20240709_404 - SAW-2022-00807

DEPARTMENT OF THE ARMY
r WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
February 22, 2024
Regulatory Division
Action ID: SAW-2020-00807
Mr. Tony Johnson
Vulcan Materials Company
11020 David Taylor Drive, Suite 400
Charlotte, North Carolina 28262
Dear Mr. Johnson,
Please reference your Individual Permit application for Department of the Army (DA)
authorization to permanently discharge fill material into 0.41 acre (4,168 linear feet) of
stream channel and 0.12 acre of wetlands associated with the expansion of the existing
mine pit and overburden storage area at Vulcan's Rockingham Quarry located at 353
Galestown Road in Rockingham, Richmond County, North Carolina.
The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated December 12, 2023. Comments in response to the
notice were received from the North Carolina Department of Environmental Quality,
Division of Water Resources (NCDEQ-DWR), United States Environmental Protection
Agency (USEPA), Catawba Indian Nation Tribal Historic Preservation Office, and the
US Fish and Wildlife Service (USFWS); the comments received are enclosed for your
information and to provide you with the opportunity to address any of the stated
concerns. No comments from the general public or other organizations were received.
Please provide written responses to all comments from the NCDEQ-DWR, USEPA,
and USFWS. The Catawba Indian Nation, in a letter dated January 12, 2024, stated that
they "have no immediate concerns with regard to traditional cultural properties, sacred
sites or Native American archaeological sites within the boundaries of the proposed
project areas. However, the Catawba are to be notified if Native American artifacts
and/or human remains are located during the ground disturbance phase of this project."
Further, on February 6, 1990, the Department of the Army (DA) and the U.S.
Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA)
establishing procedures to determine the type and level of mitigation necessary to
comply with Clean Water Act (CWA) Section 404(b)(1) Guidelines. This MOA provides
for first, avoiding impacts to waters and wetlands through the selection of the least
damaging, practical alternative; second, taking appropriate and practical steps to reduce
impacts on waters and wetlands; and finally, compensation for remaining unavoidable

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impacts to the extent appropriate and practical. To enable us to process your
application, in compliance with the MOA, we request that you provide the following
additional information:
A. Permits for work within wetlands or other special aquatic sites are available only
if the proposed work is the least environmentally damaging, practicable alternative.
Please furnish information regarding any other alternatives, including upland
alternatives, to the work for which you have applied and provide justification that your
selected plan is the least damaging to water or wetland areas.
i. Based on the information provided, it is unclear that the Preferred Alternative
(Alternative 2) is the Least Environmentally Damaging Practical Alternative (LEDPA)
when compared to the other alternatives. Please provide additional information related
to Screening Criteria 2 and 6.
ii. Based on the data presented in Table 3, it does not appear that a uniform
analysis was applied to each alternative.
a. Was the North Carolina Natural Heritage Program (NCNHP) database
access available for each alternative? Please clarify the use of the NCNHP
database.
b. Cultural Resources — Table 3 indicates a cultural resources desktop
analysis was conducted for Alternatives 2 and 3; please clarify why this was not
conducted for Alternatives 4 and 5.
iii. Alternative 3 appears to meet the screening criteria as presented in Table 3
and proposes to have the least impacts to potential Waters of the US (WOUS) of the
four alternatives presented. Please provide additional information to justify the decision
that this alternative is not practicable.
iv. In Section 5.2.2 you state that Alternative 3 is not practicable due to unknown
availability/land purchase constraints. Please provide the rational as to why this
alternative was carried forward for analysis.
v. Alternative 4 appears to meet the screening criteria as presented in Section
4.1. However, based on Sections 4.2.4 and 5.2.3 the alternative is eliminated due to
location and the use of public roads to move materials. Please provide additional
information to support the decision that this alternative is not practicable.
vi. Section 4.3 states that six additional potential alternative sites were
considered but were dismissed for failing to meet the proposed project's purpose and
need and/or did not meet the screening criteria. Please provide additional specific
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information regarding the dismissal of each of the six potential alternatives not carried
forward.
B. It is necessary for you to have taken all appropriate and practicable steps to
minimize losses of Waters of the U.S.(WOUS), including wetlands. Please indicate all
that you have done, especially regarding development and modification of plans and
proposed construction techniques, to minimize adverse impacts.
i. Specifically, please provide information which supports that WOUS within
Alternative 2 (TIAA [Preferred Alternative]) are being avoided and proposed impacts
minimized to the maximum extent practicable.
C. The MOA requires that appropriate and practicable mitigation will be required for
all unavoidable adverse impacts remaining after the applicant has employed all
appropriate and practicable minimization. Please indicate your plan to mitigate for the
projected, unavoidable loss of waters or wetlands or provide information as to the
absence of any such appropriate and practicable measures.
i. The Corps issued a public notice to inform the public on the implementation of
the North Carolina Wetland Assessment Method (NC WAM) and the North Carolina
Stream Assessment Method (NC SAM) on April 21, 2015. The Corps utilizes NC WAM
and NC SAM for our internal reviews of permit applications, including decisions
regarding the amount and type of compensatory mitigation, avoidance and minimization
of impacts, or other decisions pertaining to aquatic resource quality and functions.
Generally, the loss of wetlands and stream channels are required to mitigate at a 2 to 1
ratio unless otherwise justified by NCSAM and NCWAM. Please provide NCSAM and
NCWAM forms for any aquatic resources with a ratio less the 2 to 1.
ii. The Corps is in receipt of your permittee responsible compensatory mitigation
plan, received via email on February 2, 2024. This site was formerly described and
initially evaluated under Corps Action ID: SAW- 2023-00121. This information is
currently under review, and we will respond with additional questions or concerns about
your compensatory mitigation proposal within 30 DAYS.
Additionally, the following items must be resolved prior to continuing to process your
permit request:
1. Reference is made to a summer mist survey for bats conducted on the permitted
mine boundary between June 27, and June 29, 2023. Please provide a copy of the
results of the survey.
2. Please note that additional comments and questions may be required after
review of the responses to the comments above.
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The above requested information is essential to the expeditious processing of your
application; please forward this information to us within 30 days of your receipt of this
letter. If you have any questions regarding these matters, please contact me at (919)
801-8990 or Richard.G.Harmon(a)-usace.army.mil.
Sincerely,
Dicky Harmon, Regulatory Specialist
Raleigh Regulatory Field Office
Enclosures
Copies Furnished:
Mr. JC Weaver
0weaver cecinc.com
Mr. Todd Bowers
[e-mail]
Ms. Sue Homewood
[e-mail]
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-------------------------------------------------------
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13
Office 803-328-2427
January 16, 2024
Attention: Richard G. Harmon
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re. THPO# TCNS# Project Description
2024-56-19 SAW-2020-00807
Dear Mr. Harmon,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

