20081555 Ver 1_Public Notice_20081010

NOTIFICATION OF A PUBLIC NOTICE FROM WILMINGTON...
Subject: NOTIFICATION OF A PUBLIC NOTICE FROM WILMINGTON DISTRICT REGULATORY DIVISION, U.S.
ARMY CORPS OF ENGINEERS
From: "Robinson, Gwendolyn M SAW" <[e-mail]>
Date: Thu, 9 Oct 2008 10:57:53 -0400
BCC:
The Action ID No. for the Shelter Creek Quarry Public Notice sent yesterday is incorrect. Instead of SAW-2008-01902
the correct number for comments is SAW-2008-01720. I've attached a copy of the correction.
Content-Description: PubNotSAW-2008-01720-Shelter Creek
Quarry.doc
PubNotSAW-2008-01720-Shelter Creek Quarry.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 10/9/2008 3:23 PM
[IMI
US Army Corps
Of Engineers
Wilmington District
08-1555
PUBLIC NOTICE
Issue Date: October 8, 2008
Comment Deadline: November 10, 2008
Corps Action ID: SAW-2008-01720
The Wilmington District, Corps of Engineers (Corps) has received an application from Shelter
Creek Quarry, LLC seeking Department of the Army authorization to discharge fill material into
44.84 acres of wetlands for the expansion of an existing limestone quarry located northeast of
Burgaw, Pender 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.armymil/wetlands
Applicant: Mr. Steve Holland
Shelter Creek Quarry, LLC
8315 NC Highway 53 East
Burgaw, North Carolina 28425
AGENT (if applicable): Mr. James Taylor
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, North Carolina 28412
Authority
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
(CWA).
Location
The project area is adjacent to Holly Shelter Creek and is located on the southern side of N.C.
Highway 53, south of Angola Bay, west of Old Maple Hill Road, northeast of Burgaw, Pender
County, North Carolina. (latitude 34.63206and longitude -77.74502).
The wetlands on the property are adjacent to Holly Shelter Creek, which is a traditional
navigable water of the U.S.
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 8, 2008
Comment Deadline: November 10, 2008
Corps Action ID: SAW-2008-01902
The Wilmington District, Corps of Engineers (Corps) has received an application from Shelter
Creek Quarry, LLC seeking Department of the Army authorization to discharge fill material into
44.84 acres of wetlands for the expansion of an existing limestone quarry located northeast of
Burgaw, Pender 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: Mr. Steve Holland
Shelter Creek Quarry, LLC
8315 NC Highway 53 East
Burgaw, North Carolina 28425
AGENT (if applicable): Mr. James Taylor
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, North Carolina 28412
Authority
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
(CWA).
Location
The project area is adjacent to Holly Shelter Creek and is located on the southern side of N.C.
Highway 53, south of Angola Bay, west of Old Maple Hill Road, northeast of Burgaw, Pender
County, North Carolina. (latitude 34.63206and ;ongitude -77.74502).
The wetlands on the property are adjacent to Holly Shelter Creek, which is a traditional
navigable water of the U.S.
Existing Site Conditions
The project area is approximately 375 acres and consists mainly of managed game land, wooded
wetlands and the first phase of the limestone mining operation. According to the Pender County
Soil Survey, the property consists mainly of Muckalee loam, Woodington fine sandy loam,
Pactolus fine sand and Foreston loamy fine sand. The entire project area is located within the
100 year flood plain of Holly Shelter Creek.
Most of the uplands in the project area are managed for game species like white-tailed deer, wild
turkey, rabbits and bob white quail. There are also two impoundments on the property that
provide habitat for ducks and geese.
There is 72 acres of mostly uplands located in the northern half of the property that is in the
process of being mined or being prepared for the purpose of mining. A ditch is located along the
southern half of the western property boundary. Water is pumped into this ditch from the mining
pits to hydrate the wetlands located off the property. A nationwide permit 39 (Action ID No.
