19941061 Ver 1_COMPLETE FILE_19941116

State of North Carolina
Department of Environment, XF6 WAA
Health and Natural Resources • •
Division of Environmental Management
James B, Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
A, Preston Howard, Jr„ RE., Director
December 6, 1994
Delta Aggregates, Inc.
c/o Alley, Williams, Carmen and King
Mr. Wesley Webb
P.O. Box 1248
Kannapolis, N.C. 28082
Dear Mr. Webb:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed lake dredging
Project # 941061, COE # 199500212
Cleveland County
Attached hereto is a copy of Certification No. 2956 issued to Delta Aggregates, Inc dated
6 December 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r l er. E.
Attachments
wgc2956
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper

NORTH CAROLINA
Cleveland County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Delta Aggregates, Inc in
Cleveland County pursuant to an application filed on the 17th day of November of 1994 to dredge
500,00 cubic yards of sand from Moss Lake to restore lost storage volume.
The Application provides adequate assurance that the discharge of fill material into the waters
of Moss Lake in conjunction with the proposed development in Cleveland County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-
500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction
related discharge (50 NTUs in streams and rivers not designated as trout
waters by DEM; 25 NTUs in all saltwater classes, and all lakes and
reservoirs; 10 NTUs in trout waters).
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. Unless
such demands are made, this Certification shall be final and binding.
This the 601 day of December, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
L ston LHo, Jr.
P??
WQC# 2956
?vtoll"?
9 \°1
G ?J
0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO:
FROM:
John R. Parker, Jr., Inland 404 Coordinator
Division of Coastal Management
Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: December 6, 1994
SUBJECT: U.S. Army Corps of Engineers Public Notice
199500212, Application submitted by Delta
Inc., for a permit to mine sand from Moss
Cleveland County.

