19970290 Ver 1_Complete File_19970424

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Water Quality
James Hunt, Governor p E H N�
Jonathan B. Howes, s, Secretary
A. Preston Howard, Jr., P.E., Director
April 24, 1997
Alamance County
DWQ Project # 970290
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Forrest Wiseman
Luck Stone Corp.
P.O. Box 29682
Richmond, VA 23229
Dear Mr. Wiseman:
You have our approval, in accordance with the attached conditions and those listed below, to 400 linear
feet of waters for the purpose of constructing a perimeter berm at Luck Stone Quarry, as you described in your
application dated 25 March 1997. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3108. This certification allows you to use Nationwide
Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. An adequately sized fore bay shall be constructed and maintained inside the berm to filter particulates.
A twenty five foot buffer of natural vegetation shall be maintained along the perennial stream adjacent to the
berm on your property. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non - Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919- 733 -1786.
Sincerely,
11!n 1'w , Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston -Salem DWQ Regional Office
Mr. John Dorney
Central Files
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled /10% post consumer paper

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U.S. ARMY CORPS OF ENGINE
WILMINGTON DISTRICT O
Action ID. 199504950 Countv Alamance :OAr�
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Agent Luck Stone Comoration c/o Mr. Forrest Wiseman
Address Post Office Box 29682. Richmond. Virginia 23229
Telephone No. 804 784 -6300
Size and Location of project (waterway, road name /number, town, etc.) Luck Stone
Corporation auarry operation located southwest of the intersection of S.R. 1752 and NC HWY
49. adiacent to an unnamed above headwaters tributary of Boyd's Creek. near Haw River. in.
Alamance County. North Carolina.
Description of Activity
Proposed construction of an overburden berm from materials generated from the quarry
operations that would impact approximately 400 linear feet (0.06 acres) of an unnamed above
headwaters iurisdictional tributary of Boyd's Creek.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
NWP 26 Nationwide Permit Number.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional GeneraVNationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal, State, or
local approvals /permits. The permittee may need to contact appropriate State and local agencies
before beginning work.
Regulatory Project Manager Signature 2-
Date April 17. 1997 Expiration Ddte April 17. 1999
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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MEMORANDUM PRINT NAMES:
Reviewer: E-
00: JOHN DORNEY WQ SUPV. : —�& i
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS 1�991
2
*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) * *
PERMIT YR: 97 PERMIT NO: 0000290 COUNTY: ALAMANCE
APPLICANT NAME: LUCK STONE CORP. FACILITY
PROJECT _TYPE: QUARRY EXPANSION PERMIT TYPE:
COE #: DOT #:
RCD_ FROM _CDA: APP DATE_FRM_CDA: 03/31/97
REG OFFICE: WSRO
ZIVER AND SUB BASIN J: 030602 STR INDEX N0: 16 -16
STREAM CLASS: C
i
WL_IMPACT? : YX@ cs A�_ �o �Ov f ��a _TYPE: IIJ)I.iT/�
WL_REQUESTED:
0
WI, _ACR_EST ?:
Y/N /),fk/
WL_SCORE M :
� 1
WATER IMPACTED BY FILL ?:
0"N
MITIGATION ?:
Y/VI�
MITIGATION_TYPE:
A"+
MITIGATION_SIZE:
/llA
DID YOU REQUEST MORE INFO ?:
Y No
IS WETLAND RATING SHEET ATTACHED ?: Y /6T)
HAVE PROJECT
CHANGES /CONDITIONS
BEEN DISCUSSED WITH APPLICANT ?: Y/N
RECOMMENDATION (Circle One): ISSUE ILSSUEJCOND> DENY
COMMENTS i kJ
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fin\ r„ L 1-.�.- `�Ss S. �STv gal
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c : Regional Office
Central Files

ENGINEERING CONSULTING SERVICES, LTD.
Geotechnical • Construction Materials • Environmental
Mr. John Dorsey
Division of Environmental Management
North Carolina Department of Environment, Health
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Subject: Application for Section 401 Certification
Luck Stone Corporation Facility
1666 North NC 49
Haw River, Alamance County, North Carolina
ECS, Ltd. Project G -1427
Dear Mr. Dorsey:
March 25, 1997
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Enclosed please find seven copies of the Pre - Construction Notification for the above referenced
site. The boundaries of the jurisdictional waters were delineated at the site in July 1995. The
boundaries were verified by Ms. Jean Manuele of the United States Army Corps of Engineers on
August 15, 1995 and are depicted on the attached drawings.
Luck Stone is planning to construct a berm using overburden material generated by their quarry
operation. The proposed construction will impact approximately 400 feet of a tributary of
Boyd's Creek. The proposed development is shown on the attached drawing.
We have contacted the USFWS regarding the presence of endangered and threatened species in
the vicinity of the site. We were informed in a telephone conversation with a representative of
the USFWS that there are no endangered or threatened species in the site area. We have also
contacted the SHPO regarding the presence of historic properties in the vicinity of the site. The
SHPO was not aware of properties having historic significance in the site area. The SHPO
response is attached.
We are requesting a Section 401 Certification for the proposed impact to approximately 400
linear feet of a tributary of Boyd's Creek. Please feel free to contact me at (910) 856 -7150 if you
have any questions concerning this request or if additional information is required. Thank you in
advance for you timely consideration of this matter.
Sincerely,
ENGINEERING CONSULTING SERVICES, LTD.
,a- - , -Ie�
Denise M. Poulos, CPSSc
Principal Environmental Scientist
Attachments: Pre - Construction Notification Application
5 -C Dundas Circle, Greensboro, NC 27407 • (910) 856 -7150 • Fax [phone]
Offices: Washington, DC; Baltimore, MD; Frederick, MD; Richmond, VA; Norfolk, VA; Fredericksburg, VA; Danville, VA;
Raleigh/Durham, NC; Wilmington, NC; Charlotte, NC; Greensboro, NC