200400613) was utilized to impact 0.102 acres of wetlands for the area currently being mined.
There are approximately 166 acres of wetlands on the property. There are five isolated wetlands
that total 3.14 acres in size. These wetlands are labeled as BB, CC, H, J, and K on the map
labeled as attachment 1. Wetland BB is an herbaceous wetland that is currently being mowed
and was used in agricultural production several years ago. The other isolated wetlands are
forested and consist mainly of loblolly pine (Pinus taeda), red maple (Ater rubrum), wax myrtle
(Morelia cerifera) and fetterbush (Lyonia lucida).
There are approximately 162 acres of DA jurisdictional wetlands that are adjacent to Holly
Shelter Creek. These wetlands are mostly forested, with the exception of B, F, and G. Wetlands
A, C, and D are seasonally saturated and can be described as pocosin and wet flat wetland types
consisting mainly of loblolly pine (Pinus taeda), red maple (Ater rubrum), wax myrtle (Morelia
cerifera) and fetterbush (Lyonia lucida). Wetland EE and DD are seasonally inundated and can
be described as non-riverine swamp forests consisting mainly of bald cypress (Taxodium
distichum) and sweet gum (Liquidambar styraciflua). The remainder of the jurisdictional
wetlands are semi-permanently inundated and can be described as bottomland hardwood and
riverine swamp forest consisting mainly of (Taxodium distichum), swamp black gum (nyssa
biflora), and water oak (Quercus nigra). There are also 2 man-made waterfowl impoundments
that are labeled M, HH, and KK.
The surrounding land use currently consists of NC Highway 53 and Angola Bay to the north and
Holly Shelter Creek and wooded undeveloped land to the south, east and west of the property.
Applicant's Stated Purpose
To expand an existing limestone quarry. (See Attachment C)
2 Version 12/12/05
Project Description
The applicant proposes to create, cultivate and maintain a limestone rock quarry, which would
involve mechanized land clearing, excavation of soil and the extraction of limestone from 179.5
acres of land, including 44.84 acres of DA jurisdictional wetlands. Some of the overburden
would be used to construct berms and roadways.
Phase 1 is currently in the process of being mined and is anticipated to be mined out in 12-14
years. Phase 1 was authorized in 2006 (Action ID# 200400613) and the mining operation
opened in 2007.
The entire project would be mined in 4 phases, referenced as Phase IA, 113, 11A and 1113 (as
shown on the attached map labeled Attachment B). The first phase (Phase IA) is located west of
the entrance road and the existing operation and would impact 17.7 acres of wetlands. A ditch
would be excavated along the western property boundary and would be used to convey surface
water to hydrate the wetlands located off-site.
The second phase of the mining operation would be Phase 11A, which is located to the east of the
entrance road and the existing operation. This phase would impact 11.4 acres of jurisdictional
wetlands.
The third phase of the mining operation would be Phase 1B, which would be located south of
Phase [A in the southwestern portion of the property. This phase would impact 2.84 acres of
jurisdictional wetlands.
Phase IIB would be the final section of the quarry and would be located to the south of Phase I1A
in the southeastern portion of the property. This phase would impact 12.9 acres of jurisdictional
wetlands.
The pump water collection system has been developed as part of Phase I and is currently in
operation. Water from the pits Would be pumped to a horseshoe pond. Water from the
horseshoe pond would then be pumped to a level spreader pond that would discharge into the
large wetland area located in the south-central part of the project area. (Refer to Attachment E).
As required by the mining permit for the existing operation, ground-water monitoring wells have
been installed on-site and off-site. Refer to Attachment D for the locations of the monitoring
wells.
The applicant plans to avoid impacts to Holly Shelter Creek and 119 acres of bottomland
hardwood/riverine swamp forest wetlands located in the south-central part of the project area.
To mitigate the wetland impacts, the applicant plans to preserve the 119 acres of wetlands and
create wetlands in the project area as part of the mine reclamation process.
