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HomeMy WebLinkAbout20200225_ADI_and_CommentsROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Direcwr Certified Mail Return Receipt Requested 7008 1300 0000 1126 3871 Mr. William Branch Ararat Rock Products Company PO Box 988 Mount Airy, North Carolina 27030 RE: Eden Quarry Mining Permit No. 79-07 Rockingham County Roanoke River Basin Dear Mr. Branch: NORTH CAROLINA Environmental Quality February 25, 2020 *0/ We have reviewed the modification your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Provide proof such as copies of the signed return receipts that the county manager and adjoining landowners have been properly notified. 2. See the NC Wildlife Resources comments regarding this site. Address the concerns outlined in the memorandum, especially regarding the endangered species. 3. Revise the overall mine map to show all the buffers, wetlands and waterways, features (stockpiles, roads, processing area, mine excavation limits, etc.), sediment control measures, etc. Provide an acreage chart that includes the current areas permitted to affect and the new areas requested to be permitted. 4. Please address the following erosion and sediment control issues: A. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine maps. Provide a construction sequence as it relates to erosion and sediment North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699 1612 1W! Certified Mail Mr. Branch Page 2 B. control specifically for this project. C. Please include proposed contours or otherwise indicate where land - disturbing activity will occur to allow for adequate review of erosion control measures. D. Construction details and minimum maintenance requirements must be provided for all proposed erosion control measures, including but not limited to silt fence, construction entrance, and coir baffles E. Please indicate the type of skimmer on the plans. F. Delineate the drainage areas to each sediment trap or basin on the plans. G. Please indicate the emergency spillway location and width for each proposed sediment basin on the erosion and sediment control plan. It is preferred that the emergency spillway be located in undisturbed soil, if possible. H. A Rational runoff coefficient of 0.6 is recommended for disturbed areas. Please evaluate the sediment traps with the higher runoff coefficient and adjust the basin/trap sizes, if necessary. I. Temporary slope drains should be provided where temporary diversions discharge into sediment basins or traps with a slope height greater than seven feet. Please note, this office may request additional information, not included in this letter, as the mining application review progresses. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0113, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. rn Certified Mail Mr. Branch Page 3 Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Cl#k D L� Ju ith A. Wehner Assistant State Mining Specialist Enclosure cc: Ms. Tamera Eplin, PE ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Olivia Munzer Western Piedmont Coordinator��?� Habitat Conservation DATE: 13 February 2020 SUBJECT: Mining Permit Modification for Ararat Rock Products Company — Eden Quarry, Rockingham County, North Carolina. Pennit No. 79-07. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5). Ararat Rock Products Company is requesting a modification of their permit for the Eden Quarry located at 11661 North Highway 770 in Eden, Rockingham County, North Carolina (NC). The modifications to the permit are to add an additional 16.8 acres to the south-southwest of the mine. The current total permitted acreage is 296.06. The site flows to unnamed tributaries to Dry Creek and Cascade Creek in the Roanoke River basin. Cascade Creek and Dry Creek is classified as a Class C stream by the NC Department of Water Resources (NCDWR). We have known records for the federal and state endangered smooth coneflower (Echinacea laevigata); state special concern Carolina birdfoot-trefoil (Acmispon helleri) and American barberry (Berberis canadensis); and the state significantly rare southeastern bold goldenrod (Solidago rigida var. glabrata) near the site. Within the watershed, we have known records of the federal and state endangered James spinymussel (Pleurobema collina) and Roanoke logperch (Percina rex) and state endangered green floater (Lasmigona subviridis). Occurrences of