HomeMy WebLinkAbout20231031_SAW-2023-01655_NWP16 U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-01655 County: Polk
GENERAL PERMIT(REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: Ameri-CON Materials
Attn: Jason Deck
Address: 2554 Deep Gap Farm Road
Mill Spring,North Carolina 28756
Telephone Number: (828)817-0544
Location description: The proposed project is located along the north side of the Green River at a listed address of
480 Palmer Road in Mill Spring,Polk County,North Carolina. The approximate latitude of 35.326820 and
longitude of-82.240780,and is identified as Polk County Parcel No.P55-571.
Description of projects area and activity: The proposed project consists of commencement of a dredge sand mining
operation within the Green River. The activity associated with this mining operation that requires verification is
the pipe and the return water from the upland disposal dewaterinz
Per communication with the North Carolina Wildlife Resources Commission on October 3,2023,no wild trout
would be impacted by the proposed project. Therefore,the trout moratorium has been waived.
Applicable Law: ® Section 404(Clean Water Act, 33 USC 1344)
❑ Section 10(Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number:
Nationwide Permit 16—Return Water from Upland Contained Disposal Areas
SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted application and attached information dated August 16,2023 and
subsequent documentation on September 30,2023.Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative
penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general
permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide
and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the
expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the
nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced
(i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general
permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or
regional general permit's expiration,modification or revocation,unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401
requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management
in Morehead City,NC,at(252) 808-2808.
2
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory
program,please contact Brooke Davis at 828-271-7980, ext.4232 or brooke.a.davis@usace.army.mil.
Corps Regulatory Official: Lkr��
Date: October 3 2023
Brooke Davis
Expiration Date of Verification: March 14,2026
Copies Furnished(via email :Furnished(via email
Ronald Walker, S&ME, Inc.
Andrew Moore,North Carolina Division of Water Resources
Andrea Leslie,North Carolina Wildlife Resources Commission
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LEGEND
* wr _ BOUNDARY OF MINE
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° PARENT PARCEL PROPERTY LINE
ADJACENT PROPERTY LINE
- APPROX. STREAM CENTER LINE
PROPOSED CUL VER T
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PROPOSED SEDIMENT POND
GUARDRAIL
r , WETLANDS AREA >
OPEN WATER
• • • • • • . FEMA ZONE AE BOUNDARY "
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SOURCE:
1 . BACKGROUND IMAGERY PROVIDED BY AUTODESK.
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�\ 2. PARCEL DATA, LIDAR DATA, TOPOGRAPHIC CONTOURS, SITE m o
E BOUNDARIES AND BASE FLOOD ELEVATIONS PROVIDED BY a
QUIBBLE AND ASSOCIATES BASED ON COUNTY GIS DATA.
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{ • 3. THE ENTIRE PARCEL IS LOCATED WITHIN THE POLK COUNTY a
• 100—YEAR NO ENCROACHMENT FLOOD HAZARD AREA. POLK
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- COUNTY FLOODPLAIN DEVELOPMENT PERMIT 2023-01 WAS °C
ISSUED ON 2/2/2023.
NOTES:
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• • : • 1 ALL EQUIPMENT, BUILDINGS AND RESIDUAL MATERIAL WILL BE M W
/ REMOVED FROM THE SITE DURING RECLAMATION. THE SITE co o
Q WILL BE PREPARED USING A DISC TRACTOR, LIMED AND 61
FERTILIZED AS APPROPRIATE, AND THEN SEEDED WITH A
U3 \, i - MIXTURE OF GRASSES AS SPECIFIED IN SECTION D.7 OF THE °z
r I '• • : • MINING PERMIT APPLICATION. THE ACCESS ROAD WILL REMAIN
IN PLACE TO PROVIDE ACCESS FOR RECREATIONAL ACTIVITIES
En • • AT THE MINE LOCATION. THERE WILL BE NO CONTAMINANTS,
• WASTE SOILS OR TAILINGS ASSOCIATED WITH THE
• • RECLAMATION ACTIVITIES. THE ON—SITE POND WILL BE FILLED
�j : • TO GRADE WITH MATERIALS FROM ON—SITE STOCKPILES. Lu
rt i 2. SITE IS LOCATED WITHIN POLK COUNTY PARCEL NUMBERS z r-
_ P55-571 WHICH CONSISTS OF APPROXIMATELY 18.67 ACRES. U
THE MINE WILL CONSIST OF APPROXIMATELY 5 ACRES W z
(INCLUDING BUFFER AREAS) ON—SHORE AND AN ADDITIONAL 5 o }
o ACRES OF MINING AREA WITHIN THE GREEN RIVER. O z
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Q • ` 3. MINIMUM 50' BUFFER FROM MINING OPERATIONS PROVIDED FOR 0 JLu U
• GREEN RIVER, BRIGHTS CREEK AND ADJACENT WETLANDS Q 2 J
CD AREAS. MINIMUM 25' BUFFER WILL BE MAINTAINED FROM u u; < O
1�1N s ROADS, PROPERTY BOUNDARIES AND MINING BOUNDARIES. Q < C
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4. THIS DRAWING IS FOR REGULATORY REVIEW USE ONLY AND
SHOULD NOT BE USED FOR CONSTRUCTION. v,
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4226-20-041
0 50 100 150 EXHIBIT NUMBER
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GRAPHIC SCALE (IN FEET)
