Letter to DEMLR re Notice Issues (7-17-2020) FINAL

MATTOX LAW FIRM
Telephone [phone]
July 17, 2020
VIA U.S. Mail and E-mail
Mr. Brian Wrenn
Director Division of Energy, Minerals, and Land Resources
[e-mail]
[e-mail]
1612 Mail Service Center
Raleigh, NC 27699
Isabel WorthyMattox
[e-mail]
Matthewl. Carpenter
[e-mail]
Re: Wake Stone Mining Permit No. 92-10 filed April 8, 2020 (the "Permit Application")
Dear Mr. Wrenn:
As attorney for the Umstead Coalition, I write to highlight deficiencies in Wake Stone's Permit
Application. Specifically, Wake Stone failed to notice the proper parties as required by N.C.
Gen. Stat. §74-50.
N.C. Gen. Stat. §74-50(bl) requires the applicant or operator, in connection with a permit
modification request, to provide mailed notice to:
(1) the chief administrative officer of each county and municipality in which any part of
the permitted area is located.
(2) The owners of record of land adjoining that lies within 1,000 feet of the permit
boundaries. [emphasis added]
(3) The owners of record of land that lies directly across and is contiguous to any
highway; creek, stream, river, or other watercourse; railroad track; or utility or other
public right-of-way and that lies within 1,000 feet of the permit boundaries. For purposes
of this subdivision, "highway" means a highway, as defined in G.S. 20-4.01(13) that has
127 W. Hargett Street, Suite 500, Raleigh, NC 27601 1 Post Office Box 946, Raleigh, NC 27602 1 Fax [phone]

four lanes of travel or less and that has not been designated a part of the Interstate
Highway System.
Wake Stone failed to properly notify the City of Raleigh, City of Durham, County of Wake, and
County of Durham (the "Adjacent Owners") as record owners of land that lies directly within
1,000 feet of the permit boundaries as shown on Exhibit A. The Adjacent Owners (not RDU
Airport) are the owners of record of the land by virtue of that deed recorded in Deed Book 2054,
Page 313 of the Wake County registry (see Exhibit B).
Therefore, Wake Stone's mining permit application is deficient on its face and must be denied.
At a minimum, DEMLR must require Wake Stone to re -file the Permit Application and provide
notice to adjacent landowners as required by the Mining Act. Accordingly, DEMLR is required
to hold an additional public hearing to allow the Adjacent Owners to be heard on the matter.
Sincerely,
f
Matth . Ca enter
cc: Dan Sams, [e-mail]
Sheila Holman, [e-mail]
John Fullwood,[e-mail]
Brian Strong, [e-mail]
Reid Wilson, [e-mail]
Bill Lane, [e-mail]
Dr. Jean Spooner, [e-mail]
Bill Doucette, [e-mail]

Fxhihit A
P operty Owned b
Ci of Raleig , City
f Durham, Wake
County, Durham
County
Deed Book 2054,
Page 313
1
4
Umstead State
Park
Proposed
Mining
Operation
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Cy�e51a�1 J
0
r77
A
0 425 850 1,700 ft
I I I I I I I I I
1 inch = 800 feet
Disclaimer
Vaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use, or its interpretation.

