HomeMy WebLinkAbout20120632 Ver 1_Public Notice_201206262 ®120632
Dennison, Laurie
From Wallace Nancy SAW [Nancy Wallace @usace army mil]
Sent Tuesday June 26 2012 10 28 AM
Subject Notification of a Public Notice from Wilmington District Regulatory Division US Army Corps Of
Engineers (UNCLASSIFIED)
Classification UNCLASSIFIED
Caveats NONE
As you requested you are hereby notified that Wilmington District United States Army 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 http //www saw usace army mil /wetlands /notices /current notices html As with
anything you download from the internet be sure to check for viruses prior to opening The current notice
involves
PUBLIC NOTICE
ISSUE DATE June 26 2012
COMMENT DEADLINE July 26 2012
CORPS ACTION ID# SAW 2011 01762
PROJECT DESCRIPTION The Wilmington District U S Army Corps of Engineers has received an
application from Ummm Corporation Rolf Pippert seeking Department of the Army authorization to impact
1 376 linear feet of unnamed tributaries to Brushy Creek associated with the expansion of the existing West
School House Mine Spruce Pine Mitchell County North Carolina
POC Tasha McCormick telephone (828) 271 7980 ext 226
Expiration Date 5 00 p in July 26 2012
Classification UNCLASSIFIED
Caveats NONE
2®12(632
®" PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date June 26 2012
Comment Deadline July 26 2012
Corps Action ID # SAW 2011 01762
The Wilmington District Corps of Engineers (Corps) has received an application from Unimin
Corporation Rolf Pippert seeking Department of the Army authorization to impact
approximately 1 376 linear feet of stream for the expansion of the existing West School House
Mine pit Spruce Pine Avery 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 Unimin Corporation
Mr Rolf Pippert
7638 Highway 226 South
Spruce Pine North Carolina 28777
AGENT (if applicable)
Authority
ClearWater Environmental Consulting
Ms Rebekah Newton
224 South Grove Street Suite F
Hendersonville North Carolina 28792
The Corps will evaluate this application and decide whether to issue conditionally issue or deny
the proposed work pursuant to applicable procedures Section 404 of the Clean Water Act (33
U S C 1344)
Location
The project area is located within the West School House Mine site northeast of downtown
Spruce Pine north of Brushy Creek Road Avery County North Carolina (35 951697 N
81 989184 W)
Existing Site Conditions
The project site is approximately 128 acres that consists of an operational mine a reclaimed
mine and forested areas The site is relatively steep with elevations ranging from 2 765 feet to
2 862 feet above mean sea level (MSL) The streams on site are bordered by riparian forest This
habitat is varied and contains mesophytic and hydrophyt►c species There are approximately
2 094 linear feet of stream channel within the project boundary In general these tributaries flow
north to south and eventually into Brushy Creek and the North Toe River The stream channel is
between two existing mines (one active and one inactive) Streams within the project boundary
include unnamed tributaries to Brushy Creek which is a tributary to the North Toe River The
North Toe River flows into the Nolichucky River which is a tributary to the French Broad River
The unnamed tributaries are classified by the NC Division of Water Quality (DWQ) as class C
Tr waters The streams proposed for impact are 1 376 linear feet of perennial stream that has
been impacted by sediment The channels are incised and do not support macro invertebrates
Applicant's Stated Purpose
Based on the information provided by the applicant the basic project purpose of the proposed
project is to mine and process quartz More specifically the overall project purpose of the
proposed project is to expand existing mining operations into areas with large volumes of ore so
processing of quartz can continue
Project Description
The proposed project will allow for expansion of the existing mine pit and access to a large
volume of ore at the existing West School House Mine facility The expansion will impact 1 376
linear feet of stream channel The applicant proposes to mitigate at a 1 1 ratio in the form of
payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) for 1 376 linear feet
of stream channel impacts By letter dated May 22 2012 NCEEP has indicated they are willing
to accept payment and provide mitigation for the proposed impacts The impacts are located in
the French Broad River Basin (HUC 06010108) and NCEEP has indicated they have credit
available in the same basin
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 for a 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
may be reviewed at the NCDWQ Central Office 401 Oversight and Express Permits Unit 512
North Salisbury Street in Raleigh North Carolina 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) 1650 Mail
Service Center Raleigh North Carolina 27699 1650 Attention Ms Cyndi Karoly by
July 26 2012
OA
In addition this project may be located in a watershed subject to Tennessee Valley Authority
(TVA) permit requirements pursuant to Section 26a of the TVA Act This Public Notice and all
application materials are being forwarded to Cherokee, Douglas, Nolichucky, and French
Broad, 3726 E Morris Boulevard MOC IA MOT Morristown TN 37813 1270 and Boone,
Bristol Protect, Fort Patrick Henry, South Holston, Watauga, and Wilbur, 106 Tri Cities
Business Park Drive WTR IA GRT Gray Tennessee 37615 Questions or comments regarding
Section 26a permit requirements should be directed to the above address or by called (800) 882
5263
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson Stevens Fishery Conservation and Management Act The Corps initial determination
is that the proposed project will not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service
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 is not aware of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA)
within the project area A final determination on the effects of the proposed project will be made
upon additional review of the project and completion of any necessary biological assessment
and /or consultation with the U S Fish and Wildlife Service
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
3
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
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 5pm July 26 2012 Comments should be
submitted to Tasha McCormick Asheville Regulatory Field Office 151 Patton Avenue Room
208 Asheville North Carolina 28801 5006
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Henderson the Nortlt Carohna 28792
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Avery County CLearWater Site Vicinity
North Carolina Figure I
224 South Gro,e Street Suite F
Henderson the Nortlt Carohna 28792
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Project Data ` f
Total Project Area 128 AC y
Jurisdictional Waters of the US `
Streams 2 094 LF h
Wetlands 0 AC
Open Water 0 AC r
Jurisdictional Impacts t
Streams 1 376 LF
Wetlands 0 AC
Open Water n/a
Avoidance/Minimization r t x
Streams 718 LF r
Wetlands 0 AC
Open Water n/a
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Mitigation }
Streams 1 376 LF Slit
Wetlands 0 AC 0 250 500 10'00 1 500
Open Water n/a Feet
Drawn by RLN 0514 12
Avery County ClearWater Unirnin School House Mine
North Carolina Pit Expansion Site Plan
224 South Grove Street Suite F Figure 4
Hendersonville North Carolina 29792