Send a personalized message to Gov Cooper - Restore the Sunset Clause

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HELP PROTECT William B. Umstead State Park, Odd Fellow Tract, and Crabtree Creek

ASK Governor Cooper to protect our State Park and public lands from a proposed NEW 400-foot deep rock mine on the Odd Fellows Tract. Ask the Governor to:

  • Restore the promised SUNSET CLAUSE at the existing rock quarry on the south side of Crabtree Creek and end the noise, dust, water pollution and truck conflicts at our popular Park entrance off Harrison Avenue by 2031. Restore Sunset Clause, prevent new quarry.

  • Perform a FULL Environmental Assessment per the NC State Environmental Policy Act (SEPA) for the proposed new quarry pit on the north (other side of Crabtree Creek)


DID YOU KNOW? Existing Quarry at Park entrance of Harrison Ave was promised to SUNSET by 2031!

  • In 1980, NC Department of Environmental Quality (DEQ), correctly DENIED Wake Stone Corporation’s Mining Permit Application due to “noise, sedimentation, dust, traffic and blasting…impacts on William B. Umstead State Park.”  

  • Wake Stone appealed and received a Mining Permit with additional conditions in May 1981. Wake Stone agreed to a 50-year sunset clause. Here’s what was promised to the public and the State of NC:

    • Permit Reclamation Conditions Section 5.B. “If all quarryable stone is not removed, the right of the State to acquire the quarry site shall accrue at the end of 50 years from the date quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is SOONER."

  • Wake Stone agreed to this condition 9 times over 37 years, including each time the Mining Permit was modified or renewed.


BROKEN PROMISE – the Public and Umstead State Park is being Cheated!  

  • In March 2018, eleven months before RDUAA surprise approval of a lease for a new rock mine on the Oddfellows Tract, Wake Stone convinced DEQ staff that a “typographical error” occurred in their 1981, 1986, 1991, 1992, 1996, 2001, 2010, 2011, and December 2017 mining permits (which Wake Stone Corporation had AGREED to for theses previous 37 years) and one word was changed “administratively.” Insultingly and with apparent attempt to keep this a secret, there was NO notice to NC State Parks, nor the public; no public electronic record-just a paper copy with a “hand written" change in the margin which was then hidden in a filing cabinet in the permit to read:

    • Permit Reclamation Conditions Section 5.B. “If all quarryable stone is not removed, the right of the State to acquire the quarry site shall accrue at the end of 50 years from the date quarrying commences or 10 years after quarrying operations have ceased without having been resumed, whichever is LATER,” rendering the Sunset Clause useless.

  • The SUNSET CLAUSE was NOT a TYPO! This promise to cease mining operations by 2031 and offer the site to Umstead State Park was known by ALL and has guided Park planning and spending for decades.

  • More details: https://umsteadcoalition.org/Mining-Permit


THE SUNSET CLAUSE’s IMPORTANCE – THE NEW QUARRY IS A BROKEN PROMISE

  • Wake Stone proposes to continue to build a new MASSIVE bridge over Crabtree Creek and continue to use their existing quarry to crush and process the rock from the proposed NEW quarry on the opposite side of Crabtree Creek.

  • If the current quarry ends operations as promised by 2031, new quarry not viable!


SUNSET CLAUSE MUST BE REINSTATED

  • Reinstatement of the original language of the Sunset Clause is in the public’s best interest, and honors the promise DEQ and Wake Stone made to our community in 1981, 1986, 1991, 1992, 1996, 2001, 2010, 2011, and December 2017.


ACTION NEEDED:

  • We can stop this permanent environmental and economic misadventure by simply restoring one word in the sunset clause from “later” back to “sooner” in Wake Stone’s original mining permit Sunset Clause.

  • Governor Cooper is in a position to help restore the Sunset Clause, and your written appeal can help persuade him to assure promises to the public are not so easily discarded.

  • Governor Cooper can also call for an environmental assessment under the state environmental protection act (SEPA)