No.
Aggregates,
Lake,
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and I conducted a site visit on 14 November 1994.
These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d.).
The applicant proposes to mine sand using a hydraulic dredge
from the western arm of Moss Lake fed by Buffalo Creek beginning
at the old Doran Mills Dam and extending downstream approximately
5800 feet. Sand has been removed periodically by dragline above
the old dam but not downstream of it. The width of the proposed
dredge area would vary from 50 to 200 feet in the upper portion
of the project area to approximately 500 feet at the main body of
the lake. The depth of the proposed excavation would vary from
11 feet below existing bottom in the area upstream of the NC 150
bridge to 15 feet downstream of the bridge to a maximum of 27
feet at the lower limits of the project. These proposed depths
would restore the original bottom contours within the proposed
limits of excavation. Approximately 0.4 acre of herbaceous and
scrub shrub wetlands on the sand delta would be removed; however,
limits have been defined to avoid forested wetlands and shallow
coves. The excavated material would be pumped to a proposed
upland plant site on the lake shore. Hydrocyclones would be used
to dewater the material, sand would be stockpiled and water
directed to a settling pond. Sand would be hauled offsite to be
used for asphalt manufacture or other construction purposes. The
Moss Lake Mine
Page 2 December 6, 1994
purpose of the proposed work is to restore lost storage capacity
in Moss Lake and improve recreational boating access in the upper
portion of the lake.
Moss Lake provides fair habitat for largemouth bass,
sunfish, and hybrid striped bass stocked by the NCWRC. We do not
object to the issuance of this mining permit, provided the
applicant implements the following conditions:
1) Warning signs should be posted where appropriate and all
cable flagged to protect boaters from harm.
2) The following plant species that benefit wildlife by
providing food and cover should be added to the reclamation
plan:
Early spring: Switchgrass 8 lbs/acre
VA 70 shrub lespedeza 20 lbs/acre
Fall: Rye grain 30 lbs/acre
Orchard grass 18 lbs/acre
White clover 5 lbs/acre
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Steve Lund, COE, Asheville
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
__.
BR ?? "? 9 -93 (2
?.;. D oTH
00 ¢- A cars -
r u? To 7ff? Sic ?t/,?G A /?c/??/c._ wP?-te- s "PPty )
%f ??tlv1//JG off" YAA) ol,?--
a 771C 19LIOS _S'oBM 7-7t-D F-> _?c?M ?l
RECEIVED
!?(1V U 1994
ENVIRONMENTAL SCIENCES
2 3 1994
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199500212
November 17, 1994
Delta Aggregates, Incorporated, represented by Alley, Williams, Carmen
and King, Consulting Engineers, Attn: Mr. Wesley Webb, Post Office Box 1248,
Kannapolis, North Carolina, 28082, has applied for a Department of the Army
(DA) permit TO EXCAVATE APPROXIMATELY 500,000 CUBIC YARDS OF ACCUMULATED SAND
FROM THE UPPER 5800 FEET OF MOSS LAKE TO RESTORE LOST STORAGE CAPACITY IN THIS
WATER SUPPLY RESERVOIR FOR THE CITY OF KINGS MOUNTAIN BOTH UPSTEAM AND
DOWNSTREAM OF NC HIGHWAY 150 NORTHEAST OF SHELBY, CLEVELAND COUNTY, NORTH
CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite inspection by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation by hydraulic dredge of the western
arm of Moss Lake fed by the mainstem of Buffalo Creek beginning at the old
Doran Mills Dam and extending downstream approximately 5800 feet. Since the
lake was formed in 1974, an extensive sand delta has developed within this
lake arm that has reduced water depths to no more than 2 feet at normal pool.
Sand has been periodically removed by dragline in the area immediately below
this breached dam for a number of years but no excavation has been
accomplished below this point. The width of the proposed dredge area would
vary from 50 to 200 feet in the upper portion of the project area to
approximately 500 feet at the main body of the lake. The depth of the
proposed excavation would vary from 11 feet below existing bottom in the area
upstream of the NC Highway 150 bridge to 15 feet downstream of the bridge to a
maximum of 27 feet at the lower limits of the project. These proposed depths
would restore the original bottom contours within the proposed limits of
excavation. These limits have been defined to avoid environmentally sensitive
areas such as forested wetlands and shallow coves, however approximatley 0.4
acres of herbaceous and scrub shrub wetlands that have developed on the sand
delta would be removed. The excavated material would be pumped to a proposed
upland plant site on the lake shore. Hydrocyclones would be used to dewater
the material, the sand would be stockpiled and the water directed to a
settling pond. The sand would be hauled offsite to be used for asphalt
manufacture or other construction purposes. The purpose of the proposed work
is to restore lost storage capacity in a water supply reservoir as well as
improve recreational boating access in the upper portion of the lake. It is
anticipated that the proposed work would be ongoing for several years.
Plans showing the proposed work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
2
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to provide notification to the
District Engineer a minimum of 2 weeks prior to commencement of such
maintenance work. All maintenance would be performed in accordance with
Federal, State, and local permits and regulations governing such activities at
the time the maintenance is undertaken. .
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
3
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after January 6, 1995.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, on or before December 9, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
December 16, 1994, or telephone [phone].

1
1

op
1
01 1
J'
I J
I
Q 06u'luo le Rau_mowen ?OCen QC7 bAl. I

S d0 f l , -?,Z° ar ea bd6K v0-91-Q
11>41 01191-4w"4 Elm am w10,11110"
YNM OWV' HDk N "O' GMV' 9A-= M Mt XOS 'Old llTttt JIM "M Alt
X15 11W -? ? S833NION3 ON11"InSNOO
'Qu1)l 31 "U016141011 %U01111M 'AM
i
' bL?RL ! bR-Q -LL, 10TJ1STM U016UTWITM!AP AOX

F
a

O1#:4Duvjg BoH-govsn 4-noo 85z 70d l bl:RL : b8-9 -L!: 10T.l1STM U015UTWITM!IA AnM
{
t
jo0c
Q =(O Z 122K
s 19 YtOfL 'xno?
VNI CY';) NINON ''Oa ONt/IaA2 17 m? xo. ro? MW OM MUM A99
-UIS 9NIH! 2 :Wl Sid S2l33NION3 JNIIIInSNOO
'*u1 'Bul-I T 'uwejr» OtWOHIVR 'A!M
1'J?IfH',? 1511siYH /

/gul f j?(?? .

