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Umstead Park/RDU Quarry Sunset Clause Trial
June 18 - June 20
YES! It is REALLY happening! After 6 years of DEQ-Mining staff telling us we could not appeal the loss of the 50 year sunset clause and park protection buffers (which were done in secret in March 2018); after huge citizen response (big thanks to all of you!); after several court filings and overcoming several “Motions to Dismiss”; after being sent back and forth to different courts; after filings and hearings to try to get to a trial on the merits of our case —> we are finally getting a contested trial!
The trial will go for at least 3 days, generally taking 2-hour lunch break. There are usually additional short breaks for bathroom visits and attorneys to talk with clients.
It would be helpful to have an audience. Feel free to come for just a hour or 2 if that is all you have or stay for it all! You may arrive or leave courtroom at any time, but if you need to do such, please do so quietly.
We are not allowed to talk during the court. No photos or recordings, but you can bring your laptop/tablet.
The Office of Administration Hearings (OAH) is a small (2 story) red brick office building with plenty of (free) surface parking adjacent to the building. You will need an ID. OAH is located in north Raleigh.
HISTORY: The Sunset Clause and buffers were part of the first Wake Stone Triangle Quarry mining permit which was issued with stringent conditions to protect Umstead State Park on 13/May/1981. The Sunset Clause established that Wake Stone would cease operations of the controversial mine located adjacent to the Reedy Creek Park entrance of Umstead State Park by 2031. This clause remained for 37 years and was in 8 subsequent Mining Permit Renewals. In 2018, via one message, Wake Stone claimed one word (sooner) was a TYPOGRAPHICAL error, meaning that someone typed “sooner” instead of “later” in 1981. Even with detailed legal review on 8 subsequent permit modifications/renewals, Wake Stone says nobody noticed this important typographical error. Really? DEQ, without full investigation of the issue, took Wake Stone’s bait. Similarly, Wake Stone has systematically eliminated the protective buffers over the years by sneaky means, by replacing one sentence and by putting buffer language in only maps instead of actually in the permit (basically hiding the changes).
This trial is important no matter your political affiliation as it is about getting to the TRUTH and reinstating stringent conditions that were purposely established in 1981 to protect Umstead State Park. TRUTH. Not lies.