Attorney General Josh Stein: Restore the Sunset Clause to protect Umstead State Park by dropping the motion to dismiss the case
The existing Wake Stone Triangle Quarry bordering William B. Umstead State Park in Cary, NC (Harrison Ave entrance) was promised to sunset “end” by 2031. The original Mining Permit 92‐10 was approved in 1981 with a 50-year Sunset Clause. After 50 years, in 2031, Wake Stone was to donate the land to the State and all mining operations would cease.
Wake Stone accepted permit renewals and modifications without objections to the Sunset Clause for 37 years. In November 2018, while doing a Public Records examination of the permit files for Mining Permit 92-10, the Umstead Coalition discovered an unexpected and disturbing permit modification that was made by an internal “administrative text change”.
Why It Matters
With the Sunset Clause in place the existing Triangle Quarry would stop blasting and operation in 2031 and there could be no new RDU Quarry on the Odd Fellows Tract.
Removing the Sunset Clause effectively allows Wake Stone to continue quarry operations with no time limit — exposing William B. Umstead State Park to decades of continued blasting and noise intrusion from Triangle Quarry. It enables them to attempt to create the new RDU Quarry on the Odd Fellows Tract.
- We can stop this permanent environmental and economic disaster by simply restoring one word in the Sunset Clause from “later” back to “sooner” in Wake Stone’s original Mining Permit 92-10
- 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 (EA) under the State Environmental Protection Act (SEPA)
- A win! On June 1, 2023 the Umstead Coalition’s case moves forward to restore the quarry 50-year Sunset Clause
- On July 13, 2022, the Umstead Coalition filed a lawsuit related to Wake Stone's Triangle Quarry to restore the 50-year Sunset Clause and protective stream and park buffers. Read the press release.
- Read the News & Observer's article: ‘Sooner’ or ‘later’? Future of Wake Stone’s quarry near Umstead may hang on one word
- Read NC Policy Watch's article on the Sunset Clause: ‘Sooner’ or ‘later’? Fate of Wake Stone quarry near Umstead State Park hinges on one word
- The Honorable Rufus Edmisten, NC Attorney General in 1980-81 issued a statement on January 12, 2021 that confirms the 1981 Permit with the Sunset Clause "speaks for itself" and the Sunset Clause of "sooner" is correct. That means the NC State Parks should have the option to end quarry blasting and operations in 2031 — no old or new quarry.
- Learn more about the Sunset Clause here
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