I ?f1
l ? Ali
K?

hz?/
i

l
i
i
S ?Q J blSrrk? t s .1 !rb-OI-4
?? r??.?-d9j d.).??Q tt4l"'?stV+"OL tteai ?M ?f10fYfprll
f- d7 ? ?.? d? ?7 IWU !OR ^Wd A3X4 IR+11 1UA05 ?
QIIS aNIH gW"i SSOW IJ33NION3 ON11- nSN00
Vl 'CUM V 'uouu c* 'Swolllh? •A911e
s
r6W0WU*4
---
=Lai
SAW
Apftmpoa
?`` -?
OIL ION
w.,
\ 3B 01 flJN
I f l ? ? ? ?
-, S??f
QCL
b/I
Zl!l ouli8 'Bea-govsl f-I 89z VOL l : 9L:Bl 48-0 -ll: 4Dta29t0 UO?aUNITCAG A08
pwi-vf /vu a a" tno
'??V f-U-N I•57i33NiON3 JN SNOB
31JS ?NfW Y'T4f-1 •?t '&n? 'v.u??ov 'vu?trwm •
am INV
r
ow G«? ?7Q
r?
o. AXV
? ,W
IhI
2901
_ r
M. r)Q f
r ? fir,
?.^..?
ajlvw
'?
I?21 ?*,?? ii ?"
£l#.U?ugu9 'Bea-govs t 4-9990 89Z VOL L 9L:6L ; 46-9 -LL: 40TJ49TO u04BUTWIFM:A9 A08
RCV BY:Wilmington District ;11- B-94 13:17 1 704 259 0858 UPCE-Reg, Branch;#14
I
ks?
?r
DPW" UK"
??'? r?aar esouwwer ?\ ??~?'
Wn"N 7W pOl+Itt L 04M - OLLY. 744 J
LHIS OF /iFFE01W MlEA
j 120 ,,
Pftv. ?a

?7 BOUMMY

l' Il l I JI / ?? r
EM d1l•y, Madams, ear nM, & Mnq, Inc. MO-55 LAKE MINE SITE
CONSULTING ENGINEERS CLEVELAND GO, NORTH CAROLINA
3w WIN 1W11 saw M='
DELTA Ac vREOATES, ING.
Lai XM?Mp01I 200 SIA
Q-10-44 1' • 20(x' =w CaIS.?QJ.?S SHEET KJ Cr- J'
i l ? i