Version i 2/ 12/05
A more detailed project description and alternatives analysis has been provided and is described
in Attachment C.
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 wilt 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, 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),
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
November 3, 2008.
The applicant has not provided to the Corps, a certification statement that his/her proposed
activity complies with and will be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2), the Corps
can not issue a permit for the proposed work until the applicant submits such a certification to
the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM
notifies the Corps that it concurs with the applicant's consistency certification.
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.
Version 12/12/05
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
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.
Version 12/12/05
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm November 10, 2008. Comments
should be submitted to Ronnie Smith at P.O. Box 1890, Wilmington, NC 28402 or
[e-mail].
Version 12/12/05
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50utkern Environmental Group, Inc.
5315 South College Road, `J' uite E.. Wilmington, North Carolina 28+12
910.452.271 I • rax: 910.452.2899
www.segi.us
Individual Permit Application
for
Shelter Creek Quarry, LLC
tj" 14, 2008
Applicant j . z ? R . ".
Shelter Creek Quarry, LLC
8315 N.C. Highway 55 East
Burgaw, North Carolina 28425
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (Office)
910.452.2899 (Facsimile)

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,'T111t` t't11t'I"), 112 .tTa 1Ell1ii+LEC1dITli'Jat> f? ?1d1`tLt [-)'C'TT7?iiT11C"tl 1Ci lilt'
o '
? ry
?irc tha.asc utilized PayVAwitcaiiled decr ((ldocoilcus vii-;inietraar), wild ttirkcy
rahl)OS (SAvANuA sppr m d hoh weWtc quail t(°+slrnia W,nmior.v) IN,
i ? mualclrtle'rtt, Awh "wN caalstructcd in upland% p;am k es hahit at tiar duAs and t":anaeiW gene°duno <`etratlxh'Pt,ho Ncgwg ho\CN "tic mAallc'd w }w)WC as tiati: 11!1r03 f0f rw00( chic `s t:it_w
q 'r111i1) N, lal t icn-
I €14. Kidd tlttnmg 4l has my Imated on tlal",marth@m half o Te? sul test pr,qui' y, hnpaciv which
hove occurred in this ,area include° 0 lit? .acre of ww',v Lmd impaus io ni n made charmed.
lac rnlitta d under a tiatANdc pcnnh 39 a swd on ltt June 2006 l,lct on WO "'ttat.ttt{its I
rAlt;Ich en:t I l Wetlands surrouraelmg Ic initial brit, loth on- and of'-site, are being, nanrlitorcil
i"r impacts that =3 he ,amonawd w 0h Me nmmny clt`m.. I he ApMWam 4 she Man "w,
ale airle°, to prcvLmt aClef or lnittgxc Wr at;rpioN A, datt,de• and ++1 4he wwe-tl.uran AMA a+piral !
io .?r roou thc none.
rN°vi taanal S1, sit, IIis
1k cilands locatcd within ilxv proposed proictA include liaaar iwjics? wwct llat; Poca?sin: l)catton ltuld
hsanlwwarod forest; and:wwantl/ fiate:,t.
x rW. 4 9r,"r'i:rf eIMr,' wn Est ar a':rand 7 )sr'r COO"
kcItcr Crcck 0-arry IF 171271 5E-Gi
Wet Flat
Wet flats are wetlands located on relatively level areas on interstream divides in the Sandhills
and within the Coastal Plain. These areas are seasonally saturated or inundated by a high or
perched water table, but the water table can be more than three feet below the surface during the
summer months. The wet flat located on-site is classified as a loblolly pine subtype, and the
dominant tree species include loblolly pine (Pinus taeda), red maple (Ater rubrum), and
sweetgum (Liquidambar styracij%a). Shrubs found on-site included fetterbush (Lyonia lueida),
ink berry (Ilex glabra), and sweet pepperbush (Clethra alnifolia). Laurel-leaf greenbriar (Smilax
laurifolia) occupies the vine stratum. The soils were characterized as a sand with high organic
content in the surface and were mapped in the Pender County Soil Survey as'Muckalee loam (US
Department of Agriculture - Soil Survey, Pender County, North Carolina). This soil series is
included on both the National List of Hydric Soils, and the Hydric Soils List of North Carolina .
