The Umstead Coalition disagrees with the Office of Administrative Hearings (OAH), Judge van der Vaart August 11, 2023 overturning of the State’s Denial of Wake Stone’s Mining Permit Application to destroy the Odd Fellows Tract. Read his Decision here=>
DENIAL in February 2022 by the State was correct.
Appeals to the OAH Decision must be made within 30 days per North Carolina General Statute § 150B-45.
The proposed new deep quarry pit would only have a twenty-five (25) foot set-back from William B. Umstead State Park and the East Coast Greenway (Old Reedy Creek Road). It would be the first private rock quarry on public property in North Carolina. The proposed quarry would have significant adverse effects for decades and then be a forever liability to the citizens of Wake and Durham County.
The public opposition is intense. A record 9,500 public comments were received by the NC Department of Environmental Quality (DEQ). The NC Division of Parks and Recreation (aka NC State Parks) submitted multiple letters in opposition to the State. Local Governments, including Wake County and the Town of Morrisville have passed positions in opposition.
Adding to the wrong, the same judge that overturned DEQ’s denial, also did not allow the Umstead Coalition to Intervene and present our evidence in the trial. While the State’s case was strong and the mining permit denial was correct and should not be overturned, the Umstead Coalition was prevented from presenting our case in court, incorrectly limiting evidence.
Dr. Jean Spooner, Chair of the Umstead Coalition stated, “There is no doubt that a heavy industrial operation with over 400 huge quarry haul trucks passing daily within 25 feet of William B. Umstead State Park and the East Coast Greenway, blasting, dust, rocks crashing, etc will have a devastating impact on our prized public recreational corridor. “
Background: The original 1981 Triangle quarry permit for the current quarry was denied by the State, but the denial was overturned by the NC Mining Commission (in current times, these appeals go to OAH). The 1981 permit was then issued over the objections of DEQ regulators and State Parks only after Wake Stone agreed to certain conditions intended to protect Umstead State Park which included a guaranteed end date for quarry operations in May 2031 and large forested buffers. All these protections are violated with the proposed new quarry operations.
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