BKO02054PGO0313
EXHIBIT B
This deed drawn by .......Purrington & _Pu
BOOR
NORTH CAROIINA—Wake County.
THIS DEED, made fhls ._ i�,.. - day sf by ... Eernar.L�._H.._M.l,an.c.hard... and
.Charles F...._Slanchar-d,---_her-,-hu,sb.ai d-; Geraldine-lM_..- Carney --and_ Charles-_B_.._Carney,
her__..husband....... _.... .... ....... ._...--.------......._....------...............__.._....
the_.C.ity....of. -R,,
_... County. of_._Durham.....................
Wake County, North Carolina; Witnestoth: That the Grantors, In consideration of Ten Dollars and other valuable considerations to them paid by the Grantees, the
receipt of which Is horeby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell and convey onto the Grantees, their heirs,
er successors, and assigns, she psreol(s) of tend in Wake County, North Carolina, In — Cedar,Fork ? r
adjoining
{sshe lands of _......................._...._
gpr aC t aged. meta particularly described as followas
BEGINNING at a concrete right of=way marker in the west line of S.R. 1650
and the south line of -Bernard S. Hanula, and runs thence south 41 deg. 23
min. 34 sec. -west along the western right of way line of said road 172.91
feet; thence continuing in a southwestern direction along.said right of way
line along a curve to the left with a radius of 1477:39 feet (the chord of
which is south 35 deg.-23 min. 34 sec.•west' 308,86 feet)to a concrete
right of way marker at the intersection of I-40 and said S.R. 1650; thence
along the north lineof I-40 north 70 deg. 16 min. 27 sec. west 386.88 feet
to a concrete right of way marker;, thence north 56 deg. 20 min. 26 sec.
west along said highway I-40 338!.45 feet to the center of Haley's Branch;
thence in a northern direction along the center of Haley's Branch to a
point in'said branch marked by'an existing iron on the east side of said
branch, said iron being north 4 deg. 38 min. 7 sec, east 110.66 feet from
the intersection of said I-40 right of way and Haley's Branci; thence
south 87 deg. 8 min, 20 sec, east 930.58 feet to the point bf.Beginning;
being Tract 1 of a map entitled "Property of Raleigh-Durham'Airport"
registered in Book of Maps 1972, 'Vol. I, page 11, office of the Register
of Deeds for Wake County, containing 5.335 acres.
Tract 2:
BEGINNING at a concrete right of way marker located at the intersection
of the eastern right of way lineiof S. R. 1650 and the north right of way
line of I-40, runs thence along the eastern right of way line of S. R.
1650 north 32 deg. 3 min. 38'sec, east 135.93 feet to a point where the
eastern right of way line o£.S. R _1650 as now located intersects the
original center line of said'road; runs thence south 00 deg. 54 min. 34
sed.~west.along the origina] center line'of S. R. 1650, 170.57 feet to a
concrete right of way marker; runs thence north 42 deg. 33 min. 48 sec.
west along the north right of way line of I-40 98.28 feet to the Beginning;
being Tract 2 according to said map abovementioned; and,containing :146
acres. ,
Tract 3:
All right, title and interest of,the parties of the first part in the
right of way of S. R. 1650 described as follows: BEGINNING at a concrete
right of way marker located on the'west side of S..R. 1650 and the southeast
corner of the Bernard S. Handla property; runs thence south 87 deg. 8 min.
20 sec, east 57.53 feet to a,point,rthe center line of S. R. 1650; runs
thence along the center line,of S.R. 1650 south 41 deg. 23 min. 34 sec, east
208.75 feet; thence along a curve to the left, the radius of which is 260.44
feet, to the northern corner,of Tract 2; runs thence south 31'deg. 3 min.
38 sec. west along the western liner of Tract 2, 135A3 feet to a concrete
monument.in the north right of way line of I-40; thence north 60 deg. 36
min. 26 Sec, west 90 feet along the,north line of I-40; thence in a northern
direction along the right, of way,lihe of S. R. 1650 and east line of Tract
1 a`curve' to the right with an arc of 309.42 feet and'a chord of north 35
deg. 23 Min. 34 sec —east, 308.86 feet to a point; -thence north 41 deg. 23
min. 34 sec, east 172.91 feet to the point of Beginning; being a -tract in.
the right of way of S. R. 1650 according to the map above referred to:
SUBJECT, however, to ad valorem taxes for the year 1972.
This property will conveyed to Granters by dead dated .................... T_,_ -----._•____ recorded in Book .n..._._..____ page --- __._. Wake County Registry.
TO HAVE AND To HOLD the aforesaid parcel(s) of land end all privileges and appurtenances therounto belonging to the said Grantees, their heirs, or suecesaers,
end assigns forever. 5r, n
And the seta ,_ TV B- Blanchard and •husband ChaVles'-'F. Blanchard, and
i3e.ra a.ne---M. husban--C-har--es B-
Granter(s), for themselves, their heirs, executors and admini►tratersi covenant with the O►antees, Their heirs, at' successors'
end assigns that they are sailed of
said premises In fee and have the right to convey the same in fee simple; that the same are free from encumbrances except as herein sot forth; and that they
will warrant and defend the slid title to the same against the claims of All persons whomsoever. i
The plural number as used herein shall equally include the singular. The masculine or feminine sander as used heroin shall equally Include the neater.
.kt