NORMAL. POOL. ELEV.I 736.00
ORIGINAL
CWADE
CHANNEL BOTTOM ELEV.p 724.00
TOP OF SANI>ELEV.1 733.00
`7--- T I.I t r f 1 ->o.#" 1• ¦ s1•
NORMAL POOL. ELEV.I M.00
TOP OF SANDELEVo 733.00
r
CHANNEL BOTTOM
ELEV. 1108.00
jECT I QN B-B
w" to • 5t'
ACCUMULATED SAND IS TO BE REMOVED FROM THE'LAKE BED. THE
ORIGINAL CONTOURS OF THE LAKE ARE THE LIMITS OF EXCAVATION,
TYPICAL EXCAVATION CROSS-SECTIONS
a1i?r, %Wulams. eamun, & ktnq. kw.
CONSULTING ENGINEERS LAKE MIME 51TE
a Ml PO. amc lass CLEVELAND CO., NORTH CAROLINA
rcnwl?ro?ex, c nm 7041sm-1616 DELTA , 66RECYATE5, iNG.
1' = 1e c9514t-SA SET 5A OF 5
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 22, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland 1404' Coordinator
SUBJECT: `404' Project Review
k1EN10V 3 01994 WATFR
Qt 1?1 I ?v : ,; ,.
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199500212 dated
November 17, 1994 describing a proposed project by Delta Aggregates, Inc. has been circulated
to interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by December 16, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
LILT - F
.5
1:3 EHNF1
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources 1 XT.19;
o
Division of Coastal Management .?/
James B. Hunt, Jr., Governor C) E H N F 1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 22, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199500212 dated
November 17, 1994 describing a proposed project by Delta Aggregates, Inc. has been circulated
to interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by December 16, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199500212
November 17, 1994
Delta Aggregates, Incorporated, represented by Alley, Williams, Carmen
and King, Consulting Engineers, Attn: Mr. Wesley Webb, Post Office Box 1248,
Kannapolis, North Carolina, 28082, has applied for a Department of the Army
(DA) permit TO EXCAVATE APPROXIMATELY 500,000 CUBIC YARDS OF ACCUMULATED SAND
FROM THE UPPER 5800 FEET OF MOSS LAKE TO RESTORE LOST STORAGE CAPACITY IN THIS
WATER SUPPLY RESERVOIR FOR THE CITY OF KINGS MOUNTAIN BOTH UPSTEAM AND
DOWNSTREAM OF NC HIGHWAY 150 NORTHEAST OF SHELBY, CLEVELAND COUNTY, NORTH
CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite inspection by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation by hydraulic dredge of the western
arm of Moss Lake fed by the mainstem of Buffalo Creek beginning at the old
Doran Mills Dam and extending downstream approximately 5800 feet. Since the
lake was formed in 1974, an extensive sand delta has developed within this
lake arm that has reduced water depths to no more than 2 feet at normal pool.
Sand has been periodically removed by dragline in the area immediately below
this breached dam for a number of years but no excavation has been
accomplished below this point. The width of the proposed dredge area would
vary from 50 to 200 feet in the upper portion of the project area to
approximately 500 feet at the main body of the lake. The depth of the
proposed excavation would vary from 11 feet below existing bottom in the area
upstream of the NC Highway 150 bridge to 15 feet downstream of the bridge to a
maximum of 27 feet at the lower limits of the project. These proposed depths
would restore the original bottom contours within the proposed limits of
excavation. These limits have been defined to avoid environmentally sensitive
areas such as forested wetlands and shallow coves, however approximatley 0.4
acres of herbaceous and scrub shrub wetlands that have developed on the sand
delta would be removed. The excavated material would be pumped to a proposed
upland plant site on the lake shore. Hydrocyclones would be used to dewater
the material, the sapd would be stockpiled and the water directed to a
settling pond. The sand would be hauled offsite to be used for asphalt
manufacture or other construction purposes. The purpose of the proposed work
is to restore lost storage capacity in a water supply reservoir as well as
improve recreational boating access in the upper portion of the lake. It is
anticipated that the proposed work would be ongoing for several years.
Plans showing the proposed work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to provide notification to the
District Engineer a minimum of 2 weeks prior to commencement of such
maintenance work. All maintenance would be performed in accordance with
Federal, State, and local permits and regulations governing such activities at
the time the maintenance is undertaken. .
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
3
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after January 6, 1995.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, on or before December 9, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
December 16, 1994, or telephone [phone].

