HomeMy WebLinkAbout20030130 Ver 2_Public Notice_20070323
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' `'" PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: March 23, 2007
Comment Deadline: April 23, 2007
Corps Action ID #: SAW-2007-681-313
The Wilmington District, Corps of Engineers (Corps) has received an application from Vulcan
Materials Company, Attn: Mr. Tim Knopf, seeking Department of the Army authorization to
impact 0.49 acres of wetland and 1592 linear feet of stream channel in and adjacent to unnamed
tributaries of Coddle Creek to facilitate the expansion of Vulcan Materials Cabarrus Quarry off
Poplar Tent Road at Concord, Cabarrus County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands
Applicant: Vulcan Materials Company
4401 North Patterson Avenue
Winston-Salem, NC 27115
AGENT: Carolina Wetland Services
Attn: Craig R. Wyant
550 E. Westinghouse Blvd.
Charlotte, NC 28273
Authority
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The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33 U.S.C. 1344).
Location
The proposed project is located at the site of the existing Vulcan Materials Company Cabarrus
Quarry west of Concord on the north side of Poplar Tent Road (SR 1394) just west of the
intersection with Interstate Highway 85. The project site is also bounded on the north by Cessna
Road, on the west by Akins Road and on the east by Goodman Road. The project is in west
central Cabarrus County at approximately 35.4120 degrees north latitude and 80.7031 degree
west longitude and is in the Yadkin River Basin, Hydrologic Unit 03040105.
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Existing Site Conditions
The Vulcan Materials Cabarrus Quarry facilities occupy a total of approximately 311 acres. All
but the northernmost 85 acres have been disturbed as part of the existing mining operation.
Aquatic resources of the site include an undisturbed intermittent stream channel segment (Stream
A) with adjacent wooded wetland (Wetland AA) in the southeast corner of the existing mined
area. This channel segment is 244 feet long. The wetland is vegetated with sweet gum, red
maple and silky dogwood and is 0.49 acres in size. A 126-foot long segment of this channel and
a 0.33-acre portion of this wetland were previously filled under a Nationwide Permit 39
authorization issued in 2003. An existing perennial channel flows in a northerly direction
through the eastern portion of the mined area to the northern property line. From the northern
property line this stream continues approximately 1 mile to its confluence with Coddle Creek. A
second intermittent stream that lacks important aquatic function (Stream B) originates within the
85-acre un-mined area and flows east to the perennial channel. This intermittent stream segment
is 1348 feet long and has no adjacent wetlands. No portion of the existing quarry of the
proposed expansion area is located within a FEMA regulated floodplain.
Applicant's Stated Purpose
The purpose of the proposed work is to expand the existing crushed stone quarry operation into
known reserves. This expansion will also provide on-site storage for overburden and additional
stock pile storage areas within the site.
Project Description
The applicant proposes to discharge dredged or fill material into a total of 0.49 acres of wetland
(Wetland AA), 244 linear feet of intermittent channel with important aquatic function (Stream A)
and 1348 linear feet of intermittent channel lacking important aquatic function (Stream B). The
existing perennial channel will not be impacted by the proposed work and the northern 675 feet
will be provided with a 50-foot wide, wooded buffer. Cumulative impacts to aquatic resources
under the proposed new work and the previously authorized work will total 0.82 acres of wetland
and 1718 linear feet of intermittent stream channel. The applicant proposes to mitigate for
wetland and stream channel impacts through payment to the NC Ecosystem Enhancement
Program. Plans showing the proposed work are included with this public notice.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application fora 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
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may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
Apri123, 2007.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
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determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until Spm, April 23, 2007. Comments should be
submitted to Mr. Steven Lund, US Army Corps of Engineers, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006, telephone 828-271-7980 ext 223.
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VMC Cabarrus Quarry Expansion
Cerfinn dDd Tndividnal Permit Annlication PrOlect NO. 2006-1492
7.5 Minute Topographic Map Series, Kannapolis, North Carolina quadrangle, dated 1996.
Sgle 1:100,000
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Vicinity Map Courtesy of the U.S. Geological Survey SHEET 1 OF,).2~
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VMC Cabarrus Quarry Expansion
Section 404 Individual Permit Application Proiect No. 2006-1492
SHEET 2 OF~~`
S
Image Courtesy of the U.S. Geological Survey
7.5 Minute Topographic Map Series, Kannapolis, North Cazolina quadrangle, dated 1996.
Approximate Scale 1" = 2000'
Cabamis County GIS layers, dated 2UU1.
Approximate Scale 1" = 650'
' VMC Cabarrus Quarry Expansion
Section 404 Individual Permit Application Proiect No. 2006-1492
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