From: Bowers.Todd
To: Harmon,Richard G CIV SAW
Subject: [Non-DoD Source]USACE Public Notice SAW-2020-00807 epa response
Date: Friday,December 15,2023 3:05:26 PM
Attachments: imaae001.ona
Importance: High
Dicky,
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject
USACE Individual Public Notice under DA Action ID SAW-2020-00807 dated December
13, 2023. It is our understanding that the applicant, Vulcan Materials, is seeking Department
of the Army authorization to discharge fill material into 0.12 acre of wetlands and 0.41 acre
(4,168 linear feet) of stream, associated with the expansion of the existing quarry pit and
overburden storage area at Vulcan's Rockingham Granite Quarry located at 353 Galestown
Road in Rockingham, Richmond County,North Carolina.
Specifically per the project narrative, purpose and description, Vulcan Materials Company
proposes to expand their existing aggregate quarry mine and overburden storage area at the
Rockingham Quarry. The Proposed Action includes the removal and relocation of an
estimated four 4 million cubic yards (CY) of overburden and waste material to be stored and
transported on roads within the permitted quarry boundary (Figure 2). The applicant is
proposing to permanently impact approximately 0.41 acre (4,168 linear feet) of perennial
streams and 0.12 acre of palustrine forested wetland. The purpose of the proposed project as
stated by the applicant is to expand Vulcan's mining capabilities at the Rockingham Quarry,
improve overall quarry optimization, and increase aggregate production processes. The
applicant states that the proposed action is needed to meet the continued and growing local
and regional demand for high quality construction aggregate products and materials
currently produced at the Quarry.
There are no active mitigation banks with available credits to purchase in the primary service
area. Utilization of the NC Division of Mitigation Services In-Lieu Fee Program is also not an
option due to the lack of available credits. Wetland and stream mitigation for this project
would be achieved through a Permittee Responsible Mitigation (PRM) site within the same
HUC as the proposed project impacts. Expected to be proposed for authorization under
Nationwide Permit(NWP) 27 in the coming weeks, the proposed PRM Turkey Mitigation Site
(Action ID:SAW-2023-00121) located in Anson County, North Carolina would involve the
restoration of a historically degraded stream system,providing ecological uplift to existing
North Carolina Stream Assessment Method(NCSAM) low quality scoring streams, North
Carolina Wetland Assessment Method low quality scoring wetlands, and riparian buffer.
Wetlands and streams permanently impacted at the TIAA Property would be replaced at a 2:1
ratio at the Turkey Mitigation Site.
At this time, the EPA has specific concerns with the project as presented. The applicant has
several challenges to overcome in order to consider the use of Permittee Responsible
Mitigation. In order to assess if the proposed PRM meets the standards of the 2008 Mitigation
Rule, I will need the applicant's proposed plan (PRM Turkey Mitigation Site) to provide
suitable compensatory mitigation for loss of aquatic function at the quarry expansion site.
The applicant will need to have a project plan with requirements that are expected of any other
proposed mitigation site including but not limited to current site conditions, stressors to the
current resources, site constraints, the mitigation approach of proposed restoration,

