RDU Quarry Fight: Attend Mining Buffer Permit Superior Court Hearing

SORRY FOR LATE NOTICE.

Hearing on the Umstead Coalition's Request to revoke Buffer Authorization for quarry bridge across Crabtree Creek

Monday, December 2, 2024 (10am start)

Wake County (old) Court House, Room 10B, 10th floor
316 Fayetteville St, Raleigh, NC 27601

There is a bridge authorization to destroy the riparian buffers along Crabtree Creek (OAH Judge van der Vaart’s April 1, 2024 ruling). This despite the Umstead Coalition had previously won THREE(3) court cases upon Appeal to revoke-they just keep trying and we keep fighting for the law to be followed. Here we go again, for the 4th time!
On April 1, 2024 AOH Judge van der Vaart ruled the Buffer Authorization approved because, get this…. The Buffer Rules (the NC law as implemented by the Rules approved by the NC Environmental Management Commission) is “not clear and unambiguous” (and therefore could not be enforced). Note: Wake Stone did not ask to intervene and is NOT a party to this case- their lawyers should not be allowed to speak during the hearing.

Interestingly, this time, BOTH DEQ and the Umstead Coalition appealed Judge van der Vaart’s April 1, 2024 Ruling. DEQ argued the Rules were clear and DEQ’s staff permit approver was qualified to determine there was no need for alternative analyses to avoid the buffer impacts (note: no party raised any issue about the clarity of the Buffer Rules and DEQ did not present their staff as an expert at trial). The Umstead Coalition agrees the Rules are clear and also argues that Wake Stone should have been required to perform alternative analysis by DEQ to avoid or minimize buffer impacts. In contrast to DEQ’s staff witness, the Umstead presented extensive evidence during multiple days at trial from 3 engineering witnesses as to practical alternatives in design and location that would avoid buffer impacts. After various court filings we have an Appeal hearing tomorrow, December 2, 2024 on our Appeal. (note: Wake Stone has proceeded to destroy the Crabtree Creek stream buffer for the bridge, but they are doing this at their own risk and their destructive actions should not affect our court cases-it’s not our fault that DEQ failed to follow the law and various attempts by others that caused court delays and appeal hearing).

Join us in support: Wake County Court House (the tall one), Room 10B (10th floor), 316 Fayetteville St, Raleigh, NC 27601 (Judge C. Winston Gilchrist). 10am calendar call to determine what time our hearing will be held.

It is always good to have our supporters in the audience; it's likely to be a small court room so 5 or more attendees is ideal. Here's what to expect if you attend. Arrive at the courthouse by 9:45am, go through security and take the elevator to the 10th floor, Court Room 10B). You can come and go from the court room, but can't talk while court is in session. Try to sit with our attorneys during the calendar call and behind them during the Hearing.

What to expect: First, the judge will run through the all the cases scheduled for the week (Calendar Call) and then determine when our case will be heard. It is also possible that our case will be heard another day. We anticipate the Hearing to take about 3 hours once it starts.
A good option for parking is the Wake County Municipal Parking Deck 216 W. Cabarrus St., on the corners of Davie, McDowell and Cabarrus streets. It's about a 5 to 10 minute walk to the courthouse.