RDU Airport Authority is protected from incompatible uses in the area surrounding the airport by the establishment of Airport Overlay Districts (AOD) in the bordering municipalities. Prohibited uses within these AOD districts include: Quarries, landfills, and resource extraction.
Quote from Durham’s Land Development Ordinance:
“The Airport Overlay is established to contribute to the safe operation of airports, to facilitate orderly development around airports, and to control and minimize impacts on surrounding activities.” “Standards are provided to ensure an attractive entrance to the area in order to encourage trade and commerce and thereby maintain economic vitality.”
Quote from Morrisville on their review of their Airport Overlay Districts:
What is the purpose of Airport Related Regulations?
- Promote most appropriate land use
- Ensure the safety and welfare of the community
- Ensure development is compatible with the airport
Here are links to the relevant sections of each Land Development Ordinance:
Raleigh Unified Development Ordinance Link
Town of Cary Land Development Ordinance Link.
Durham Unified Development Ordinance Link.
Town of Morrisville Link to Airport Overlay Review
What do the Airport Overlay Districts of the neighboring municipalities all have in common?
1. Prohibited Uses:
Resource extraction, Landfills or quarries;
Note: Raleigh has an additional prohibited use: Any use that involves dangerous, noxious, or offensive activity that has excessive smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause.
2. Requirement to get approval from RDU Airport Authority prior to approving
Raleigh: The City‐County Planning Department shall coordinate review of development proposals within the Airport Overlay with the Raleigh Durham Airport Authority, submitting such proposals to the Authority for review and comment before action by any approving authority. (See Policy 16.1.3d Support for the Raleigh‐Durham Airport Authority.)
The lawsuit that is currently under appeal has challenged the RDU Airport Authority decision to lease 105 acres of land that it manages without first notifying and obtaining the approval from the four local municipal governments who own the land (Wake County, City of Raleigh, City of Durham and Durham County). The impact of the expanded quarry goes beyond these four entitites, and includes the Towns of Morrisville and Cary because of the negative impacts to their environment, economic vitality, recreational assets, and community health.
Doesn’t the RDU Airport Authority have a responsibility to coordinate the review of all development proposals on land that it manages with the communities that will be impacted by RDU’s land use decisions? Aren’t public hearings, and opportunity for public comments required for this proposed development and expansion of this quarry?
What restrictions on land uses are contained in the RDU Airport’s Land Development Ordinance? I couldn’t locate a copy of it. Why isn’t it available for the public to review?
The proposed quarry is an incompatible use to both the Airport and the surrounding municipalities, and should be prohibited. The lease made between RDU and Wake Stone Corporation extends the life of the existing quarry beyond the mining permit’s 50 year sunset clause. This extends time that the public is exposed to the harm caused by the existing quarry. This unilateral decision to extend the life of the existing quarry by allowing it to expand into the Airport managed land shouldn’t be allowed without giving the Wake County Commissioners and all impacted local governments an opportunity to review and approve the plan. The land for the existing Wake Stone Quarry is within Wake County’s unincorporated area, and these elected officials have the right of first refusal to purchase the land after the mine closes. The proposed quarry expansion will delay this purchase opportunity and will delay the reclamation of this mine.
How will the proposed quarry development impact Wake County’s planning efforts? “To ensure future growth is accommodated in a responsible way, the county is embarking on a community-wide planning effort, PLANWake.” http://planwake.org/resources.html It is difficult to plan future growth in a responsible way once an incompatible use is allowed.
According to a change to the Mining Permit Law enacted in 2017, mining permits are to be issued for the life of the site or the lease term. Is there no recourse available to the public once a permit is issued? How much harm will the quarry cause to our vital wildlife corridors, greenways, forested lands, and to our health and welfare? How can all of this take place without an opportunity for federal, state, or local environmental assessment and requirements for mitigation of negative environmental impacts?
Back in 1993 Wake Stone complained about a permit that was granted to Martin Marietta before an environmental assessment was performed. “The purpose of North Carolina Environmental Protection Act [NCEPA] is to require consideration of environmental information prior to the State action, in this case the issuance of the permit. Thus, [NCEPA] requires the completion of the environmental documentation before it is determined what conditions the State will place on the permit. To do otherwise would vitiate [NCEPA].” https://law.justia.com/cases/north-carolina/court-of-appeals/1993/9110sc1162-1.html
At the time, Thomas Oxholm of Wake Stone Corporation stated: “WE BELIEVE IT ONLY FAIR THAT ALL APPLICATIONS BY INDUSTRY BE HANDLED FAIRLY AND IN THE SAME MANNER, NOT IN A WAY WHICH CAN BE BYPASSED BY POLITICAL INFLUENCE OR PRESSURE. WE BELIEVE THE VOTERS, TAXPAYERS AND ALL CITIZENS WOULD EXPECT THE SAME MANNER OF CONDUCT.”
In 2015 the criteria for determining when NCEPA would apply was changed to only apply if project that meets all three of the following criteria:
- An expenditure of $10 million in funds provided by the state of North Carolina for a single project or action or related group of projects or action
Or
- land-disturbing activity of equal to or greater than 10 acres of public lands resulting in substantial, permanent changes in the natural cover or topography of those lands (or waters) (Odd Fellows Tract is > 105 acres)
2. An action by a state agency. ( RDU Airport Authority is a state agency that acted to lease the land for a quarry, and also has created a development plan for an 8 mile long Security Fence (28 deforested clearcut acres of fence). (Wake Stone is clearing the land and building the quarry on public land owned by State Agencies, so does NCEPA apply?)
3. Has a potential detrimental environmental effect upon natural resources, public health and safety, natural beauty, or historical or cultural elements, of the state’s common inheritance. (YES, both the quarry and fence meet this criteria)
If federal funds are involved, the National Environmental Policy Act (NEPA) may apply.
Doesn’t RDU Airport Authority need to file for a review under the NCEPA? Isn’t RDU required to obtain a permit from DENR for the 8 mile long security fence (with a 30 ft wide tree clearing for the length of the fence) built to protect the quarry development? The fence will disturb wetlands, water bodies and wildlife and recreational corridors on public land.
This proposed quarry may require NCDOT to upgrade the road and single lane bridge to handle the quarry trucks that will be removing the trees and overburden. The proposed quarry expansion would harm NC’s Umstead State Park, Crabtree Creek and our right to breath clean air.
Due to Wake Stone’s influence on elected officials, a majority of town or city council members been opposed to joining the lawsuit to help the RDUForest group protect the recreational and community assets that will be forever damaged by the quarry.
It seems odd that it takes less review and oversight to approve a quarry than it does to approve a cell tower.
Residents of Cary, Raleigh, Morrisville and Durham want the existing quarry to CLOSE in 12 years or sooner. We want a halt to the harmful exposure to water and air pollution that we have documented from the existing quarry. This quarry at the Cary entrance to Umstead State Park must NOT remain open for 35+ more years, it is a danger to public health and safety!
THE DECISION ON THE QUARRY MUST BE OPEN TO PUBLIC INPUT AND. LEASING PUBLIC LAND FOR A PRIVATE QUARRY IS NOT IN THE PUBLIC INTEREST.
#StopRDUQuarry #ProtectUmsteadStatePark
