Loading...
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 n ii � • T r I - 301 ZIMA PARK DRIVE SPARTANBURG,SC 29301 T � � (864)574-2360 44 46 N 1 + i 1 - op pr t # I - - - Pi + d 4p wow %L • • f LEGEND * wr _ BOUNDARY OF MINE 'l ° PARENT PARCEL PROPERTY LINE ADJACENT PROPERTY LINE - APPROX. STREAM CENTER LINE PROPOSED CUL VER T I _ I PROPOSED SEDIMENT POND GUARDRAIL r , WETLANDS AREA > OPEN WATER • • • • • • . FEMA ZONE AE BOUNDARY " J } 0. - L 2 SOURCE: 1 . BACKGROUND IMAGERY PROVIDED BY AUTODESK. n ; IF � �\ 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. O W { • 3. THE ENTIRE PARCEL IS LOCATED WITHIN THE POLK COUNTY a • 100—YEAR NO ENCROACHMENT FLOOD HAZARD AREA. POLK ui W v - COUNTY FLOODPLAIN DEVELOPMENT PERMIT 2023-01 WAS °C ISSUED ON 2/2/2023. NOTES: v _ ° • • : • 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 y Q C'� S O 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 N CD Z 4. THIS DRAWING IS FOR REGULATORY REVIEW USE ONLY AND SHOULD NOT BE USED FOR CONSTRUCTION. v, U W cl� CD Lu r l7 - z - Q PROJECT NUMBER 4226-20-041 0 50 100 150 EXHIBIT NUMBER • . - or GRAPHIC SCALE (IN FEET) A i _ - Y- ,It L ' ' ••16 r• ol ,•� ' 1 �� r ti , ti •• 301 ZIMA PARK DRIVE 4. orSPAR ti 1 _ T,� t M 1� III r ` _ 1 r _z .. .. (S 4B URG,SC 29301 574 2360 li _ 1 N/F �• NOR TON NORA HULL \` PIN: P54-165 A CRES• 20. 10 } = NIF - - NOR TON NORA HULL - • + �- • il • L ' PIN: P54-166 ACRES• 2.90 �'= x •r• L, ' 1 NIF NOR TON NORA HULL PIN: P54-167 - A CRES.• 5.32 .d 16. POLK COUNTY PIN: P55-571 J 1' 1• . 1 Air ■ L - H - ' 8 • 18.7 ACRES LEGEND BOUNDARY OF MINE > PARENT PARCEL PROPERTY LINE a ADJACENT PROPERTY LINE Y � u . 1- --•-• '• • r -• • of V T+ APPROX. STREAM CENTER LINE } 0 PROPOSED CUL VER T E LI ■ - f •. • •. ��� PROPOSED SEDIMENT POND 4k • -�� GUARDRAIL • f _ - IN-STREAM MINING AREA ILI 1' • + IL , _ ■' ON-SHORE MINING AREA (INCLUDING BUFFERS) o a _ • �� • • -� I. • • '� V a • i �IIII • ' 4 PROPOSED SILT FENCE/LIMI T OF DISTURBANCE o 7 *� • V) C / • • 7 ._ a 0 • �'# ��ff , • . • .. NIF - SOURCE: MOUNTAIN VIEW RANCH LLC . - 1 PIN. P55-534 = 1 1 . BACKGROUND IMAGERY PROVIDED BY AUTODESK. - •% ACRES.• 20.83 � ' • ' 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 f o g _ • • 3. THE ENTIRE PARCEL IS LOCATED WITHIN THE POLK COUNTY ' 100-YEAR NO ENCROACHMENT FLOOD HAZARD AREA. POLK o 0 COUNTY FLOODPLAIN DEVELOPMENT PERMIT 2023-01 WAS z ISSUED ON 2/2/2023. A 0 N F '� ■ 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 ', -� WHERE IT IS SCREENED AND SORTED WITH THE WATER BEING Q O z _ 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 z • (INCLUDING BUFFER AREAS) ON-SHORE AND AN ADDITIONAL p -5 ACRES OF MINING AREA WITHIN THE GREEN RIVER. W Lu CD _ n 3. MINIMUM 50' BUFFER FROM MINING OPERATIONS PROVIDED FOR a r ■ 1 1 r GREEN RIVER, BRIGHTS CREEK AND ADJACENT WETLANDS Q ' �* '-� y AREAS. MINIMUM 25' BUFFER WILL BE MAINTAINED FROM , � ROADS, PROPERTY BOUNDARIES AND MINING BOUNDARIES. a - - '. •� _=_1; _ 4. THIS DRAWING IS FOR REGULATORY REVIEW USE ONLY AND ` _ , �'. �• SHOULD NOT BE USED FOR CONSTRUCTION. PROJECT NUMBER o + 1 _ •: _ F _# ,F 4226-20-041 1 +L`■ � 0 100 200 300 DRAWING NUMBER • 7A GRAPHIC SCALE (IN FEET) T HA7l£Y,LLOMEr ALL; dPENE T //, • �` • HAREM L HEIRS � PN..•P54-163 ACRES•9.14 - y - N JAMES A ET UX,•GARLYA ELMA; C/0 CNIRARDD CPA 1 - - - 9 - 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 ' 1 N/F a - NORM NORA HULL / - PROPOSED SEDIMENT POND Ln ; PAk P54-165 _ - ACRES 20.10 ' T w C3-- GUARDRAIL l7 Y - NIF BUFFER Q NORMN NORA HWl W } 22.90 C_:3 WETLANDS AREA Q s •` OPEN WATER a0 00 NDRrUH"H�agAHULL ----- FEMA ZONE AE BOUNDARY Q� p a Z a PIN.P54-167 - ' c 0[ v c ALRES O L cu G Z SOURCE: U a N Cn .� R _ 1. BACKGROUND IMAGERY PROVIDED BY AUTODESK. z o Ln 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 r + Z • r '�' /A� � NOTES: U ildaf 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 �, w 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 Z ------- - CLEANOUT ' IP-RAP STABILIZATION W- O a RIVER BASIN BOTTOM SLOPE (0.5% MIN.) STAKE A � na- J z 2 -j co - z r O z 3 Ey u, v� z N � W a En a �1 EMERGENCY SPILLWAY DETAIL W ran ---RIP-RAP, 10-INCH D50 CARO< �N aS/ o - -GEOTEXTILE FABRIC oP /�9 a EAL { SVV �, 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 I ; 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