enhancement, or creation of aquatic resources that clearly demonstrates functional lift, riparian
buffer vegetation planting, appropriate performance standards and monitoring plan that
demonstrate success, maintenance and adaptive management, financial assurances, site
protection instrument, reporting criteria, and a long term management/stewardship plan.
I would also like to see the applicant's evidence that there are no available credits from
either a mitigation bank or NCDMS site within the Pee Dee River 03040201 HUC to
demonstrate the need for PRM, especially at this magnitude. Additionally, I would like a
statement from the applicant that they have also considered utilizing an adjacent HUC for
available mitigation credit and that the cost of purchasing those credits is a financial
disadvantage to PRM.
Thank you for the opportunity to provide oversight and review on DA Action ID SAW-2020-
00807 to discharge fill material into 0.12 acre of wetlands and 0.41 acre (4,168 linear feet) of
stream, associated with the expansion of the existing quarry pit and overburden storage area at
Vulcan's Rockingham Granite Quarry located at 353 Galestown Road in Rockingham,
Richmond County,North Carolina.
Best Regards,
Todd Bowers
Todd Allen Bowers
US EPA Region 4 Wetlands and Stream Regulatory Section
Water Division Quality Assurance Coordinator
61 Forsyth St. SW
Atlanta, GA 30303
919.523.2637 cell/telework
404.562.9225 office
BowersAodd&e_rgov
"Do unto those downstream as you would have those upstream do unto you."
Wendell Berry
From: Schaffer, Josephine L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, December 13, 2023 10:14 AM
Subject: US Army Corps of Engineers Public Notice
Importance: High

DocuSign Envelope ID:C3C0129E-0339-43A8-9E82-02ADE5F3FDB0
o,,,STATE
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary ` u
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 12, 2024
DWR# 19950991v2
Richmond County
Vulcan Materials Company
Attn: Mr.Tony Johnson
11020 David Taylor Drive, Suite 400
Charlotte NC 28262
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Rockingham Quarry Mine Pit Expansion
Dear Mr.Johnson:
On December 22, 2023,the Division of Water Resources (Division) received your application requesting
a 401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed.The application is on-hold
until all of the following information is received:
1. If the USACE requests a response to any comments received as a result of the Public Notice,
please provide the Division with a copy of your response to the USACE.
2. The application is incomplete as it only includes the application form and an alternatives analysis.
Please provide a complete application that includes:
a. a detailed site design plan(s)that includes the proposed grading limits for the expanded
quarry area and includes the limits of the outer most proposed disturbed area necessary to
mine within the area, such as disturbances for associated activities such as access roads,
berms, sediment/erosion control measures, safety features, etc.. The plans should clearly
show any temporary or permanent sediment and erosion control measures or stormwater
control measures. The plans should also clearly identify the limits of all stream and wetland
impacts and the proposed buffer areas at a scale sufficient to clearly show all aspects of the
project limits and proposed impacts.
b. a complete mitigation plan which will meet the requirements of 15A NCAC 2H .0506(c). The
Division understands that you propose Permittee Responsible Mitigation (PRM) at the Turkey
Mitigation Site, however the application has provided no details regarding this proposal nor
has that site been authorized separately. A full evaluation of the proposed mitigation plan
will be required as part if your request for 401 Certification.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CARCLINq
oR.m.m,remn,nmana0ual� /"� 919.707.9000