Dry-Mesic Basic Oak —Hickory Forest, Upland Depressional Swamp Forest, and Xeric Hardpan Forest Natural Communities, which are rare or high - quality natural communities, occur near the site. Leaksville Loam Forests and Fitzgerald Woodland Natural Heritage Natural Areas (NHNAs) occur near the project and the Roanoke/Dan River Aquatic Habitat NHNA occurs downstream of the site; NHNAs are sites with special biodiversity significance. The lack of records from the site does not imply or confirm the absence of federal or state -listed species. An on -site survey is the only means to determine if the proposed project may impact federal or state rare, threatened, or endangered species. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 13 February 2020 Eden Quarry Modification Permit No. 79-07 We have concerns for the potential direct and indirect impacts on federal and state -listed species. We offer the following general comments and recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. The site should be surveyed for the presence of federal and state rare, threatened, and endangered species. Any protected species surveys should be conducted by biologists with both state and federal endangered species permits. 2. The project footprint should be surveyed for wetlands and streams to ensure there are no impacts to surface waters. In addition to providing wildlife habitat, wetland areas and streams aid in flood control and water quality protection. U.S. Army Corps of Engineers Section 404 Permits and NCDWR Section 401 Certifications are required for any impacts to jurisdictional streams or wetlands. Include descriptions of any streams or wetlands affected by the project. 3. Impacts to any streams and wetlands should be avoided since the presence of federal and state -listed species occur downstream of the mine. Placing fill in aquatic resources can alter hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. 4. Due to the presence of federal and state listed species downstream of the project, we recommend a minimum 200-foot undisturbed, native, forested buffer along perennial streams and a minimum 100- foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the site. 5. Water discharges from the site should be proportional to the size of the receiving stream so the hydrology of the stream is not altered, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic resources within and downstream of the site. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 6. All stormwater outlets should drain through a vegetated upland area prior to reaching any stream or wetland area. Sufficient retention designs should be implemented to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. 7. Native plants are preferred and recommended for revegetation and reclamation activities. Non-native plants should be removed from the seeding schedule. Shrub lespedeza and sericea lespedeza are invasive and/or non-native and should be avoided. Consider an alternative mix of red clover, creeping red fescue, prairie dropseed, and a grain, such as oats, wheat, or rye. Specifically, this project would be ideal for planting native, wildflower seed mixes that will create pollinator habitat within the reclaimed areas. Pollinators are some insects (i.e., bees, moths, and butterflies) and birds that play an important role in the reproduction of flowering plants, which produce many fruits and vegetables. Habitat loss; disease, and other environmental changes have caused a decline in pollinators. Please contact NCWRC for a list of suitable native plants for reclamation. 8. We recommend reclaiming the relatively shallow sediment basins as wetlands, where practicable. Also consider working with NCWRC to create potential hibernacula for bats by creating or modifying tunnels. 9. Erosion and sediment control measures should conform to the High Quality Water Zones standards stipulated in the NC Department of Environmental Quality Erosion and Sediment Control Plan Page 3 13 February 2020 Eden Quarry Modification Permit No. 79-07 (littps:Hdeg.nc.aov/about/divisions/enerpy-m ineral-Iand-resources/energy-mineral-land-permit- guidance/erosion-sediment-control-planning-design-manual). Sediment and erosion control measures should use advanced methods and installed prior to any land -disturbing activity. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills. At this time, the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. Thank you for the opportunity to comment on this permit modification. If I can be of further assistance, please call (919) 707-0364 or email olivia.munzerp..ncwildlife.org. ec: Brandon Edwards, Ararat Rock Products Company John Ellis, U.S. Fish and Wildlife Service Thomas W. Russ, NCWRC ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director ILI g35Is]:7\101I1t111uJ TO: Ms. Judy Wehner Land Quality Section NORTH CAROLINA Environmental Quality February 18, 2020 FROM: Michael Bauer Ground Water anagement Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: Ararat Rock Products Company Ararat Rock Products Eden Quarry Rockingham County RECEIVED FEB 19 2020 LAND QUALITY MINING PROGRAM Please find attached a copy of the mining permit modification request for the above referenced project. The Ararat Rock Products Eden Quarry located in Rockingham County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to register their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: https://www.ncwater.org/wwatr Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statute also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him at john.barr@ncdenr.gov. D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh. North Carolina 27699-1611 919.707.9000 ROY COOPER Governor MICHAEL S. REGAN Secretary S. Daniel Smith Director MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris l v Mining Program Secretary Land Quality Section NORTH CAROUNA Environmental Quality January 29, 2020 SUBJECT: Mining Permit Modification for Ararat Rock Products Company Eden Quarry Rockingham County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51(2)). Please respond by February 21, 2020 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9227 if you have any questions. /bmh Attachments cc: Ms. Tamera Eplin North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919.707.9200 NCGS Mine Permit Application Review Check Sheet Mining is to complete this Section Mine ID No. ly-o 7 Type of Application: New / Mod / Transfer Mine Name: Permittee: Attached page 1-3 of the mine application. Suspense Data for Comment: RECEIVED FEB 18 1010 LAND QUALITY -ao^�,� MINING PROGRAM NCGS to complete this Section No Geological significance. Commodity: Ar 11t� Mineral Resources: County: 7.5 Quad N.E. BEN Lat:,3 G,S 3 17 ►4 Long: 7 9 , "7 a W 3V 3Z 382 N -7y o Afo.02 W 1985 Geological Map Unit: Other Geological Map Units: A�--SoY'oU P I lk 91V6(1 Lithology: $C-Dfl W k) I wTftLfau GU&5 wrrH P)Ne-*AL-L Ra Geochemistry Hazardous Minerals: (-A.&) Cp Q7-fA k1 P ggliTra In1ynli-T- Subsidence: NcjE Slope Stability:ya\A STARk Seismic Hazard: MBE Hydrogeology: !yohRj /1t^as iyi Tths wiy *E zRq Flood Plain Deposits: �J/A Comments: ReviewQr: �� �. moo," Date: 2071 2020 H:\Procedures\Permit application\20190430 NCGS Mine Review.docx Y • 1•` .. tt� • •• • - lot •1� ��yyYr Google Eadh Pro file Edd yew Ioola Add tjelp ♦ Search 36.sisN. A.a M W sc.rt Get DYCCH•rrs History J 0 36.5397N. 79.6670 W d D 6 x • Places + 8 Tem ora Placs Q 0 f i Ell Lavers • �11 Primary Database 8 Annmmcemerds s + Bordersand Labels + O Places a Phatos +.'✓9 Roads e 3DBuildings E 4 Ocean e 41 Weather a 'cRe� Gallery a W Global Awermess ❑ More • Local Place Names a Paftffl .b. Areas Wetm Body Outlines a O+ Place Categories a © Transportation [ " Witipad" DigitalGlobe FeaWred l... a Q Spot Image s ® DigitalGlobeCwaage a D US Gawanmem + Tenein Eden Quarry, Ararat Rock Products — Argillite (Crushed Stone) Rockingham County, NE EDAN 7 and % minute quadrangle. Newark Supergroup, Dan River Group, Cow Branch Formation. y Wenner, Judy From: Eplin, Tamera Sent: Tuesday, February 18, 2020 1:05 PM To: Wehner, Judy Cc: Lentz, Zachary Subject: FW: Eden Quarry Modification comments Attachments: 79-07_DAQComments_20200207.pdf, 79-07_DWR_Comments_20200207.pdf Hello Judy. DAQ and DWR comments are attached, and Zac's comments are below. Please let us know if you need additional information. Have a great day, Tamera Eplin, PE, CPESC Regional Engineer Land Quality Section, Winston-Salem Regional Office Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality (336) 776-9800 office tamera.eplin(@ncdenr.gov 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105-7407 EQ� DOWI MI of El11YaM 0 UI 0u, 1, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lentz, Zachary <zac.lentz@ncdenr.gov> Sent: Friday, February 14, 2020 4:32 PM To: Eplin, Tamera <tamera.eplin@ncdenr.gov> Subject: Eden Quarry Modification comments The letter from William Branch on behalf of Ararat states that the modification request is for additional acreage to "expand our quarry pit and start ramping below its current depth." The application shows that the operation will mine for agrillite up to a depth of 230 feet below the surface. The plan sheets for the proposed modification do not show any of the planned expansion of the quarry. Only the proposed new permit boundary, existing contours, and erosion control measures are shown. No construction sequence has been provided on the plan sheets. The brief response to the application's request for the applicant to "describe in detail the sequence of events for the development and operation of the mine" offers very little information on how the work will be performed and does not assure that natural resources will be protected. '*AOI .moo 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine maps. 2. Provide a construction sequence as it relates to erosion and sediment control specifically for this project. 3. Please include proposed contours or otherwise indicate where land -disturbing activity will occur to allow for adequate review of erosion control measures. 4. Construction details and minimum maintenance requirements must be provided for all proposed erosion control measures, including but not limited to silt fence, construction entrance, and coir baffles 5. Please indicate the type of skimmer on the plans. 6. Delineate the drainage areas to each sediment trap or basin on the plans. 7. Please indicate the emergency spillway location and width for each proposed sediment basin on the erosion and sediment control plan. It is preferred that the emergency spillway be located in undisturbed soil, if possible. 8. A Rational runoff coefficient of 0.6 is recommended for disturbed areas. Please evaluate the sediment traps with the higher runoff coefficient and adjust the basin/trap sizes, if necessary. 9. Temporary slope drains should be provided where temporary diversions discharge into sediment basins or traps with a slope height greater than seven feet. Zac Lentz Assistant Regional Engineer Division of Energy, Mineral, and Land Resources Department of Environmental Quality 336-776-9661(office) za c.le ntz P n cd e n r.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 �nm�umr:a.INDE OOppeMriM o1 rmermm J UIWZ 4 MINING PERMIT APPLICATION REVIEW FORM Forthe DIVISION OF AIR QUALITY Project/Number: Ararat Rock Products Company- Eden Quarry County: Rockingham Please return comments back to: Tamera Eplin, P.E. Comments due by: February 19, 2020 Will the operation, as proposed, violate standards of air quality? No Comments: According to Section C*a of the application, the operation will involve crushing exemption under 15A NCAC 2Q .0102(d). YES NO Air permit required _ X Air permit existing X Other Comments: Section CA.a of the application incorrectly states that the facility has applied for and obtained an air quality Dermit. As mentioned above. this permit was rescinded on 7/27/2016 after the facility demonstrated that it qualified for permit exemption. DAQ-WSRO staff performed a compliance assurance visit at this site on August 28, 2018 and at the time it appeared to be operating in compliance with Air Quality standards and regulations. A compliance assurance visit is planned for this facility for 2020. Reviewed by: �� 2k. Print Name: Davis Murphy Date: February 7, 2020 Central Office Reviewer: Rev Dec 2006 Print this form to PDF im PDF of this form to DEMLR CO by email cc DEML�O, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Eden Quarry DEMLR Permit # 79-07 Email: James@araratrock.com PERMIT ACTION TYPE: modification YES NO Ci �t Have land disturbing activities started? Date? F t r t Latitude: 36.5349 Longitude:-79.6524 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 2/21/2020 SECTION BELOW TO BE FILLED OUT BY DWR: County: Rockingham Date Commencing >1972 Applicant's Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Watershed/Stream Name & Classification: Roanoke, Dry Creek, C DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? RP" r 9nin Send a copy to the permittee. Pdnt this form to PDF 41rm PDF of this form to DEMLR CO by email cc DEMbftwQ DWR SPU. Stream Determination Needed? I ❑t Ft Does DWR RO need a statement that no wetlands/streams are disturbed ❑t FI for this project from applicant? Buffer Determination Completed? IElf— I F t New Recycle System permit required?