2020.07.16 Comment on Wake Stone Mining Permit

127 W. I ARGErr Si'.
SrE. 600
RALEIGII. NC 27601
LAW OFFICES OF
F. BRYAN BRICE, JR.
July 16, 2020
Ms. Judy Wehner
Assistant State Mining Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Dear Ms. Weliner,
TEL:[phone]
FAX: [phone]
WW W. Arm RYANBRICE.COM
NCDEQ should grant Wake Stone Corporation's (hereinafter referred to as "Wake Stone")
permit modification application. Granting the permit will be of benefit to all parties involved.
First, it will benefit the surrounding Wake County community because it will keep construction
costs lower so that building companies can keep up with the tremendous growth rate occurring in
Raleigh. Second, it will continue to benefit Umstead Park due to the free services Wake Stone
has offered and provided to the park for decades. Additionally, Wake Stone has contributed to
the preservation of Umstead Park, one of the most popular State Parks, and will continue that
commitment with the approved modification. Third, it causes no harm to surrounding residents
as Wake Stone operations have not and will not cause any hazards, nor interfere with any
resident's enjoyment of their property, and during their operations of their current quarry, they
have received NO permit or other violations. Further, should Wake Stone interfere with one's
property, it has promised to remediate any concerns resulting from its operations immediately.
Lastly, Wake Stone products will allow Raleigh's growth to continue and increase the State's tax
base. and North Carolina and Wake County will benefit from residents' increased access to
Wake Stone products.
Upon my review of the record, site visits and plan reviews, nothing about the modification
warrants a denial based on the NCDEQ's seven permitted denial reasons. Wake Stone adequately
alleviated any adverse effects on the park, forest, or recreational area after the final issue from
the NCDEQ (then, DEHNR) was submitted in 1985. Since then, there have been no complaints
directed at Wake Stone's quarry operations near and around Umstead Park. In fact, Wake Stone
exemplifies how a company should undertake corporate responsibility. The company actively
participates in the Park Advisory Committee and has helped to ensure that Umstead Park is
properly maintained. Since its founding, Wake Stone has given considerable time and money to
local and state charitable organizations, donated land to further children's involvement in sports,
and has helped neighbors and others around their operations in numerous ways. They are a good
and strong corporate citizen.

July 16, 2020
Page 2 of 3
Wake Stone prides itself on providing excellent products and service to its customers while
constantly considering environmental harms that may occur from production. This concern is
evidenced by the fact that in its 39 years of business, Wake Stone has never been found to have
an adverse effect on potable groundwater supplies, wildlife, or fresh water. No violations. In the
existing quarry, Wake Stone goes above and beyond to conduct its own monitoring of water
quality for the surrounding area. Studies conducted by Geological Resources over the past 20
years show that there have been no adverse impacts on water or wildlife from Wake Stone
operations near Umstead Park. I believe that this will continue under their permit request.
In the same vein, Wake Stone has never had a violation from either federal or state authorities
concerning air quality, surface water quality, or groundwater quality, as the company has always
considered environmental concerns in its operations, having a deep commitment to protecting the
air and water quality on and around its quarry operations. Since 1981, it has taken proactive steps
to monitor the surrounding environment. It has never received a violation from any government
authority concerning air or water quality in almost 40 years of business.
The permit modification to the site plan does not pose any hazard to public health or safety.
Wake Stone has not impeded the public's safety or enjoyment of Umstead Park in its 39 years of
operations. It is my understanding that residents living within 1,500 feet of the quarry have not
complained of any hazards or decrease in enjoyment to of their property, which are important
points in many of our law office's cases. I believe that most of the park visitors don't even
realize there is a quarry next to Umstead Park. I know that I, nor my family, who are park
visitors and users, have not been aware of their business operations — as it should be. In fact, it
appears that park use has only dramatically increased through the years, which shows a proper
working relationship between the company, the park and their obligations to the public and their
permit. Again, this is due to Wake Stone's high level of care in its production methods and its
commitment to leaving little to no impact on the environment. What will be left to the park and
the public when the quarry is finished with production, is nothing short of magnificent. Their
plans and promises/obligations, as part of the conditions, for the quarry lake, trails and other
amenities is a very nice complement to the existing park — all at no cost to the taxpayer and what
will be an expanded local and state population to enjoy into the future.
Finally, the modification to the mining permit to include a new bridge allowing easier access to
the RDU property will cause no hazard to any dwelling, school, church, commercial or industrial
building, or public road or public property. Also, the Beals family, within 1500 feet of the quarry
demonstrate Wake Stone's lack of intrusion on surrounding structures, as the Beals family has
never complained about Wake Stone's operation near Umstead Park in over two decades. In
looking to other residents living near Wake Stone quarries, a Knightdale homeowner who also
lives 1,500 ft away from its quarry has never complained to Wake Stone about any hazards, and
there have been no complaints from or damage to any of the numerous businesses within 1,500
feet of the Old Fellows Tract quarry, which include SAS Institute, Umstead Hotel and Spa, and
the Western Office development. Moreover, there are no schools or churches that would be at
risk of any hazards. The neighboring church's positive comments for the permit at the public
hearing were some of the most compelling of the live testimony. There are also no public roads
or public property at risk, as construction of the bridge will save Old Reedy Creek Road from
Wake Stone's transportation of several tons of rock that the road is currently bearing.

July 16, 2020
Page 3 of 3
It appears to me that NCDEQ has no basis to deny the permit modification application. Wake
Stone has made the environment a priority throughout their almost four decades of business and
by all accounts will continue to do so. Wake Stone has not had any environmental concerns
directed to it since 1985. Similarly, no residents nor businesses have voiced concern over hazards
resulting from its operations in the quarry. Wake Stone's permit modification application should
be granted.
This is a win -win for the agency, the company and the community. It takes compromise and
hard work, which the company has shown by going above and beyond the permit requirements to
be a good and strong corporate leader, and one who follows the rules. When permits are
approved, these are the ones we do not see enough of, and I do hope the Division will approve
this Wake Stone's permit.
Sincerely,
F. Bry Brice, Jr.