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PIN: P54-165
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POLK COUNTY
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LEGEND
BOUNDARY OF MINE
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MOUNTAIN VIEW RANCH LLC . -
1 PIN. P55-534 = 1 1 . BACKGROUND IMAGERY PROVIDED BY AUTODESK.
- •% ACRES.• 20.83 �
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2. PARCEL DATA, LIDAR DATA, TOPOGRAPHIC CONTOURS, SITE
_ '- •1 -� � . . .� � ■�
BOUNDARIES AND BASE FLOOD ELEVATIONS PROVIDED BY
QUIBBLE AND ASSOCIATES BASED ON COUNTY GIS DATA. N a
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g _ • • 3. THE ENTIRE PARCEL IS LOCATED WITHIN THE POLK COUNTY
' 100-YEAR NO ENCROACHMENT FLOOD HAZARD AREA. POLK o
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COUNTY FLOODPLAIN DEVELOPMENT PERMIT 2023-01 WAS z
ISSUED ON 2/2/2023.
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'� ■ CANNA VINO, DAMES A ET UX, GARCIA, ELMA; .• • NOTES:
& CIO GHIRARD0 CPA .
PIN: P55-453 1 . THE PROPOSED SITE WILL BE A SAND MINE THAT USES Lu_
u _ _ ACRES.• 59.80 t - - DREDGING AS ITS PRIMARY MODE OF OPERATION FOR THE "' Ln
Lu REMOVAL OF SAND FROM THE GREEN RIVER. PUMPING WILL W z_ 00
BE PERFORMED APPROXIMATELY 1 ,500' UPSTREAM AND 1 ,500' u
' DOWNSTREAM OF THE PLANT LOCATION. THE SUBSTRATE W w o z
o _ MATERIAL IS PUMPED TO THE ON-SHORE PROCESSING PLANT W o Q
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_ N/F RETURNED TO THE RIVER AFTER TREATMENT BY THE °C 0
Q MOUNTAIN VIEW RANCH LLC SEDIMENT POND. Q
For PIN: P55-533 0 E J
'• ACRES.• 10. 16 _i 2. SITE IS LOCATED WITHIN POLK COUNTY PARCEL NUMBERS a
N _ � i P55-571 WHICH CONSISTS OF APPROXIMATELY 18.67 ACRES. a C)
N •' '�' � THE MINE WILL CONSIST OF APPROXIMATELY 5 ACRES00
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• (INCLUDING BUFFER AREAS) ON-SHORE AND AN ADDITIONAL p
-5 ACRES OF MINING AREA WITHIN THE GREEN RIVER. W
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_ n 3. MINIMUM 50' BUFFER FROM MINING OPERATIONS PROVIDED FOR
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GREEN RIVER, BRIGHTS CREEK AND ADJACENT WETLANDS Q
' �* '-� y AREAS. MINIMUM 25' BUFFER WILL BE MAINTAINED FROM
, � ROADS, PROPERTY BOUNDARIES AND MINING BOUNDARIES.
