Fatal errors

Dear Mr. Dan Sams,

Prior to granting the permit modification application request, please require:

1. a hydrogeologic investigation assessing potential groundwater and surface water effects and geologic conditions that could create an increased risk of potentially significant effects on groundwater and surface water;
2. A study of the impacts of sediment from the existing quarry on Crabtree Creek and a study of the future impact of the increased sediment due to the permit modification application.
3. an air quality impact assessment that includes an assessment of the potential effects from airborne particulates and dust from the current quarry and the proposed quarry modification.
4. a traffic impact analysis, including documentation of existing transportation systems, analysis of the potential effects of the project on transportation, and mitigation measures to eliminate or minimize adverse impacts for both the Old Reedy Creek and Harrison Avenue Entrances to Umstead State Park;
5. an assessment of compatibility of the project with other existing uses; and mitigation measures that could eliminate or minimize any adverse environmental effects for the project, and if the mitigation measures can’t do this, please deny the permit.

A traffic impact analysis would reveal the poor suitability of Old Reedy Creek Road for the logging trucks and bridge building equipment hauling trucks that RDU Airport Authority has permitted Wake Stone Corporation for the quarry development as per their lease agreement[1].

The Old Reedy Creek Road and Gravel trail/ East Coast Greenway and one lane bridge over Crabtree Creek are not safe to handle both logging and bridge building equipment transport trucks and the existing use of this road/trail by bicyclists, hikers, dog walkers, children, and the elderly. This road segment has a 90 degree curve that is narrow, with hazardous shoulders, with stormwater that flows over the I-40 bridge and down the hill towards the Town of Cary Trailhead, resulting in muddy, slippery conditions on the road.

In 2018, Town of Cary restricted parking on either side of Old Reedy Creek Road from the I-40 overpass bridge southwards to the bridge over Crabtree Creek due to the poor condition of the road. Staff Report[2] dated December 8, 2016 and delivered to the Cary Town Council contained the following observations:

“Parking along the shoulders of Old Reedy Creek Road has resulted in severe rutting damage to the shoulder surface which has been worsened by stormwater in the ditches. The Town has constructed a trailhead on Old Reedy Creek Road (PR1151) that provides parking for approximately 82 vehicles, to accommodate the demand for parking and access to the Park, Lake and Crabtree Creek Greenway. The trailhead opened in December 2016. Prior to construction of the trailhead on Old Reedy Creek Road, visitors to Umstead State Park, Lake Crabtree and Black Creek Greenway Trail would utilize the shoulders of Old Reedy Creek Road to park their vehicles. The result is a shoulder that is hazardous and rutted,requiring constant maintenance by the Town’s Public Works Department to maintain stormwater flow in the ditches and prevent dangerous driving conditions along Old Reedy Creek Road. Park visitors have contacted Town staff to complain about the shoulder conditions. The image of the shoulders on Old Reedy Creek Road reveal that they are in poor condition and uncharacteristic of the condition the Town expects for our roads.”

The figure above also shows the Existing Black Creek Greenway, the Old Reedy Creek Road Trailhead that leads to a bridge over I-40 that has no bike lanes, sidewalks, or other facilities to separate the truck traffic from the existing trail users.

If this land were under the jurisdiction of Wake County, the Town of Cary, The City of Raleigh, or any of the adjacent authorities, a traffic study would be required for this type of development. The land was leased by the RDU Airport Authority to Wake Stone Corporation. The RDU Airport Authority has enacted no zoning or development ordinances to mitigate or reduce development impacts to the environment. Therefore a traffic study and other environmental impact assessments will not be required unless the mining commission requests them. There is no zoning, buffer width rules, or erosion, sediment control, or stormwater best management plans that would be required under the Wake County Zoning Ordinance, as the Odd Fellows Tract is on RDU Airport Authority Managed land.

If the land were being developed for an aeronautical purpose, then the FAA would review this proposed development under NEPA. FAA does not have any say on whether the proposed land use is compatible with adjacent properties, as it does not impact aeronautical safety.[3]

NC General Statutes do apply to this permit modification application. Land acquired by RDU Airport Authority is public purpose land, and disposal of this land must Benefit the Public Generally, Not Special Interests or Persons.

Airport declared public purpose; eminent domain. Any lands acquired, owned, controlled, or occupied by such cities, towns, and/or counties, for the purposes enumerated in G.S. 63–2, 63–3 and 63–4, shall and are hereby declared to be acquired, owned, controlled and occupied for a public purpose, and such cities, towns and/or counties shall have the right to acquire property for such purpose or purposes under the power of eminent domain as and for a public purpose. (1929, c. 87, s. 5.)

