigation Ipllain, it MH inot Ibe efigllble for mitigation giraint funds.These funds IiinaMWe the

Hazard Mitigation Grant Pirogiraim (HMGP) and the Pre 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 RIfing with water, and causes the sides of
Crabtree Creelk to coHapse, then the RDU Airport Autlh&lty and the four rnuinllcipall Airport Sponsors
MH Ibe Ikable for the dairnage, and IiinellGglible for FEMA funds to assist llin the recovery. This is inot a
Viability that shoUld Ibe (placed on the IpubBlic
This (proposed it iinlling (permit mo6fication is liincompatllble with the adjacent Welke County, Town of
Cary, City of RaIleiglh Comprehensive Master Flains and shoUld Ibe denied due to the safety and
heafth impact to the users of gireenway, Ihairming the Ipublic's llingiress and egress llinto Urnstead State
Park. The Odd Fellows Tract land is cunreinfly zoned Resident4l 40 inear the Dunin's siinglle fain Hy
home, and adjacent to Urnstead State Park, and zoned Highway District inear 1I 40. The Geinei4l
Statutes require that zo6ling Ibe done accor61ng to a comprehensive Ipllain. What are the irequllreirneints
for the RDU Airport Autlhoirrlty as a rnu6lcipall corporation to adhere to the geinei4l statutes?
The Urnstead State Park Master Flain had identified Ibotlh the current quarry and the Odd Fellows tract
as land that woUld Ibe Ipuirchased and llincoirporated llinto Urnstead State Park. On the existing quarry llin
the Ibuffeir area, is a very siginllficaint inatuir4ll area of Crabtree Cireelk, where Rhododendron grows, one
of the few Ipllaces found east of the rnouintallins where we have rhododendron growing aIloing the creelk.
This area shoUld have Ibeein Ipreseirved as a inatuir4ll area to Ibe used for Ipic6lclkling, fislNling and Ipoinds,
as was inoted llin 1981.
From the 1981 Minutes from Welke County, State Park Representative:
"What happened when the airport Ipuirchased the (property Iheire, they did so Iby first contacting the
state and saylling woUld you object to us Ibuylling that land with the Iproslpect of one day Ibelling able to
trade with the Ipiece that you have penetrating llinto our area. We said at this point llin time we coUld inot
object to your Ipuirchasing that land Ibut wish we woUld one day Ibe able to Ipuirchase that land and our
master Ipllain shows that. That there is some land up here that we woUld waint to trade. So wlNl0e we
are taIllkiing about Airport district Iheire, agallin it is specUlative Ibut we hope to one day secure that from
the airport."
"The (louver swath, that IiincUes the (proposed quarry area, woUld Ibe subjected to Ihligh aircraft incise
oinlly if "Flain B" (a NW. -SE runway) were buHt."

The Ilaind was acquired for the 'Plain B" option, yet it was ineveir 6sposed of Ipropedy.
FAA Giraint Assurance 31 requires that ain airport owineir or operator 6spose of unneeded inolise Ilaind
at FMV as early as is Ipracticall after the determination that the Ilaind is unneeded.
Regairdlling the (lease of IpulbNlic purpose Ilaind for ain open (pit quarry. Mu16lcipallkfies imust follow runes to
dispose of IpulbNlic use Ipropeirties accoirdlling to N.C.G.S.
httr)s://www.soa.unc.edu/sites/Www.soa.unc.edu/files/Pror)ertv%20Disr)osaI%200r)tions%2OChart.r)df
Comment from 1981 Walke County Rezoinlling Public Heairling:
`I think the airport authorities situation is debatable as you are liindlicating, 1I wound 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, Iiinciludliing
probleirins within the Ipairk within a inafioinall (beech irnoinuirneint, or whatever, the occasioinall floo61ng of
that Ipairticullair site liin theire is inot lhairmfUl to it liin the ainallysis of the SCS (but any ad6fioinall
se61rineintation which wound come from the construction liin that site or the ad6fioinall ruinoff, that wound
�be generated from that site, wiEl wipe out oine of the Iprlirne pileces of Ilaind liinside the forested Ipairk. It
won't talke imuch se61rineintation going dowin that creelk to wipe out this is documented liin the SCS
study of the Crabtree Cireelk Dam."
The concerns of the IpulbBlic listed above did come true, se6meint from the mine has Ibeein discharged
repeatedlly liinto Urnstead State Park, and have iresullted liin Ihairm
Promise from the mi16ling applicaint to the Walke County 1Boaird liin 1981:
"Very Ikttile has Ibeein said about se6mentation, Mir. W61by bought it up, we have to Iprovlide a Ibuffeir,
and the state (law requires that within the first 25% of that(buffer area that we imust ellkmiinate the
se61rneint that is liin any water that is flowing and we are going to rinalke a good ineighbor for Uirnstead
Park and if we do liin fact devebp the (property, 1I aim going to (put imy cilient liin 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 (pictures documenting se6meint flowing (past their daim, through the(buffer and
into Crabtree Creelk. Walke 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 hulled the DEQ decision to deiny the Ipeirmit liin 1981, the Walke
County Director of Rlaini6ling wrote the foHowing (letter that coinciluded with "The documentary
"evidence" appears to Ibe imore of ain enroineous coincilusion thain evidence. It think it is (based oin

obs6lete maps and data, and moire thorough research might Ihave irevealled that.
&inceirelly, JOHN G. SCOTT, Director of Flaininlling
l request that you deny the mi6ling Ipeirmit mo6fication Ibased on § '74 51.(d)('7)That the appficant or
any Ipairent, subsidiairy, or other affilkate of the appficant or Ipairent has inot Ibeen lin substant4l
compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the
protection of the einviroiniment or has inot corrected aM vi6lafioins that the appficant or any Ipairent,
subsi6airy, or other affilkate of the appficant or Ipairent may Ihave committed under this Article or rules
adopted under this Article and that resulted llin:
Revocation of a Ipeirmit,
Forfeiture of Ipairt or aM 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 Ibased 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 wlNlOe the representative is cairirylling out officiall duties Ipuirsuaint to
The NC DECK imiinlling commission shoUld irequest an liinvestigatioin of Walke Stone Corporation and the
RDU Airport Autlhoir9lty for this uinllawfW imiinlling (lease and (proposed imiinlling Ipeirmit mo6fication, and
shoUld deny this Ipeirmit.
Note: Fictuires and documents acre avaHable Iheire:
httr)s:Hmedium.com/(-a)elizabeth.a.adams/fatal-errors-
d4b8OdeO5e8l?sk=ecd4Obc67de42741037badad873bbd79
lowlamm
103 IL.arkslpur IL.in
Cary, NC 27513
Efizabeth Adams
elizabeth.a.adamsCaD_qmail.com
103 IL.arkslpur IL.in
Cary, North Cairofina 27513