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- '. •� _=_1; _ 4. THIS DRAWING IS FOR REGULATORY REVIEW USE ONLY AND
` _ , �'. �• SHOULD NOT BE USED FOR CONSTRUCTION. PROJECT NUMBER
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•: _ F _# ,F 4226-20-041
1 +L`■ � 0 100 200 300 DRAWING NUMBER
• 7A
GRAPHIC SCALE (IN FEET)
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HA7l£Y,LLOMEr ALL;
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HAREM L HEIRS �
PN..•P54-163
ACRES•9.14
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PlN P55-453 /• �
ACRES 59.80 '
BOUNDARY OF MINE
— — — SUBJECT PROPERTY LINE
ADJACENT PROPERTY LINE z
APPROX. STREAM CENTER LINE Q
c PROPOSED CULVERT Z
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a - NORM NORA HULL / - PROPOSED SEDIMENT POND Ln
; PAk P54-165
_ - ACRES 20.10
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- NIF BUFFER Q
NORMN NORA HWl W
} 22.90 C_:3 WETLANDS AREA Q
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SOURCE: U a N
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.� R _ 1. BACKGROUND IMAGERY PROVIDED BY AUTODESK. z
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2. PARCEL DATA, LIDAR DATA, TOPOGRAPHIC CONTOURS, SITE
BOUNDARIES AND BASE FLOOD ELEVATIONS PROVIDED BY Q
QUIBBLE AND ASSOCIATES BASED ON COUNTY GIS DATA. w
L� 3. THE ENTIRE PARCEL IS LOCATED WITHIN THE POLK COUNTY Q
100-YEAR NO ENCROACHMENT FLOOD HAZARD AREA
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1. THE PROPOSED SITE WILL BE A SAND MINE THAT USES w
DREDGING AS ITS PRIMARY MODE OF OPERATION FOR THEAd Q
REMOVAL OF SAND FROM THE GREEN RIVER. THE SUBSTRATE
z Y { MATERIAL IS PUMPED TO THE SHORE, SCREENED AND SORTED
WITH THE WATER BEING RETURNED TO THE RIVER. THE
MauNraN WRANcwuc MINING EQUIPMENT IS PORTABLE AND NO PERMANENT
v - -- PbV.•P55-534
a ACRES MY STRUCTURES ARE PROPOSED TO BE LOCATED AT THE MINE
SITE WITH THE EXCEPTION OF UTIITY POLES AND SMALL
CANNA 14N0,"ES A Er UX GARaA,ELMA;
`• c/D GHRARDO LPA d CONCRETE FOUNDATIONS.
N PIN.•P55-453
N AQES-59.80 � 2. SITE IS LOCATED WITHIN POLK COUNTY PARCEL NUMBERS
P55-571 WHICH CONSISTS OF APPROXIMATELY 18.67 ACRES.
THE MINE WILL CONSIST OF APPROXIMATELY 2.5 ACRES. SCALE:
a 4 3. MINIMUM 50' BUFFER FROM MINING OPERATIONS PROVIDED FOR AS SHOWN
GREEN RIVER, BRIGHTS CREEK AND ADJACENT WETLANDS
AREAS. DATE:
7-19-23
'• ' ' 4. THIS DRAWING IS FOR REGULATORY REVIEW USE ONLY AND
* SHOULD NOT BE USED FOR CONSTRUCTION. PROJECT NUMBER
a MOUNTAN l W RANai LLC 4226-20-041
5. DESIGN AND DETAILS FOR SEDIMENT POND SHOWN IN
3 N� A Pais SEPARATE SUBMITTAL. EXHIBIT NO.
`0 BRAND,MAX L
AWs Zoe w 0 200 400
IF
vwEarwsuc GRAPHIC SCALE (IN FEET)
PIN.-P55-525
ACRES 1256
i
IMI �
WET SEDIMENT BASIN SECTIONAL VIEW
SAFETY FENCE
(ALONG PERIMETER
(AS NECESSARY)
STORMWATER
BASIN LENGTH - 96' RUNOFF W
-y-�pc��
z
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EMERGENCY SPILLWAY 9 � 1 PERMANENT WATER SURFACE ELEVATION - BASIN INLET z Z_
(SEE DETAIL) F-Tt ---- a
- z� 2.5
® ______ 5'- CLEANOUT
_ -- PRINCIPLE fi 4 , r l U
-----------BARREL SPILLWAY MARK W a O
2' r Q z
2' BARREL SLOPE 17---------- t- z
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------- - CLEANOUT ' IP-RAP STABILIZATION W-
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RIVER BASIN BOTTOM SLOPE (0.5% MIN.) STAKE A � na-
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EMERGENCY SPILLWAY DETAIL W
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---RIP-RAP, 10-INCH D50
CARO<
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o - -GEOTEXTILE FABRIC oP /�9
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�, 1=11 I^ �� l 1�! SPILLWAY WIDTH SCALE:
M I 2-
I NONE
DATE:
-��I_,�Il�lllll�lllfl��1111�1111,=1111 I 11111 I 111111�1=1�1Il I IE-i 06-02-2023
PROJECT NUMBER
FOPERMITTING ONLY. 4226-20-041RO FIGURE NO.NR CONSTRUCTION.