“Finally, note that even if a proposed activity constitutes a public purpose in the abstract, it does not mean that a unit may engage in the proposed activity. A local government also must have statutory authority to both engage in an activity and expend public funds for that activity. See Morgan v. Town of Spindle, 254 N.C. 304 (1961) (“‘Public Purpose’ as we conceive the term to imply, when used in connection with the expenditure of municipal funds from the public treasury, refers to such public purpose within the frame of governmental and proprietary power given to the particular municipality, to be exercised for the benefit, welfare and protection of its inhabitants and others coming within the municipal care.”).[https://canons.sog.unc.edu/a-look-at-north-carolina%E2%80%99s-constitutional-public-purpose-requirement/]

RDU Airport Authority Board only has authority to expend funds for aeronautical purposes. Michael Languth, the CEO of RDU Airport Authority has applied for permits for a bridge over Crabtree Creek, for an 18 mile security fence, and for other environmental permits associated with the quarry development, all to assist a private company: Wake Stone Corporation. This activity is not within his authority, or the RDU Airport’s Authority and should be investigated and the mining permit modification denied under G.S. 63.

“n)The actions of such board shall be determined by a majority vote of the members thereof, and a majority of the members shall constitute a quorum for any meeting of the board, and such boards so created shall have full control of all revenues received by reason of the airport or other aeronautical facilities, and shall have power to expend all sums so received for such aeronautical purposes as the board deems proper, and pay over any surplus to municipalities in proportion to their respective interests.”

Video about the RDU Fence Project designed by RDU Airport Authority that will destroy the beauty of Umstead State Park.

Bill Sandifer’s defense on the need for perimeter fencing by RDU Airport Authority.

400 Feet Down Video about the adverse impacts to Umstead State Park.

Judge ruled that Wake Stone will not be able to remove stone from the Odd Fellows Tract until 2022 until the judge adjudicates the appeal.

This video of a blast at Wake Stone Triangle Quarry was recorded about 4 years ago and was found on Youtube. It appears to be shot from the top of the rim at the current Wake Stone Quarry site. What is really amazing about this is the scale of things. We are looking about 400 feet down. See how high up and small those pine trees are on the rim?⠀These blasts will be happening at the new quarry pit site on the Odd Fellows Tract at the SURFACE. The dust clouds will be drifting over Umstead State Park, over the Greenway…likely even over I40 and Lake Crabtree. It is just another reason why this mine permit modification must be denied. It’s a simple case of incompatible use. Quarries don’t belong next to our State Parks, greenways, and single family homes.

I request that you deny the mining permit modification based on § 74–51.(d)(4) That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road; and § 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.

If RDU Airport Authority is considered to be a municipal corporation with exclusive power of zoning and development, why didn’t they participate in the Wake County Multi-Jurisdictional Hazard Mitigation Plan[4]?

“In an effort to reduce the Nation’s mounting natural disaster losses, the U.S. Congress passed the Disaster Mitigation Act of 2000 (DMA 2000) in order to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Section 322 of DMA 2000 emphasizes the need for state, local and Tribal government entities to closely coordinate on mitigation planning activities and makes the development of a hazard mitigation plan a specific eligibility requirement for any local or Tribal government applying for federal mitigation grant funds. In short, if a jurisdiction is not covered by an approved mitigation plan, it will not be eligible for mitigation grant funds.These funds include the Hazard Mitigation Grant Program (HMGP) and the Pre-Disaster Mitigation (PDM) program, both of which are administered by the Federal Emergency Management Agency (FEMA) under the Department of Homeland Security.”

So if a flooding disaster results in the proposed quarry pit filling with water, and causes the sides of Crabtree Creek to collapse, then the RDU Airport Authority and the four municipal Airport Sponsors will be liable for the damage, and ineligible for FEMA funds to assist in the recovery. This is not a liability that should be placed on the public.

This proposed mining permit modification is incompatible with the adjacent Wake County, Town of Cary, City of Raleigh, and Town of Morrisville Comprehensive Master Plans and should be denied due to the safety and health impact to the users of greenway, harming the public’s ingress and egress to Umstead State Park. The Odd Fellows Tract land is currently zoned Residential-40 near the Dunn’s single family home, and adjacent to Umstead State Park, and zoned Highway District near I-40. The General Statutes require that zoning be done according to a comprehensive plan. What are the requirements for the RDU Airport Authority as a municipal corporation to adhere to the general statutes?

The Umstead State Park Master Plan had identified both the current quarry and the Odd Fellows tract as land that would be purchased and incorporated into Umstead State Park. On the existing quarry in the buffer area, is a very significant natural area of Crabtree Creek, where Rhododendron grows, one of the few places found east of the mountains where we have rhododendron growing along the creek. This area should have been preserved as a natural area to be used for picnicking, fishing and ponds, as was noted in 1981.

From the 1981 Minutes from Wake County, State Park Representative:

“What happened when the airport purchased the property here, they did so by first contacting the state and saying would you object to us buying that land with the prospect of one day being able to trade with the piece that you have penetrating into our area. We said at this point in time we could not object to your purchasing that land but wish we would one day be able to purchase that land and our master plan shows that. That there is some land up here that we would want to trade. So while we are talking about Airport district here, again it is speculative but we hope to one day secure that from the airport.”

