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Read News Summary of the Neuse River Waterdog Final 4(D) Rule- Prohibitions and Exceptions The Umstead Coalition P.O. Box 10654 Raleigh, NC 27605-0654 (919) 852-2268 http://umsteadcoalition.org Facebook.com/umsteadcoalition Meetup.com/umsteadcoalition MEMORANDUM August 25, 2021 To: Secretary Elizabeth Biser, NC Department of Environmental Quality (DEQ) Secretary Reid Wilson, NC Department of Natural and Cultural Resources (NCR) Brian Wrenn, Director, NC Division of Energy, Minerals and Land Resources (DEMLR), DEQ From: Dr. Jean Spooner, Chair The Umstead Coalition Re: DEQ Rules for NCPA must Trigger SEPA – Protect William B. Umstead State Park Please accept this letter restating the requirement to trigger a full NC Environmental Policy Act (NCEPA) evaluation of the proposed Permit Modifications for Mining Permit 92-10. That Application and its recent 8/12/21 Site Plan submittal is proposing a reduction of buffer protections on the existing mining operations adjacent to William B. Umstead State Park south of Crabtree Creek and the creation of a new mining pit and operations on the Odd Fellows Tract on the north side of Crabtree Creek and adjacent to William B. Umstead State Park. DEQ Secretary has the authority and requirement to enact the NCEPA in this situation is given by 15A NCAC 01C .0306. The site plan, as proposed on August 12, 2021 with revised Site Plan has numerous insults to William B. Umstead that will create significant adverse effects, including: • only twenty-five (25) feet of undisturbed buffer adjacent to William B. Umstead State Park and its connected East Coast Greenway (then a wall and haul roads); • mining pit and blasting approximately 100 feet from our State Park and connected recreational corridor; • only 50 foot Neuse buffers along the steep slopes of Crabtree Creek with those small buffers compromised with a massive 60-foot quarry bridge and deforestation swatch along fencing; • Severing the last remaining wildlife corridor from Jordon Lake along Crabtree Creek through William B. Umstead State to the east. • Massive 60-ft wide bridge over Crabtree Creek just upstream of Park proposed for hundreds of massive quarry trucks • Substantially narrowing the buffers to the Park and Crabtree Creek on existing quarry south of Crabtree Creek and conversion from “undisturbed” to an unprotected “unexcavated” designation • View Scape from William B. Umstead State directly into quarry operations DEQ’s Rules on SEPA clearly state the authority and requirement of the Secretary of the NC Department of Environmental Quality (NC DEQ) to trigger NCEPA. The situation before us is perhaps the biggest environmental disaster proposed to a North Carolina State Park in decades. Specifically, we draw attention to language from the DEQ rules document that gives the DEQ Secretary authority to enact the NCEPA, more accurately, REQUIRES an environmental document under NCEPA: "15A NCAC 01C .0306 ACTIVITIES OF A SPECIAL NATURE Any activity falling within the parameters of the minimum criteria set out in Section .0400 of this Subchapter shall not routinely be required to have environmental documentation under the NCEPA. However, an environmental document is required when the Secretary determines that: (1) the proposed activity may have a potential for significant adverse effects on ♥ The Umstead Coalition ♥ Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor 1 wetlands; surface waters such as rivers, streams and estuaries; parklands; game lands; prime agricultural or forest lands; or areas of local, state or federally recognized scenic, recreational, archaeological, ecological, scientific research or historical value, including secondary impacts; or would threaten a species identified on the Department of Interior's or the state's threatened and endangered species lists; " 15A NCAC 01C .0107 limits other DEQ actions during NEPA Process (which is appropriate) so a full assessment can be performed: 15A NCAC 01C .0107 LIMITATION ON ACTIONS DURING NCEPA PROCESS (a) While work on an environmental document is in progress, no DENR agency shall undertake in the interim any action which might limit the choice among alternatives or otherwise prejudice the ultimate decision on the issue. A permit approval or other action to approve land disturbing activity or construction of part of the project or action, other than those actions necessary for gathering information needed to prepare the environmental document, limits the choice among alternatives and shall not be approved until the final environmental document for the action is published in the Environmental Bulletin pursuant to 01 NCAC 25 .0212 and adopted by the DENR agency through the procedures established by the Department of Administration’s Rules for administering NC EPA and this Subchapter of the Department's rules. (b) If a DENR agency is considering a proposed action for which an environmental document is to be or is being prepared, the DENR agency shall promptly notify the initiating party that the DENR agency cannot take final action until the environmental