The primary functions provided by loblolly pine wet flats are flood water retention and habitat.
This wetland "stores" rainfall, due to a lack of topography, and allows stormwater to slowly
infiltrate the soils, eventually reaching groundwater, streams, and/or ponds. While loblolly pine
wet flats do not typically include habitat for rare species, they are valuable as habitat for other
species, in that they provide resting and foraging areas for mammals, including: white-tailed
deer, rabbits, black bear (Urus americanus), gray fox (Urcyon cinereoargenteus), red fox
(Vulpes vulpes), raccoon (Procyon lotor), opossum (Didelphus virginiana), and gray squirrel
(Sciurus carolinensis). Avian species that may utilize this type of system include: wild turkey,
and an array of song birds such as the pine warbler (Dendroica pinus,) and Carolina wren
(Thryothorus ludovicianus). Reptiles seeking shelter from larger species, and searching for prey,
may include: copperheads (Agkistrodon contortrix), rat snakes (Elphae obsoleta), and box turtles
(Terrapene carolina).
Pocosin
Pocosins are similar to wet flats, but are characterized by extremely dense, nearly impenetrable
thickets of shrubs and vines. There are two subtypes of the pocosin found in southeastern North
Carolina, short and tall. The type found on-site is the tall pocosin subtype, characterized by
12.
`jkcItcr Crcck Quarry IF 181271 S E-6 I
vegetation of normal height and organic layers of one foot or less. Pocosins are typically found
on poorly-drained interstream divides and depressions, are seasonally saturated or inundated, and
have a thick organic surface over mineral soils.
The dominant plant species by stratum include pond pine (Pinus serotina), sweet bay (Magnolia
virginiana), red bay (Persea borbonia), and loblolly pine in the canopy; fetter bush, gall berry
(Ilex coreacea), sweet pepperbush, and blueberries (Yaccinium spp.) in the shrub layer; and
laurel-leaf greenbriar in the vine stratum. Mineral soils (sandy loam) overlain with thick organic
material are found in this area. The Pender County Soil Survey describes this soil series as
Muckalee loam, a hydric soil per the National Hydric Soil List and on the Hydric Soils of North
Carolina List.
Pocosins function to provide water storage and wildlife habitat by providing excellent escape
cover and an extensive berry crop. Mammals utilizing this system could include black bear,
bobcats (Fells rufus), white-tail deer, red fox, gray fox, eastern gray squirrel, and many other
small rodents and insectivores. The density of the vegetation would provide excellent nesting
habitat for neotropical migrants such as the pine warbler. Snakes, water moccasins (Agkistrodon
piscivorus), and copper heads could be found in this habitat, as could various small amphibians.
Bottomland Hardwood
Wetlands that border and grade into medium to large streams and rivers are typically of the
bottomland hardwood forest variety. The primary sources of hydrology for this type of system
are overbank flooding from the neighboring channel and groundwater flow to the stream. These
areas are irregularly to seasonally flooded and contain mineral soils usually with a mucky
surface, described as a hydric Muckalee loam in the Pender County Soil Survey (US Department
of Agriculture - Soil Survey, Pender County, North Carolina).
Vegetation typically found in the bottomland hardwood forests on the subject property include:
red maple, sweet gum, green ash (Fraxinus pennsylvanica), and water oak (Quercus nigra) in the
canopy; and poison ivy (Toxicodendron radicans) and laurel-leaf greenbriar in the vine stratum.