OEM ID: 97 0 2 0 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) :
PRE- CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGnMr— S
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGZXENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET) . SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: LUG, .S TONE Co 2�C�,eAT'in,�
2. MAILING ADDRESS: _!1n
P'o. ,QnX SUBDIVISION NAME:
CITY: STATE: ZIP CODE: jz'L3_i4A
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : 16(,( IVOerA NC 99
Y19tJ P /uE,P .N. C 74- S--
3. TELEPHONE NUMBER (HOME) : (WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
J
,C--C 7y0
J
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: 4z,#1rI,,5z1fICE NEAREST TOWN OR CITY: f}�G.) eI U�rP
1

,SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
%hF_ �2oT ,- l7 .51 ThE
�, >���� SR /75- - IVLOV y9
6. IMPACTED OR NEAREST STREAM /RIVER:
RIVER BASIN: U"!Ex'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS -I OR WS -II)? YES [ ] NO [ IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO r
7c. IF THE PROJECT IS LOCATED WITHIN A "COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMI S BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO k IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES X NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER
9b. ESTIMATED TOTAL NUMBER
OF ACRES IN TRACT OF LAND: /On�cf
OF ACRES OF WETLANDS \LOCATED ON PROJECT SITE:
F_ T
67), D%
2

9
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
• DRAINAGE: TOTAL ACRES TO BE IMPACTED: // If 94c-
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION :
LENGTH BEFORE: <lnn F
FT A
AFTER: F
F'3'
WIDTH BEFORE (based on normal high w
water c
contours): S
S_ FT
WIDTH AFTER: —5'.—'A=,+v 7 Cii�A.YVE1 "
"")VIZ
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM /FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
0116,e ZJeL ,F,y />'I�TE,�i�/ r-�. ti .Pi9-rE� �
13. PURPOSE OF PROPOSED WORK: TO l l ,i 0j/EA 1-
..C�ic� /Y1�T�e /�� GE�[>E T� R� Tfi,E e;2C>1feev
3

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS)
-J % h E ,� i r I Sl— % E
7.77
/ftE2E i¢v, /Ui3 x/U h� ,P !9 T/c'iRI�T
J
15. YOU ARE-REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE-PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED-PROJECT. DATE
CONTACTED: l /197 (ATTACH RESPONSES
FROM THESE AGENCIES.) J
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
­
PROJECT. DATE CONTACTED:' i- F,�U19 a l /99 %
J
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [j NO A (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ ] -
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [J NO C
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603 -8003, TELEPHONE [phone].
4

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
291 AND 38) . ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Gocze' s iitV F" figC�Gir J Gc2z�a
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3 ) ( IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION.OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S /AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
- //¢q�
DATE

02/03 -'9i XON 15:09 FAX [phone] AKCK INC Cdj005
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: County. C P,.
Notification of Jurisdictional Determination
Property owner /Authorized Agent "C C "'O. `--•Q
Address C : k
Tblcphone Number la \n1
Size and Location of Property(waterbody, Hi bway name/number, town, etc.)
y,Z , Ac iao u e n a r
r
Indicate Which of the following apply:
QX
There are wetlands on the above der►bed ro ' which we strong__ � su ould be delineated and
surveyed. The surveVe we lines must be vent icd-by our staff before the Corps will make a final
jurisdictional determination on your propera.
• Because of the size of your property and cur present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a
more timely delineation of the wetlands. Once your consultant has flagged a wetland line on the property,
Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for
final approval by the Corps. The Corps will not make a final jurisdictional determination on your property
without an approved survey.
✓. The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon For a period not to exceed years from the date of this notification.
,,, a..
" There are no wetlands present on the above described property which. are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed three years
from the date of this notification.
The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management'to determine their requirements.
Placement of dredged or fill material in wetlands nn this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A pennit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
Property owner /Authorized Agent Signature
Project Manager Signatur a r. ti
Date �� „ y , �� L q Expiration Date
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
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l Source: USGS Topographic Map, Figure 1
urlington NE Quadrangle Dated 1969 and LTD
Mebane Quadrangle Dated 1969 &
Photorevised 1994 — Site Location Map
Luck Stone
Scale: F'= 2000' ENGINEERING Haw River, North Carolina
CONSULTING ECS, Ltd. Project G -1427
SERVICES,LTD

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North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
March 21, 1997
Denise M. Poulos, CPSSc
Senior Environmental Scientist
Engineering Consulting Services, Ltd.
5 -C Dundas Circle
Greensboro, NO 27407
Re: 100 -acre site, Haw River, Alamance County,
ECS Project G -1427, ER 97 -8683
Dear Ms. Poulos:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your letter of February 21, 1997, concerning the above project.
We have conducted a review of the project and are aware of no properties of
architectural, historic, or archaeological significance which would be affected by the
project. Therefore, we have no comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill - Earley, environmental
review coordinator, at 919/733 -4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
109 East Jones Street • Raleigh, North Carolina 27601 -2807 S QV