1
WET SEDIMENT BASIN PLAN VIEW
� a
r- MAINTENANCE ACCESS
(AS NECESSARY) I
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i I ��N CAR pZ/
JQ�otF SSroy �9
! K.AL yr
-- —————— ———
BOTTOM WIDTH OSIN BASIN WIDTH
46' - -- -I-- - - WARD QF'
w z
EMERGENCY SPILLWAY- - w
I SAFETY FENCE � �
z O
(AS NECESSARY) a 2 Q
_. -- - - -
w V
BOTTOM BASIN Q o O
LENGTH 60' FOR PERMITTING ONLY. Z
BASIN LENGTH tl) V a Z
NOT FOR CONSTRUCTION. Q Q
� Q V
Z
WET SEDIMENT BASIN - GENERAL NOTES WET SEDIMENT BASIN - INSPECTION AND MAINTENANCE 2 00
z
9 1 . Sediment basins should not be placed in Waters of the State or USGS blue-line 1 . The key to a functional sediment .basin is weekly inspections, routine � O Z
streams (unless approved by Federal Authorities). maintenance, and regular sediment removal. z CL
3 W w
2. Attention to sediment accumulations within the basin is extremely important. L^
2. Sediment basin's side slopes shall be seeded and, when necessary, stabilized with
� Accumulated sediment deposition should be continually checked and removed A �
vegetative or synthetic matting to prevent the formation of rills and gullies.
when necessary. W
CA
3. Porous Baffles should be composed of coir-based materials or TRMs with a light
� penetration (open spaces) between 10-35%. These materials should not have loose 3- Remove accumulated sediment� when it reaches 50% of the design sediment
straw. Silt Fence may not be used as Porous Baffles. storage volume or 1/2 the height of the riser structure,
whichever is reached first.
4. Install skimmer and coupling (as necessary) to riser structure at orifice along 4. Removed sediment from the basin shall be placed in stockpile storage
bottom of the principle spillway's riser structure. (Refer to skimmer manufacturer areas or spread thinly across he disturbed area. Stabilize the removed
for installation procedures and skimmer specifications.) sediment after it .is relocoted.
5. Skimmer should be equipped with a mechanism, such as a rope, to allow easy 5. Inspections of sediment basins should be conducted once every calendar
access to skimmer to unclogged orifice or perform other necessary maintenance. week and, as recommended, within 24-hours of each rainfall event that SCALE:
produces -inch or more of precipitation. NONE
6. Stormwater runoff entering the basin must be directed into proper BMPs to
prevent erosion along side slopes and to prevent scour at the basin's inlets. DATE:
N p g p p 6. All temporary sediment basins, which are not to be converted to a 06-02-2023
detention basin post—construction, should be removed within 30 days PROJECT NUMBER
7. An additional cleanout stake for the foreboy area is recommended and should be after final site stabilization is achieved.
a marked for cleanout at 50% of provided sediment storage. 4226-20-041
7. Disturbed areas resulting from the removal of the sediment basin should be FIGURE NO.
8. The elevation of the emergency spillway should be at least 1 foot below the top permanently stabilized and additional BMPs, such as silt fence, should be
of the embankment. The emergency spillway should not be located on fill material, utilized to accept stormwater runoff from this disturbed area until final A
when possible. Riprop and geotextile liner should be placed on all spillways that stabilization is reached. L
must be located on fill material.
Action ID Number: SAW-2023-01655 County: Polk
Permittee: Ameri-CON Materials
Attn: Jason Deck
Project Name: Lake Adger San Mine/Ameri-CON Materials
Date Verification Issued: October 3,2023
Project Manager: Brooke Davis
Upon completion of the activity authorized by this permit and any mitigation required by the permit,sign this
certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Brooke Davis
Asheville Field Office
151 Patton Avenue,Room 208
Asheville,NC 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps of Engineers
representative. Failure to comply with any terms or conditions of this authorization may result in the Corps
suspending,modifying or revoking the authorization and/or issuing a Class I administrative penalty,or initiating
other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with
the terms and condition of the said permit, and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date