Cinnamon fem (Osmunda cinnamomea), giant cane (Arundinaria gigantea), netted chainfern
(Woodwardia areolata), and saw palmetto (Sabal minor) are found in the herb layer.
f3
5kc1tcr CrceL Quarr3 IF W27)
5E-6I
Functions and values associated with bottomland hardwood forests include flood retention,
pollutant removal, erosion reduction, nitrogen and phosphorus reduction, and habitat for aquatic
and terrestrial species commonly found in southeastern North Carolina. The thick vegetation
found in these areas helps to slow flood waters, which in turn allows sediments and pollutants to
filter out. The pollutants can then be absorbed into and, depending on the pollutant, bound to the
soil. In addition, slowing flood waters (i.e., reducing the velocity) reduces the flow energy in the
system and reduces, or prevents, destruction of the channel that may be caused by erosion.
Mammals that would utilize this area for foraging habitat may include the raccoon and opossum.
The water moccasin may frequent this area, as well as water snakes (Nerodia spp.), and yellow
bellied sliders (Trachemys scripta). Avian species which may utilize this area include
prothonotary warbler (Protonotaria citrea), pileated wood pecker (Dryocopus pileatus), barred
owl (Stria varia) and wood duck.
Swamp Forest
Swamp forests, one of the most recognizable wetland types due to the presence of large cypress
trees and little to no under story species, is a common wetland type along rivers in backswamps,
sloughs, and oxbows in the Coastal Plain. These areas are seasonally to semi-permanently
flooded to depths of up to several feet by stormwater flows, overbank flooding, and/or high
groundwater levels.
Common vegetative species include bald cypress (Taxodium distichium), swamp tupelo (Nyssa
sylvatica var. biflora), and red maple. Under-story vegetation is usually only seen during drought
conditions. In these cases, netted-chain fern (Woodwardia areolata), cinnamon fern (Osmunda
cinnamomea), and laurel-leaf green brier may begin to invade.
The functions and values and habitat utilization for swamp forests is very similar to those
associated with bottomland hardwood forests. Rood ducks may utilize these are for nesting
habitat, but the lack of mast producing species would limit its value for foraging. A frequent
resident of swamp forests is the crawfish (Procambarus spp.), a significant prey species for
raccoons and opossums. Beaver (Castor canadensis) and otters (Lutra canadensis) are
commonly found in swamp forests.
to

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56c1tcr Creek Quarry IF 11 11271
5F 6 1
Holly Shelter Creek and Water Source
Holly Shelter Creek forms the southeastern property boundary of the project area. It is a third
order, perennial stream, with a well-defined channel, approximately 18-feet wide. The ordinary
high water mark is characterized by a defined impression in the bank, destruction of terrestrial
vegetation, presence of a litter and debris, and a wrack line. Holly Shelter Creek is large enough
to support a moderate benthic community. Six taxa of Crustacea, eight taxa of Mollusca, various
fish species, and an American alligator (Alligator mississippiensis) were documented during the
2004 assessment for the Cape Fear River Basin Report. The channel has a water quality
classification of C, Sw. The "C" classification indicates that the stream is suitable for secondary
recreation, which includes: fishing, aquatic life propagation and survival, and wildlife. It is not
recommended for Class C water to come in contact with the human body. The "Sw"
classification characterizes the channel as a swamp water with low velocity. Land use in the
Holly Shelter Creek watershed is primarily silviculture, agriculture, and State owned game lands.
There is very little residential development in this area.
The main source of potable water in the North Carolina coastal plain is ground water, as it can be
used in many parts of this area with minimal treatment. As a result, ground water is relatively
less expensive when compared to other sources. The proposed project is situated above the
Black Creek Aquifer. The Black Creek Aquifer is a huge reservoir located beneath more than
fifteen coastal counties. The aquifer supplies water to communities such as Greenville,
Jacksonville, Kinston, New Bern, and Rose Hill. This aquifer is present at elevations 317 to
-1207 feet, averaging-135 feet. It ranges from 18 to 972 feet thick and averages about 175 feet
thick (NC Division of Water Resources). Due to low permeability, the Black Creek Aquifer is
slow to recharge, and growth in this region has surpassed the aquifer's ability to recharge itself
naturally. In addition, as water is drawn out of the aquifer, the pore spaces it occupied collapse
and the storage capacity is further reduced. The Black Creek Aquifer has been labeled as
endangered by the North Carolina Division of Water Resources (DWR) and withdraws of greater
than 10,000 gallons per day require registration, or for significant withdrawals, permitting is
required.
llo
5hcitcr Crcc? Quarr3 IF 1121271
SEGO
Threatened and Endangered Species
There are no known occurrences of federally-listed or state-listed species within the project area.