r
ti
010
1 /
41 op
.-/
t ?
dr,
j
I o,
4 .o
1lf / l
l / 1/1 I ; ; /
oe, o/
t
INDEX 'T
allay, Williams, Comm. & king, Inc. M05 LAKE MINE SITE
CONSULTING ENGINEERS GLEVEL.AMP CO., NORTH CAROLINA
W "m t "aec tanal sorr iw°'l*xr-;ais DELTA A66RE6ATES, INC.
--t?-??c as,rq 5HEET I OF 5
KGv ur:wiimington district ;i1- 8-84 ; 13:14 1 704 258 0858-? U5ACE-Reg, Branch;#10
j
- • / i ? //off ? (1 ? ?,\\??`?- %--r :'"?' ,?? ? ?? ?
i
LIMIT > •,;!!
>7oKVw YARN
MOW LAKE
loo BAPTIST C40;ZH
Wiry. wtluoms6 awrfrn, ? klny, Ino. LAIC MINE SITE
CONSULTING ENGINEERS Mo% W 30M I" scar .o. wx ?I" GLEVIELAI%V CO., NOPI'H CAROLINA
rats, oc tio?/sss-ys,s DELTA A60RE6ATE5, INC.
-irra4 7 = aria?a.? SHizET 2 OF 8
I
f
r, ?
KUV CT-wi imingun uisuicL , f I- 0-V4 10. 10 1 7V4 c?a VoOV- VOnVr.-nny. or an 61] 019
\ /ff
il«
-- 50ApAKY
G "Gil. H it t dip . G S) ? ?'" /
WETLAMMS
NOT TO BE \ ` \
' ?'Xt I3I57l1RBE? \ \
11 X1 km LMT ?? --- -
NOT KoT TO
11
M!mW
aflq?, wMiams. carman, & k1n?, IA4.
CONSULTING ENGINEERS MOSS LAKE MINE SITE
roe MOW WM Srr(a /.o. i ox Ito GLEVELAND CO., NORTH CAROLINA
wrrwoux. ac =M ?anrsa-?a,s DELTA A&SREC7ATES, INC.
gg? 1" = a351a SHEET 5 OF 5

mrm WE a come
?j --- 443WA k /
i
PAYt A DE?F?
j ?
azfR? zxa -W :
?rol?a 'fio
Fgwrr l aV:Y
who ? I
NN.

X111 /I/,
ll?, l l
?11?1 I(
ally, wgliowv , as rr one & kkV, Ma.
CONSULTING ENGINEERS 1''SO`-'r' 1.AKI? MiN? StT?
aorr??>rw?1 Ra Sox INI CLEVELAND CO., NOR1k GARCLINA
iiw?ari, Mo go ?a?,/rse is VELTA AF?6AT 5, INCr.
b-ID-44 1" . 2 Oct 1040 aas1?r SHEET 4 of: 5
4
I?I
?
vi
@ i
l
. 70
pPAW.; 790
LK, "M
sae
RCV BY:Wilmington District ;11- B-94 ; 13:17 ; 1 704 259 0858-o USAGE-Reg, BranCh;914
r
PERM wouNAAWAY
t N AeA aW GONi1t0l. J ) a ?? \
L M'M OF AFFEMW AIWA
FaCRA 120 x"
rx.? ,ray ?? .......,. --...
atTY OM
KINDS wyouKrAIN
{ X11111 f J f f
F.. la
/
LAWS
wa
dl*, wgllan?o, oarw4n, & kl", Inc. CONSULTING ENGINEERS-{ 1-`E MINE SITE
3a ? ? p aox ? 7"e 11-evEl-A D GO., NMTH CAROLINA
?cawl -ftia. »e ? r s?-r?3,s DELTA Aeid R' OATES, ING.
4 1' ?Of7' kt SHEET 5 OF

NORMAL POOL. ELEY. 0 736.00 -1 TOP OF SANIXLEV. 1 733.00
ORIG
GRADE
CHANNEL BOTTOM EL.EY. + 724.00
SECTION A-A
W.#4z 1• * s0•
POOL ELEV. 736.00
TOP 13F SANDELEY.1 733.00
i
I