* f Enough information to determine? ❑ t t L'tUnknown. Will wastewaters discharge to HQW waters r F t7Q10 I Permittee must with a 7Q10=0? ** Flow: I determine. Mine must wait to dewater until an O&M plan is I ❑ t approved? Fi —To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced waterbodies. *** If there is not enough information to give a complete answer, write in the space Provided what you will need to answer this guestion comely_ Ifvou reauire DEMLR to hold the Permit until further notice. indicate that in the ouestion below. Reviewed bV' DWR RO Surface Water: SLH Regional Office: WSRO Date: 2/7/20 RO Aquifer Protection Section: Regional Office: Date: Rov RaNnmhor9ntn u Wehner, Judy From: Harris, Brenda M Sent: Thursday, February 13, 2020 9A6 AM To: Wehner, Judy Subject: FW: NCWRC Comments - MP 79-07 Eden Quarry Modification - Rockingham Attachments: MP 79-07 Eden Quarry Modification-NCWRC Comments.pdf From: Munzer, Olivia <olivia.munzer@ncwildlife.org> Sent: Thursday, February 13, 2020 9:39 AM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Cc: John Ellis <john_ellis@fws.gov>; Russ, W. Thomas <thomas.russ@ncwildlife.org>; edenquarry2016@gmail.com Subject: NCWRC Comments - MP 79-07 Eden Quarry Modification - Rockingham Brenda, Please see the attached comments for the Eden Quarry permit modification. Thank you. Olivia Olivia Munzer Western Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Rogers Depot 1718 NC Hwy 56 W Creedmoor, NC 27522 Office: 919-707-0364 Cell: 336-269-0074 olivia.mu nzer@ ncwi Idlife.ore www.ncwildlife.org © 0 12 M Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Lon ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Olivia Munzer ) Western Piedmont Coordinator CG Habitat Conservation DATE: 13 February 2020 SUBJECT: Mining Permit Modification for Ararat Rock Products Company — Eden Quarry, Rockingham County, North Carolina. Permit No. 79-07. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5). Ararat Rock Products Company is requesting a modification of their permit for the Eden Quarry located at 11661 North Highway 770 in Eden, Rockingham County, North Carolina (NC). The modifications to the permit are to add an additional 16.8 acres to the south-southwest of the mine. The current total permitted acreage is 296.06. The site flows to unnamed tributaries to Dry Creek and Cascade Creek in the Roanoke River basin. Cascade Creek and Dry Creek is classified as a Class C stream by the NC Department of Water Resources (NCDWR). We have known records for the federal and state endangered smooth coneflower (Echinacea laevigata); state special concern Carolina birdfoot-trefoil (Acmispon helleri) and American barberry (Berberis canadensis); and the state significantly rare southeastern bold goldenrod (Solidago rigida var. glabrata) near the site. Within the watershed, we have known records of the federal and state endangered James spinymussel (Pleurobema collina) and Roanoke logperch (Percina rex) and state endangered green floater (Lasmigona subviridis). Occurrences of Dry-Mesic Basic Oak —Hickory Forest, Upland Depressional Swamp Forest, and Xeric Hardpan Forest Natural Communities, which are rare or high - quality natural communities, occur near the site. Leaksville Loam Forests and Fitzgerald Woodland Natural Heritage Natural Areas (NHNAs) occur near the project and the Roanoke/Dan River Aquatic Habitat NHNA occurs downstream of the site; NHNAs are sites with special biodiversity significance. The lack of records from the site does not imply or confirm the absence of federal or state -listed species. An on -site survey is the only means to determine if the proposed project may impact federal or state rare, threatened. or endangered species. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 �V� Page 2 13 February 2020 Eden Quarry Modification Permit No. 79-07 We have concerns for the potential direct and indirect impacts on federal and state -listed species. We offer the following general comments and recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. The site should be surveyed for the presence of federal and state rare, threatened, and endangered species. Any protected species surveys should be conducted by biologists with both state and federal endangered species permits. 