Correspondence with the Natural Heritage Program (NHP) confirmed that there were no known
occurrences of Federally or State listed threatened or endangered species within 2 miles of the
proposed project. (Attachment 3) The only species identified within two miles of the project site
was the American alligator. It is listed as threatened due to similarity of appearance, which does
not afford this species any special protection. A site survey for listed species or potential habitat
was conducted by Mr. Adrian Moon of Walton Engineering in January 2006. He did not locate
any listed species or their habitat (Attachment 4). A second survey was conducted by Ms. Angie
Pennock, of Southern Environmental Group, Inc., in May 2007. She observed longleaf pines
(Pinus palustris) and loblolly pines that were approximately 8 to 10 inches in diameter, and were
surrounded by a thick, shrub under story. No cavities or birds were noted on site. No
appropriate habitat for other listed species was noted on-site during the second survey.
The NHP has identified a Significant Natural Heritage Area in Angola Bay, northwest of the
proposed project. According to the email dated 08 February 2007 (Attachment 3), from Ms.
Misty Franklin of the NHP, Angola Bay bas been identified as one of the largest, undivided
peatland habitats in the state. It contains both short and tall pocosin types. According to the
NHP Inventory of Pender County, Angola Bay is an approximately30-square-mile domed
pocosin. This type of community is found only in the Coastal Plain of North Carolina. Most of
this area is owned by the NC Wildlife Resources Commission. No evidence has been found to
suggest the presence of eligible archaeological or historic resources on this property.
1-1
A4+zI_UIW..e-I+- (:?-'
5} clter Creek Quarry IP ( 13/27)
SEGO
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Figure 7: Location Map of the Significant Natural Heritage Area (provided by the NHP via email dated 08
Project Description
The applicant is proposing to expand an existing mine, The Shelter Creek Quarry. Work at this
site began in 2007, when the first cell was opened. The first area to be mined was in the
northwest corner of the site. In order to obtain the maximum amount of available limestone, the
applicant would be required to impact approximately 46.92 acres of jurisdictional wetlands. The
majority of these areas are wetland pockets and fingers which extend out from larger systems.
Due to the configuration of the on-site wetlands, the mine cannot be expanded without some
wetland impact.
The entire quarry would be mined in 4 phases, referenced as Phases IA, IB, IIA, and IIB (labeled
on the impact map as P.IA, P.IB, P.IIA, and P.IIB). The first phase (identified as Phase IA) lies
to the west of the existing dirt entrance road. The northernmost cell is currently open.
Approximately 0.102 acre of wetland, found in the bottom of a man made channel, was permitted
under a Nationwide Permit 39, for portions of Phases IA and HA (Attachment 1 ). The
)8
jhelter CreeL Quarry Ir 114/271
SE-6i
Nationwide Permit was signed by Ms. Lillette Granade on 10 June 2006. A corresponding
General Water Quality Certification 3402 (Project No. 060943) was issued on 26 July 2006 by
Ms. Joanne Steenhuis (Attachment 5). Currently, the perimeter of Phase I A circumvents
marginal wetland pockets. This is not the most efficient quarry configuration, as valuable
limestone may be left in the ground. Said limestone would be attainable with a less convoluted
footprint. Impacts requested for Phase I A, associated with this Individual Permit request, would
be to expand the currently permitted footprint, so that the mine edges would match the setback
requirements. Current proposed wetland impacts for the expansion of this phase are referred to
as A, B, C, and D (Attachment 6), and total approximately 17.7 acres.