BKO02054PGO0314 1
B0092054 PAA 4
IN "ISTIMONY W11111M the "M Oranhn he honunto lot their hastds and wale the day and "me one ■Mw tenMMs.
sem.s-' f'1 _ �.',>•1 < <� �.� ry . c. (TEAL) �
eKh Bernard B. Blanchard Geraicline C ey
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NORTH CA OIINA-Wake County. (ail acknowledgment not takes: in Wake County, it. C., show county and stab where taken)
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(`acr(Z-1— ____ ...., a Notary Public,do henlry certify that
_QhArUes F._B.lanchard and isle wife, —$ernxd .B.---- Blancard r
each personally appeared before me this day and acknowledged the doe execution of the foregoing deed of conrey`ana.
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Witness my hand and notarial seal, this c�a.rs.� day of -.L`(121 _... , 19.J-sr�. My commission expires
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NOTARIAL SEAL HERE
(Seal must be Impressed sufficiently [ {�
for Notary's �-
name to be readable} - -- - - - ..? '_. ...- Notary Public.
NORTH CARO[INA-Wake County. (if acknowledgment not taken In Walks County, N. C., show county and state when taken)
•
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_ , a Notary Public, do hereby codify that
,red his wife, Geral_d_i_ne M. C_a_r_ne_y ar,nrar,,
_
each personally appeared before me This day and/ �acknowledged the�jduexecution of the foregoing deed of conveyance.
Witness spy hand and notarial seal. this _ / Li__ day _ __ i 1? L , T!_ 7:1 My commission expires .1 7n
NOTARIAL SEAt HERE }fin -•,I i "
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(Seal must be Impressed sufficiently
NORTH CAROUNA-Wake County.
b '
`• ......... Notary Public.
(H acknowledgment rest voices In Wain County, N. C., show county end state where taker)
_ __, a Notary Public, do hereby certify that
-- - and hie wife, -_ _.- -- . - - - - - -., Grantors,
Each personally appeared before me this day and acknowledged the due exacution of As foregoing dead of convsysace.
Witness my hand and notarial real, this , day -_ _ 19— My commission expires
.M NOTARIAL SEAL HERE
(Seal mutt be Impressed sufficiently
for Notary's name to be readable) - .. _--•------------_._.....-......_.-.... ................ _............ ... Notary Public.
NORTH CAROLINA-Wake County. (if acknowledgment not Taken in Wake County, N. C., show county and state where taken)
a Notary Pgbllc, do hereby certify that
and his wits, ___..._...._T ....._ .,.r OresNon,
m
Each personally appeared. before e this day and acknowledged the dw exeertien of tM foregoing deed of cenreyaryre.
Witness my hand and notarial seal, This _ _.... day _ _..., 19...._.. My cemmhs101 expires ........ ._ ._...._..._
040 NOTARIAL SEAL HERB
(Seal mutt be Impressed sufficiently
for Notary's name to be readable) �.....__ __.._................................ _. Notary Public.
tfORTH CARdLIIYA-WAKE COUNTY W-ex,�
The foreaolno certificate'S es
-......-•-•-------- ---•-------- —.Notar(Y](ia) Public Is �i �'1 EXCIii' i�)X
(an] certified to be cord. is Instrument was rewnfed for ngistntion and recorded In fhb s„ cy 1�. 4 ' ,
effke iw Deck- C� S _ P■ge- - � �, �' �� I'� �'• •f j �': :
...... adeck.M. 3 `�' Y � � r L1 4,7T ' 4 �• v i)
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WLANO, Rsglster _ iI _ _ _ _ _._. i�, ` ,
al Dead■.
- _a Rsplatsr of t)seda '
Tnr NO. I-)4bng Form-5-54-Copyrfght. 1954 by Wake County bar Asiociatlon--Glover Printing, Inc., Raleigh, N. G
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