DocuSign Envelope ID:C3C0129E-0339-43A8-9E82-02ADE5F3FDB0
Rockingham Quarry Mine Pit Expansion
DWR# 199509941v2
Request for Additional Information
Page 2 of 3
c. Please provide documentation such as DWR Stream Identification Forms for all intermittent
stream channels. Please provide a map that shows locations for any forms provided.
3. Please clarify if operation of the mine expansion will require the construction of any new haul
roads that would impact any additional stream or wetland impacts.
4. Will the expansion of the mine require additional dewatering activities and if so, please explain
where the water will be discharged.
5. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which
includes designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity
will comply with water quality standards,the Division shall evaluate if the proposed activity: (2)
would cause or contribute to a violation of water quality standards; (3)would result in secondary
or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of
water quality standards;" The project proposes to leave small portions of Stream Channel 4, 6, 7
and 12 beyond the footprint of the impacts, however in each case it appears that the entire
watershed for these channels will be impacted and surface flow and any expected
infiltration/shallow subsurface flow will be rerouted. Since surface flow and shallow subsurface
flow are the two main sources of flow in headwater stream channels in the piedmont, it appears
that the remaining portions of these channels will no longer have sufficient hydrology to support
a functional use. Please include these portions of stream channels, including offsite portions of
channels, down to an unimpacted watershed/hydrology source, as indirect impacts within the
proposed application or provide a detailed hydrologic analysis/modeling to document the
features will retain their existing functions.
6. The Division is concerned that indirect hydrologic impacts will also occur in adjacent wetland 2
and stream 11 as a result of mining activities. Please provide a detailed hydrologic
analysis/modeling of mining activities, including pit dewatering, on the adjacent features.
Pursuant to Title 15A NCAC 02H .0502(e),the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter,the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
©� � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
gaparMrM of EmirnnmanW quay

DocuSign Envelope ID:C3C0129E-0339-43A8-9E82-02ADE5F3FDB0
Rockingham Quarry Mine Pit Expansion
DWR# 199509941v2
Request for Additional Information
Page 3 of 3
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
EDocuSigned by:
ft ply as t, less
980C5097DNE4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: JC Weaver, Civil & Environmental Consultants Inc.
Dicky Harmon, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch file
Filename: 19950991v2 Vulcan Rockingham Quarry Exp - Richmond - addinfo.docx
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
z:� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMrM of EmirnnmanW 9uallly

From: Matthews.Kathryn(Kathy)
To: Harmon.Richard G CIV SAW
Cc: Mann,Leiah
Subject: [Non-DoD Source]Re:Vulcan Rockingham Quarry: US Army Corps of Engineers Public Notice(USFWS Project
Code 2023-0090003)
Date: Thursday,December 21,2023 1:19:02 PM
Hi Dickie,
When you have all the info together for Section 7 consultation, please send it directly to me. I
reviewed the bat survey plan for the site this summer, so I am already familiar with it.
Hopefully, the applicant provided the information from the bat surveys to you. I just need your
species list and the rationale for your MANLAA determinations.
Also, please note that we have an IPaC project code for this project (established by either the
applicant or a consultant); 2023-0090003. Therefore, the project is already established in our
system (and noone else needs to ask for an official species list, or put a new project in IPaC for
the quarry).
Let me know if you have any questions. Merry Christmas!
Please note that I am teleworking Wednesday through Friday, every week. 1 have a new
phone number-See Below!
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
NEW Phone! 984-308-0852
From: Schaffer, Josephine L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, December 13, 2023 10:14 AM
Subject: [EXTERNAL] US Army Corps of Engineers Public Notice
This email has been received from outside of DOI - Use caution before clicking on links,
opening attachments, or responding.
As you requested, you are hereby notified that the Wilmington District, United States Corps of

Engineers, has issued a Public Notice. The text of this document can be found on the Public
Notices portion of the Regulatory Division Home Page. Each Public Notice is available in
ADOBE ACROBAT (.pdf) format for viewing, printing or download at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
The current notice involves: SAW-2020-00807 (Vulcan Materials Company/ Rockingham
Quarry North / Lassiter Road / Rockingham / Richmond County/ industrial)
Issue Date: December 13, 2023
Expiration Date: January 12, 2024
Point of Contact: Dicky Harmon
Email: Richard.G.Harmon(@usace.army.mil
Project Description:
Vulcan Materials Company proposes to expand their existing aggregate quarry mine and
overburden storage area at the Rockingham Quarry. The Proposed Action includes the
removal and relocation of an estimated four 4 million cubic yards (CY) of overburden and
waste material to be stored and transported on roads within the permitted quarry boundary.
The applicant is proposing to permanently impact approximately 0.41 acre (4,168 linear feet)
of perennial streams and 0.12 acre of palustrine forested wetland.
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