A permit issued back in 1981 that allowed the rock quarry to be built, included a sunset clause that stipulated it could operate for 50 years or until they essentially run out of rocks -- whichever is sooner. Once the time was up, they would donate the land back to the state, which could be used for the park.
N.C. Department of Environmental Quality (DEQ) issued several permits to the rocky quarry in the following decades and remained in line with the initial permit, adhering to state law.
In 2018 though, the DEQ altered the original permit from 1981. It changed the language that the rock quarry could operate for 50 years or until they essentially ran out of rocks -- whichever is later. This means the Quarry could operate indefinitely.
The alteration in the permit also reduced the buffers between the quarry and the park, meaning that the buffer of habitat around the park would be lessened.
According to The Umstead Coalition, a nonprofit that fights to preserve Umstead State Park, since the alteration was inconsistent with the basis of the original permit, the alteration violates the law.
WATCH | Umstead Coalition fights against the expansion of rock quarry
Judge to decide if rock quarry near Umstead State Park can expand
The group raised this concern soon after the change was made in 2018. They have been fighting back ever since.
Despite multiple attempts to resolve this matter out of court, the six-year fight led them to the courtroom on Tuesday.
"A long and winding road gets us to the court case we have starting (Tuesday) and we're very excited to be able to share the merits of our case to help protect said state park and the buffers that protect the park," The Umstead Coalition Chair Dr. Jean Spooner told ABC11.
Umstead State Park is roughly 10 miles from downtown Raleigh and offers around 5,000 acres of land for recreation. It's one of the most visited parks in the state, with 2 million visitors each year.
The court case is expected to be heard for several days. There is no set timeline that dictates when the judge will decide.
SEE ALSO | Umstead Coalition believes park border lines are incorrect near quarry site
Umstead park border is incorrect near quarry, advocates say