ORIG
GRADE
CHANNEL BOTTOM
ELEV. i 708.00
SECTION B -B
w" 1•.U;
ACCUMULATED SAND IS TO BE REWNED FROM THE-LAKE BED. THE
ORIGINAL CONTOURS OF THE LAKE ARE THE LIMITS OF EXCAVATION.
TYPICAL EXCAVATION CROSS-SECTIONS
cd*. wfftl ms. aaem*n. & kln0, fnoCONSULTING ENGINQERM055 LAKE MINE 51TE
s? sutnr rrr? ssetxt r o. 8= 12CLEVELAND CO, NORTH CAROLINA
x ?oiis, is asaa 7a1sm-Isis DELTA A66,RECiATE5, INC.
z• _ ?a
T 5A OF 5
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 15, 1994
Action ID No. 199500212
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
9 V I / 6 cd
44f/ft
v' Is
p?
tNCes
Enclosed is the application of Delta Aggregates, Incorporated for
Department of the Army authorization and a State Water Quality Certification
to excavate approximately 500,000 cubic yards of accumulated sand from Moss
Lake to restore water storage capacity for the City of Kings Mountain off NC
Highway 150 northeast of Shelby, Cleveland County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by January 16, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
4tie, eWrig
Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
RCV BY:Wilmington District ;11- 8-94 ; 13:10 1 704 259 0858-+ USAGE-Reg. Branch;# 2
APPUCA71ON FOR DEPARTM6NT OF THE ARMY PERMIT aueAPPROVAL M 4*7104 as
r4 CFR 328) Fdfplrov JO Strpfmbar ISW
Nit mpadng kurdan br lilts fthl cx n al lnbmtrmn l+ esdrpar¦d b awmpr S hats par naPo: for to M** 41CM6, kl ouft the dnw (or ft Awdrq Ins ucions.
aaarding axl@*V dula Marra.. pathakV VW maintalnhp 1* data (wooded, and cwglannp and rartwi 19 Ow coilaadan of fnkrrmanon. Applcadon* fa Isrpsr a man oompte><
P OK0. or ft" en rtiooloplaaly aar"we Now Dowd wo up to rw hours. Send mnW*m momfi g dad widen so*"" or arty other upad of this aolectbn at rdw w bn,
w suppeaio?s for (ertueirAp aria kurdsft, a D.p.rae+K a D.wrw., wtuUtlnpbn watequwtrn swvlo., Dlr4gvrua br Inrnrmatlon aparatlons and Prt>ieces. est6.t4nerson
OW& Nlphway. Sulw 121)4. Arl Onn, VA 2l20 A30t and b ft 01 oe O Waltapanter,t and Budget, Pspwwork Redtxdat Projea (071 o-om). waahl(Agtwr, DC 205M. Pbaaa
DO NW ffMRN tsar OMOWW farm to o4hsr of mass addrwr.a, CaAtplated op$k atfon swat be eubrAM* l to the District E+?okiew havlrq lwfadkak* owr the
k canon of the pull"d
7hi D1Partnwat of eve AmW Past P u' gn n to K*44 pd by Section 19 d do Rivas anil kW bwv Act*( 100. $69kin 404 of tf Ae Clean wawa Aqr and Section 103 of tie a wim,
PmUcllort. A wCh and Sanc w iot A.t. Thaw 4wa rwryirs pony tt a e o wng adkAll" in or aBadlrp naWpabW wawa of to iinked Stltwa, tho dfsdmge of dmdpod a IN
macaw Irtb vabn rtf ow Uniwd Stave. and *0 aaneport ilon of 4r 6 dyed mata(ial for ft pwpow of durapbp 4 Im oosan waters. IMormadon pmVided on care farm will be used
in avs uWng ft q*llawlon for a parmiL InbmWon in" ppllradan Is nesda a matter of public romd #vouch Iaauartoa of a pulft rAOtloe. Dwdoeure a #4 kdonnatlon
mquwted Is vafsalcs,y; himmm. the data W#Aaied we nec o"wy in ordw b QWrr%xdule vdth who appticAVrt and b'avaauaw die pwerlit apoic?. if nee n$" Inbrmauon b
rot PmVidod."P4rmk ApOlcadon nape be pmoeessd not can a pant be Isec W,
Ore notd bdphal dtawho ar goad (produdble gop+ee v "show the location and dwastor of the proposed at*Aty not be attad*d b Na app W*6mi (am smote dnwinps