documentation is completed and available for use as a decision-making tool. The notification shall be consistent with the statutory and regulatory requirements of the DENR agency and may be in the form of a notification that the application is incomplete. (c) When a DENR agency decides that a proposed activity, for which state actions are pending or have been taken, requires environmental documentation then the DENR agency shall promptly notify all DENR action agencies of the decision. When statutory and regulatory requirements prevent a DENR agency from suspending action, the DENR agency shall deny any action for which it determines an environmental document is necessary but not yet available as a decision-making tool. History Note: Authority G.S. 113A-2; 113A-4; 113A-6; 113A-7; 143B-10; Eff. April 1, 2003. Source: SUBCHAPTER 01C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT. 15A NCAC 01C .0101 STATEMENT OF PURPOSE, POLICY, AND SCOPE (a) The purpose of the rules in this Subchapter is to establish procedures within the Department of Environment and Natural Resources (DENR) for conforming with the North Carolina Environmental Policy Act (NCEPA). https://files.nc.gov/ncdeq/DENR/documents/Rules%20-%20Policies%20- %20Laws%20and%20Regulations/State%20Environmental%20Policy%20Act/criteria03.pdf 15A NCAC 01C .0306. NCEPA is required due to adverse significant adverse effects on wetlands; surface waters such as rivers, streams The public record on the current quarry operations has documented numerous untreated sediment discharges and streambed deposits from the existing quarry operation. The public record also has documented wetland and buffer violations at the existing quarry operations. The proposed narrowing of Crabtree Creek stream buffers on the existing quarry, as well as new quarry operations on the other side of Crabtree Creek with narrow Crabtree Creek and Foxcroft Lake buffers has grave potential to have adverse effects on the downstream streams and wetlands within William B. Umstead State Park. Two deep quarry pits in close proximity to both sides of Crabtree Creek will likely result in loss of instream flow from groundwater sources and tributaries on the (currently) forested Odd Fellows Tract. Seepage from Crabtree Creek in to the new pit may also occur. Loss of stream flow will increase instream waste concentrations from upstream sources and decrease resilience of stream biota and likely increase vulnerability to extreme events such as prolonged drought. ♥The Umstead Coalition ♥ Dedicated to preserving the natural integrity of W.B. Umstead State Park and the Richland Creek Corridor 2 The proposed new quarry pit perimeter/pit would be within the 500-year flood level along Crabtree Creek. Streambank stability and integrity of Crabtree Creek could be severely compromised during such events (which happen in this area). 15A NCAC 01C .0306. NCEPA is required due to adverse significant adverse effects on parklands and forest lands NC Division of Parks and Recreation (DPR) submitted a letter to NC DEQ- Division of Energy, Mineral, and Land Resources (DEMLR) requesting denial of the Mining Permit Application Modification (e.g., expand current operations and dig a new pit on the other side of Crabtree Creek) due to Significant Adverse effects on William B. Umstead State from noise impacts, sedimentation/water quality, dust/air quality, truck traffic, blasting, loss of wildlife corridors, and loss of Park expansion opportunities. The DPR letter also explicitly states concerns about the “publically owned greenways adjacent to the Park” (e.g., Old Reedy Creek Road Forested Recreational Area). The proposed tiny, tiny width of 25 feet undisturbed buffer along the William B. Umstead State Park boundary is woefully insufficient to protect the critical root zone of the mature, upload hardwood trees in this area of William B. Umstead State Park. A tree's Critical Root Zone (CRZ), sometimes also called the Root Protection Zone (RPZ), is defined as a circle on the ground corresponding to the dripline of the tree. ... The root systems of some oaks, for example, can extend well beyond the canopy dripline. The proposed short wall and other construction within the tree’s dripline will kill Park trees. Most of a tree’s fine roots (the ones that absorb water and minerals) are within 12 inches of the surface. Even a few inches of soil piled over the root system can smother the fine roots and lead to root and tree decline and death. Footings for the wall will cut tree roots that extend farther than 25 feet from the Park’s boundary. https://www.trpa.gov/wp-content/uploads/documents/archive/TRPA-Tree-Protection-Tip-Sheet_Final.pdf Killing trees within William B. Umstead State Park is a “Taking” of Park natural resources, a direct violation of the protections offered under the listing of William B. Umstead State Park, including its forests, under its 1995 listing in the National Register of Historic Places. Fly rock is also a grave concern. Blasting is proposed to be only approximately 100 feet of William B.
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