2. The project footprint should be surveyed for wetlands and streams to ensure there are no impacts to surface waters. In addition to providing wildlife habitat, wetland areas and streams aid in flood control and water quality protection. U.S. Army Corps of Engineers Section 404 Permits and NCDWR Section 401 Certifications are required for any impacts to jurisdictional streams or wetlands. Include descriptions of any streams or wetlands affected by the project. 3. Impacts to any streams and wetlands should be avoided since the presence of federal and state -listed species occur downstream of the mine. Placing fill in aquatic resources can alter hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. 4. Due to the presence of federal and state listed species downstream of the project, we recommend a minimum 200-foot undisturbed, native, forested buffer along perennial streams and a minimum 100- foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the site. S. Water discharges from the site should be proportional to the size of the receiving stream so the hydrology of the stream is not altered, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic resources within and downstream of the site. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. b. All stormwater outlets should drain through a vegetated upland area prior to reaching any stream or wetland area. Sufficient retention designs should be implemented to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thennal spikes; and sediment, nutrient, and chemical discharges. 7. Native plants are preferred and recommended for revegetation and reclamation activities. Non-native plants should be removed from the seeding schedule. Shrub lespedeza and sericea lespedeza are invasive and/or non-native and should be avoided. Consider an alternative mix of red clover, creeping red fescue, prairie dropseed, and a grain, such as oats, wheat, or rye. Specifically, this project would be ideal for planting native, wildflower seed mixes that will create pollinator habitat within the reclaimed areas. Pollinators are some insects (i.e., bees, moths, and butterflies) and birds that play an important role in the reproduction of flowering plants, which produce many fruits and vegetables. Habitat loss, disease, and other environmental changes have caused a decline in pollinators. Please contact NCWRC for a list of suitable native plants for reclamation. 8. We recommend reclaiming the relatively shallow sediment basins as wetlands, where practicable. Also consider working with NCWRC to create potential hibemacula for bats by creating or modifying tunnels. 9. Erosion and sediment control measures should conform to the High Quality Water Zones standards stipulated in the NC Department of Environmental Quality Erosion and Sediment Control Plan Page 3 13 February 2020 Eden Quarry Modification Permit No. 79-07 Quidance/erosion-sediment-control-planning.-desien-manual). Sediment and erosion control measures should use advanced methods and installed prior to any land -disturbing activity. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills. At this time, the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. Thank you for the opportunity to comment on this permit modification. If I can be of further assistance, please call (919) 707-0364 or email olivia.munzer@ncwildlife.org. ec: Brandon Edwards, Ararat Rock Products Company John Ellis, U.S. Fish and Wildlife Service Thomas W. Russ, NCWRC Wehner, Judy From: Homewood, Sue Sent: Friday, February 07, 2020 1:12 PM To: Wehner, Judy Cc: Eplin, Tamera Subject: RE: 79-07 DWR REVIEW SHEET 2013a.doc Attachments: 79-07 DWR REVIEW SHEET 2013a-wsro-07Feb2020.doc Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue.Homewood(@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 From: Wehner, Judy <judy.wehner@ncdenr.gov> Sent: Tuesday, January 28, 2020 4:42 PM To: Homewood, Sue <sue.homewood@ncdenr.gov> Cc: Eplin, Tamera <tamera.eplin@ncdenr.gov> Subject:79-07 DWR REVIEW SHEET2013a.doc Here is the review sheet for the modification of the Eden Quarry in Rockingham County. 