WA Inetnwtlo(AS) and he aubn*twd to Ow Dtatrid E Vinow hwft *odkdm over the location of nw propo:ad &Wft. An a*kagon nut Is not mt'Voled In fur wa be mwrned.
t. APPLICATION Nl,$0&A (To be aasipred by C&K) 3. NAME. ADDRESS. AND TITLE OF AUTHORIZED AGiNT
` qq l Alley, Williams, Carmen & King, Inc.
1 r P. 0. Box 1248
Kannapolis,,NC 28082
2'. NAME AND ADMESS OF APPUCANT Tetephaw no, during trudness hours
AOC ( ) (peeynw)
Delta Aggregates, Inc. A/c( 704)-94-1515
( ,)
P. 0. Box 12887
Gastonf,a, NC 26052-0100 Statrnwntolauorwaaaon;IharabydeslpnatoandeudtodzO Alley, Willia <
,barmen & Kling„' Inc,__.- gain my
TArlo0wo no. dwirp baafrwsa hates hew tie n01 Word In the 06661% of this pwmk agplkaldat and b lumteh.
upon m4uaet, euppisrtwngi Inbnnatlon in support of the applmdan.
A!C ( ) -- -- (?) Sift TORE OF APPLICANT DATE
Arc( 704)_ 864-5421 lopwe)/F'sl?T
4. DETAILED OESCRIPT" OF PROPOSED ACTfVITY
A& ACTIVITY
The upper reach of Moss Lake will be dredged to remove app;oximatel.y 500,000 cubic
yards of sand that has accumulated thru the years. The project will follow the
original creek channel Of Buffalo Creek for approximately 1.1 miles, starting at the
Old Doran Mill Dam and moving downstream. Approximately 0.4 acres of wetlands will
be removed during the operation. The sand will be removed using a hydraulic dredge.
The sand will be removed to the original contour of the lake bottora at the time the
reservoir was built.
4b. PuRPWI!
The purpose of this activity is to remove the sand to provide additional water
storage for the City of Kings Mountain and to obtain the sand for use as an
aggregate in construction materials.
4e. DISCHARGE OF IMDGED OR FILL MATERML
A hydrauli..c dredge will be used to remove approximately 50Q,000 cubic yards of
sand from the lake bottom. The sand will be pumped to a plant located off SR 2059
Buffalo Church Road where the sand will be removed from the water and sand slurry,
The sand will be stockpiled and then hauled off the rjlte. the water will be tr(aaced
using A settling basin and then returned to the lake.
Fmn PMA AqA 9 CAh 01 MUM OF JAN M 14 OASOLM lPm00ern1: CSCW QR)
RCV BY;Wilmington District ;11- 8-94 ; 13:11 ;
5. N111r S M61 ADDAE9fi8 OF ADJOMNNI3 PROPERTY OWNERS. tEW;S !RE. WHOM
See attached sheet.
a. W4 "'O pY AND 1.OCAUM ON WATER800Y WHERE ACrWITY V*VS oA Is PAQIsoSW
The site is located in the City of Kings Mountain resevoir', Moss bake, and is
near tine highway 150 Bridgq, The dredging area is locatedupstre::am and downstream
of the Highway 150 Bridge.
LOCATXM ON L.AI40 WHERE AonVrTY EXWTS On is PROPOSED
AooRESB: The dredging activity will take place near the llwy 15'0 bridge over Buffalo
Creek and Moss Lake near SR 2069. The Mine site is located off SR 2069
D. FIOure on DESCnWqM LOCA Cleveland NC 28150
(7o tTl1? -' ATE
Cleveland County, The City of Kings Mountain controls the resevoir.
LOCAL LTOVEAPE WffH AW-A8oICTI0r Ov
It. to NW portiow of IM actbuy for which mAttal:aNon in aouoht now caah1*167 ..` U YES 10 No
N 0taww IN -y4a' W.0 rwtOns, month 04 vrw the AC16 ay was eatnphaad. Mhdieato the GNIZI rh{a worts on the tkawinps.