“The lower swath, that includes the proposed quarry area, would be subjected to high aircraft noise only if “Plan B” (a NW-SE runway) were built.“

The land was acquired for the “Plan B” option, yet it was never disposed of properly.

FAA Grant Assurance 31 requires that an airport owner or operator dispose of unneeded noise land at FMV as early as is practical after the determination that the land is unneeded.

Regarding the lease of public-purpose land for an open pit quarry. Municipalities must follow rules to dispose of public-use properties according to N.C.G.S.

https://www.sog.unc.edu/sites/www.sog.unc.edu/files/Property%20Disposal%20Options%20Chart.pdf

Comment from 1981 Wake County Rezoning Public Hearing:

“I think the airport authorities situation is debatable as you are indicating, I would gather we have about a 10% chance of getting that runway configuration.”

“I think that there are other physical situations arguing against that and the impact of that downstream on structure 25 and reach of Crabtree Creek above structure 25, including problems within the park within a national beech monument, or whatever, the occasional flooding of that particular site in there is not harmful to it in the analysis of the SCS but any additional sedimentation which would come from the construction in that site or the additional runoff, that would be generated from that site, will wipe out one of the prime pieces of land inside the forested park. It won’t take much sedimentation going down that creek to wipe out this is documented in the SCS study of the Crabtree Creek Dam.”

The concerns of the public listed above did come true, sediment from the mine has been discharged repeatedly into Umstead State Park, and has resulted in harm.

Promise from the mining applicant to the Wake County Board in 1981:

“Very little has been said about sedimentation, Mr. Welby bought it up, we have to provide a buffer, and the state law requires that within the first 25% of that buffer area that we must eliminate the sediment that is in any water that is flowing and we are going to make a good neighbor for Umstead Park and if we do in fact develop the property, I am going to put my client in touch with Mr. Jim Stevens and we are going to satisfy Umstead Park that we are not going to do any damage”

We have video and pictures documenting sediment flowing past their dam, through the buffer and into Crabtree Creek. Wake Stone did not keep their promise. Their request to expand, extend, and intensify their impact on Umstead State Park should be denied.

After the Mining Commission over-ruled the DEQ decision to deny the permit in 1981, the Wake County Director of Planning wrote the following letter that concluded with

“The documentary “evidence” appears to be more of an erroneous conclusion than evidence. It think it is based on obsolete maps and data, and more thorough research might have revealed that.

Sincerely, JOHN G. SCOTT, Director of Planning

I request that you deny the mining permit modification based on § 74–51.(d)(7)That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that resulted in:

1. Revocation of a permit,
2. Forfeiture of part or all of a bond or other security,
3. Conviction of a misdemeanor under G.S. 74–64,
4. Any other court order issued under G.S. 74–64, or
5. Final assessment of a civil penalty under G.S. 74–64.
6. Failure to pay the application processing fee required under G.S. 74–54.

I believe that Wake Stone’s existing permit should be revoked, that the original reversal of the mining permit denial was based on an erroneous conclusion. Wake Stone has not maintained their special use permit from Wake County (it was issued in 1981 for 25 years), and they have violated the buffer requirements in the mining permit. Wake Stone Corporation requested and received a modification to the mining permit to remove the “sooner” language in the sunset clause that would close the existing pit by 2031 for the State of NC to purchase. This was the first permit modification that reduced the buffers and changed the sunset clause see permit dated March 28, 2018[5]. The effort to remove this clause should be recognized as an attempt to extend the life of the mine, and against the conditions of the original mining permit. This permit modification in 2018 also reduced the buffers that were required to protect Umstead State Park. The State of NC option to purchase the mining pit, and for Wake Stone to remediate and close the mining site should be triggered now as Wake Stone is claiming in the mining permit modification application that the existing pit is depleted.

The original signed permit with the condition specifying the “sooner” language is on the last page of the PDF named 13.pdf. These documents were obtained from the Wake County Planning Office from the files of the Special Use Permit that Wake Stone obtained in 1981.

https://drive.google.com/drive/folders/1FqrGyvLd9SutdmLe9bsQHFx3jLurNPe8?usp=sharing

§ 74–64.(a)(5) Penalties for violations.

In addition to other remedies, the Department may request the Attorney General to institute any appropriate action or proceedings to prevent, restrain, correct or abate any violation of this Article or any rules adopted under this Article, or the obstruction, hampering, or interference with an authorized representative of the Department while the representative is carrying out official duties pursuant to this Article.

The NC DEQ mining commission should request an investigation of Wake Stone Corporation and the RDU Airport Authority for this unlawful mining lease and proposed mining permit modification, and should deny this permit.

Sincerely,

Liz Adams