1 Print this form to PDF F m PDF of this form to DEMLR CO by email. cc DEN - RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Eden Quarry DEMLR Permit # 79-07 Email: James@araratrock.com PERMIT ACTION TYPE: modification YES County: Rockingham Applicant's NO Date Commencing ❑ ❑ Have land disturbing activities started? Date? ❑ Latitude: 36.5349 Longitude:-79.6524 Please return comments to (at DEMLR CO): Judy Wehner Comments due bv: 2/21/2020 >1972 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Watershed/Stream Name & Classification: Roanoke, Dry Creek, C DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? ❑ F1 401 Wetland Cert. existing? ❑ Permit# 171 Does DWR RO have enough information to determine if a 401 certification is required? ❑ Is an O & M Plan needed? YES NO Are wetlands disturbed at this site? ❑ 171 Does DWR RO suspect or know of nearby ❑ F] wetlands to the site? ❑ JD Is a wetland delineation required prior to ❑ ❑ DWR issuing the permit? Consultant ❑ Onsite? PP,, FcnfcmFar ?m n Print this form to PDF P- `,m PDF of this form to DEMLR CO by email. cc DEA' - RO, DWR SPU. Send a copy to the permittee. ❑ Offsite? Stream Determination Needed? ❑ F Stream Determination Completed? ❑ O Does DWR RO need a statement that no wetlands/streams are disturbed ❑ Rj for this project from applicant? Buffer Determination Needed? ❑ ❑ Buffer Determination Completed? ❑ O Recycle system permit existing?* ❑ Permit # ❑ New Recycle System permit required?* ❑ Enough information to determine? Non -discharge permit existing?* C Permit # ❑ ❑ Unknown. Will wastewaters discharge to HQW waters F p 7Q10 Permittee with a 7Q10=0? " Flow: must determine. ❑ Has Violation ❑ O&M Requirements ❑ HQW/7Q10 Concerns Does DWR require DEMLR to hold the ❑ Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit ❑ because DWR requires more information)? ❑ Other. Please describe the reason to hold the permit: RO contact: ❑ Hold Until: Mine must wait to dewater until an O&M plan is ❑ 0 approved? permit. **To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a flow estimate fore specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 Flow for tidally influenced water bodies. *** If there is not enough information to give a complete answerr, write in the space provided what you will need to answer this question completely. If you require DEMLR to hold the permit until further notice. indicate that in the ouestion below. Rnv Contomhnr gmn Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the pennittee. Reviewed by: \M"' DWR RO Surface Water: SLH Regional Office: WSRO Date: 2/7/20 RO Aquifer Protection Section: Regional Office: Date: RAv CPntamhar ,?nl n �ECEIV ED FEB 0 51010 Log In tl: QO pROGRAM DPR/RRS Mining Permit Application Review MIN1hG RRS Contact: Z. eludev Name of project: County: Co. pm Proposed activity is z is not _ within 5 miles of a public park or recreation area. If yes, identify the park: -fio f-J"m I)O.r1<1 Fclen c:,td 'PGr Ie, Manager/agency name: flier) N C epos kS C-A& Qecr a..-h�Or) (contact name): St )ho t) @Fa yyy1 er (phone; fax): 3 8 (o — (pap 3— a I 10 (email): a(-meX edc n n c.. Lts Review conducted by: / Date: 1 3 � acbro PLEASE RETURN CflV$R SHE T O v WITH YOUR REVIEW/COMMENTS. YOU MAY ALSO E-MAIL YOUR RESPONSE AND/OA COMhLENTS/QUESTIONS TO: s�teve.livinestotae(a��...+ � „� THANKSi Return to: Steve Livingstone (919) 707-9331 steve.livingsione@ncpar4gov DENR/Division of Parks & Recreation 1615 MSC Raleigh. NC 27699-1615 .. ROY COOPER Governor MICHAEL S. REGAN Secretary S. Daniel Smith Director MEMORANDUM TO: Mr. Michael Peveler NORTH CAROLINA Environmental Quality January 29, 2020 Division of Parks and Recreation FROM: Brenda M. Harris= �y Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Ararat Rock Products Company Eden Quarry Rockingham County Please find attached for your review a copy of the mining permit modification request for the above referenced project Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by February 21, 2020 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9227 if you have any questions. /bmh Attachments cc: Ms. Tamera Eplin D_EQJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919.707.9200 aawa Wehner, Judy From: Harris, Brenda M Sent: Friday, January 31, 2020 3:29 PM To: Wehner, Judy Subject: FW: Ararat Rock (Rockingham) Attachments: D00013120-01312020132306.pdf -----Original Message ----- From: Galamb, Eric <Eric.Galamb@ncagr.gov> Sent: Friday, January 31, 20201:30 PM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Subject: Ararat Rock (Rockingham) See attached. Eric E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties by an authorized state official. ROY COOPER Governor, MICHAEL S.