e. Lid aM apprdvala a collika"ons and dWoals received Gan other radwal. 1"1061014. state of kJaw alitartew ao any turuchYae, constructioo. dWuhup" Or olbar
scOWd4r damlod a, 095 appkatlon.
t8611M4 AL3"Y TYPE APPROVAL IDEMMICATM NO. DATE OF APPUGATION DATE Of APPROVAL DATE OF ORNIAL
NCDEIINR-LrQ Mining Permit 9/25/colt
NCDE14NR-DEM NPDES 9/15/94
10. AppMt m*o N htwtahy made kw a pumh or patmlts a authoni the aCll SS d"Oipud hermit. I c&Mly that I tart Iptrt" with IM inlamallm aonltsino In the
1100ketfon. tuhd that to ft bw of My krtowiedpe 0td b of 6trch hdornwtion Is true, camplat0, Mid ac4wato. I ItUdW CAK10y that I poattess the authority to
undwlaMe IM P100O led WAMIiea a W apt acting u the duly sulhorixed spent of the sppkAN.
oe
60"An /--?
-
"
T DATE
a ba Pptkad W must be Soled by the person who desires to underfa * teas proposed aotlvlty (applicant) of it may ere signed by a duly
tapent If the 4Uftnent M bloaA 3 has boon Mao out.* ad signed.
18 U.B.C. Ses1+00 1001 provio" diet Wht ww- in any muWter WW n the MW" W of tang dWanw lu or taperxy ol The WOW Slwee
WawirW end vAMAy kkkiee, gpiSteelt, or amn up by sty Wk. adWne, or dwioa a MOW W ISO or makes any false, haftor,e or *&xU nl
alatalnents or repre9etk9WnS or Iltakee or usm any liaise wribrtp or dtxa noM knowvV aams to owg" any fdse AciONA or
fraudulent alaJafwl or entry, sheM be fined rat nacre Maas $10,000 Or irprWapdd nW more Mien Ow you*, at bgM.
1 704 259 0858.0 USACE-Reg, Branch;# 3
WATERWAY
raewr.c of taro sour 4m)
WOMWA
'U.9.11orvrmw6 PrlMlty t7111rw: 1641 - 6aFt86??o t
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
February 21, 1995
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
?EHNR

In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. No. 199500212 dated November
17, 1994 which describes a project proposal by Delta Aggregates. The project, involving
sediment removal from Moss Lake to improve water supply and recreation for King's Mountain,
is located northeast of Shelby, in Cleveland County.
Based on a coordinated agency review, the state interposes no objectin to the project.
Two of our cooperating agencies submitted substantive comments with their form response.
These comments and the agency submitting each follow:
Division of Environmental Management - for the record, approved the required
Section 401 Water Quality Certification on December 6, 1994. Certification No.
2956 provides the standard turbidity standard;
Wildlife Resources Commission - found Moss Lake to provide "fair habitat" for
bass, sunfish and hybrid striped bass. The Commission does not object to the
project provided these conditions are made a part of the permit:
1) Warning signs should be posted where appropriate and all cable
flagged to protect boaters from harm.
2) The following plant species that benefit wildlife by providing food
and cover should be added to the reclamation plan:
Early spring: Switchgrass 8 lbs/acre
VA 70 shrub lespedeza 20 lbs/acre
Fall: Rye grain 30 lbs/acre
Orchard grass 18 lbs/acre
White clover 5 lbs/acre
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Dr. G. Wayne Wright
Page 2
February 21, 1995
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely,
R. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management 1/
COE--Asheville