- REGAN secret" - S: Daniel Smith Dlremr NORTH CAROLINA EnWrorasenAd Quality January 29, 2020 MEMORANDUM. TO: Mr. Eric Galamb Application Review Coordinator, Division of Soil and Water Conservation FROM: Brenda M. Harris ,. Mining Program Secretary Land Quality Section 0 1400p� fix SUBJECT: Mining Permit Modification for Ararat Rock Products Company Eden Quarry Rockingham County Please find attached for your -review a copy of the: mining permit modification 'request forthe above referenced project Please review this1riformation and advise as to the probability of this operationhaving unduly -adverse effect on any publicly owned conservation easements (O.S. 74-51(5)). Please respond by February 21, 2020:so that. we-may:complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all -proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off: site sedimentation. I Aowever, any comments your agency can provide regarding effects on publicly owned conservation easements would be greatly appreciated. If your.staff wishes to perform.a site inspection, it is recommended that they contact the person submitting this request to setup, a convenient date and time. Also, please send a copy of your comments to the person noted in the application. i Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9227 if you have any questions. /bmh Attachments cc: Ms. Tamera Eplin North Carolina Department of Environimental Quality I DMsion of Energy, Mineral and Land Resources P. E sl2 North Salisbury Street 1 1612 Mall SO-rvke Center I Weigh, North Carolina 27699-1612 a 919 707.9200 �qwv Wehner, Judy From: Wehner, Judy Sent: Tuesday, January 28, 2020 4:42 PM To: Homewood, Sue Cc: Eplin, Tamera Subject: 79-07 DWR REVIEW SHEET 2013a.doc Attachments: 79-07 DWR REVIEW SHEET 2013a.doc Here is the review sheet for the modification of the Eden Quarry in Rockingham County. Print this form to PDF Ret , PDF of this form to DEMLR CO by email. cc DEML� 'O, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Eden Quarry DEMLR Permit # 79-07 Email: James@araratrock.com PERMIT ACTION TYPE: modification YES County: Rockingham Applicant's NO Date Commencing ❑ ❑ Have land disturbing activities started? Date? 0 ❑ Latitude: 36.5349 Longitude:-79.6524 Please return comments to (at DEMLR CO): Judy Wehner Comments due bv: 2/21/2020 >1972 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cent. required? ❑ ❑ 401 Wetland Cert. existing? ❑ Permit # ❑ Does DWR RO have enough information to determine if a 401 certification is required? ❑ ❑ Is an O & M Plan needed? YES NO Are wetlands disturbed at this site? ❑ ❑ Does DWR RO suspect or know of nearby ❑ ❑ wetlands to the site? ❑ JD Is a wetland delineation required prior to ❑ ❑ DWR issuing the permit? Consultant ❑ Onsite? p>" Rnntamhar 9Mn Pnnt this form to PDF Re, PDF of this form to DEMLR CO by email. cc DEML' -0, DWR SPU. Send a copy to the permittee. Offsite7 Stream Determination Needed? ❑ ❑ Stream Determination Completed? ❑ ❑ Does DWR RO need a statement that no wetlands/streams are disturbed ❑ C for this project from applicant? Buffer Determination Needed? ❑ ❑ Buffer Determination Completed? ❑ ❑ Recycle system permit existing?* ❑ Permit # ❑ New Recycle System permit required?* ❑ C Enough information to determine? Non -discharge permit existing?* ❑ Permit # C ❑ Unknown. Will wastewaters discharge to HQW waters ❑ 7Q10 Permittee with a 7Q10=0? ** Flow: must determine. ❑ Has Violation ❑ O&M Requirements ❑ HQW/7Q10 Concerns Does DWR require DEMLR to hold the ❑ Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit ❑ because DWR requires more information)? ❑ Other. Please describe the reason to hold the permit: RO contact: Hold Until: Mine must wait to dewater until an O&M plan is ❑ ❑ approved? `The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems, designed to exclude all stormwater run-off from permit. **To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a Flow estimate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. *** If there is not enough information to give a complete answer, write in the space orovided what you will need to answer this question completely. If you mouire DEMLR to hold the permit until further notice indicate that in the guestion below. Rnv Cnntamhor 9ni n Print this foil to PDF Rei oDF of this form to DEMLR CO by email. cc DEMLP "O, DWR SPU. Reviewed by: DWR RO Sur -face Water: Regional Office: Date: y rr RO Aquifer Protection Section: Regional Office: Date: Send a copy to the permittee. Rpv Rpntpmhpr 9ni n