The pump water collection system has been developed as part of Phase IA, and is currently in
operation. The-pump water collection system pumps water to the Horseshoe Pond, where the
water's chemistry and clarity are tested. If necessary, additives will be dispersed in the water as
remediation. The water then discharges into the Level Spreader Pond, where the water level is
regulated by triple gate valves. If necessary, the water quality can be inspected in this reservoir.
The water is then released through the valves to the large central wetland system. The plan for
this system can be found in the Hydrology Monitoring Plan (Attachment 7).
The second phase of the mining operation would be Phase ILA. Wetland impacts associated with
this phase, which is found to the east of existing entrance road, were authorized under the same
permit as Phase IA. Again, the original mining footprint was designed to circumvent most
marginal wetland areas. The applicant would like to alter the existing footprint, so that the
revised footprint would match the required setbacks. This would grant the quarry operators to
access additional limestone, and is the same scenario as Phase IA, described supra. It is
anticipated that Phases IA and IIB, as currently permitted, would be mined out in 12 to 14 years
(See Attachment 1). The proposed wetland impacts associated with the expansion of Phase IIA
are labeled as AA, BB, CC, DD, and EE, and total approximately 12.18 acres.
The third phase, IB, is found to the south of IA. No part of IB has been authorized to date, and
wetland impacts in this phase include those to areas E, F, G, and H. The proposed impacts for
Phase IB total approximately 4.4 acres of jurisdictional wetlands. The mine operators would
prefer to commence activities on Phase IB only after the completion of Phase IIA, as they feel
14
`jhelter CreeL Quarry IF (151271
SEGO
this would be the most efficient manner to utilize the mobile crusher and pump. In addition, it
would reduce any potential access issues to Phase IB. Reclamation of each Phase would be
completed as soon as mining activities at that location have ceased.
Phase IIB would be the final section of the quarry, and is to be located to the south of Phase ILA.
Proposed wetland impacts associated with Phase IIB include those areas labeled FF, GG, HH, II,
J1, KK, LL, and MM, which total approximately 12.64 acres. After the final shaping and
remediation of Phase IIB, the Shelter Creek Quarry would be closed. The resulting pits and
freshwater reservoir could potentially be used by the citizens of Pender County.
There are no impacts proposed to Holly Shelter Creek. The quarry developers are committed to
retaining the natural condition of this creek. A buffer along this channel will be maintained and
no impacts are proposed within fifty (50) feet of the stream.
..+:yvl•, ,.d;,.• _ ''}taproposed'mpacts
"
t X
Project Phase Type of Impact Area (acres) Wetland Tags
I A Excavation / Fill 17.7 A, B, C, and D
I B Excavation / Fill 4.4 E, F, G, H, and I
II A Excavation / Fill 12.18 AA, BB, CC, DD, and
_ EE
II B Excavation / Fill 12.64 FF, GG, HH, II, JJ,
KK, LL, and MM
_
Total s'z j t ,R: X46 92 * ; ; p I?,,? ,ci sr.
r,.. ,• !L
Table 1. Summary of proposed impacts for the mining project.
Sequence of events
The applicant would like to begin work on Phase IB as soon as Phase IIA has been completed. It
is anticipated that this will occur sometime within the next 7 years.
The construction sequencing will remain consistent for each phase of the mine. The necessary
berms and stormwater diversion structures will be constructed first, then connected to the
existing systems. Silt fence will be installed in upland areas, adjacent to wetlands that are not
proposed to be impacted. Overburden will be removed, then used to construct on-site features,
5-0
Jhciter (reek Quarry IF 11 6/271 5 E-61
roads and berms. Chain link fencing will be placed on top of all berms. Excess overburden will
be stored on upland areas within the project boundary. The excavation of the mining pits in each
section will begin with a sinking cut, down to a collection area, where a floating pump will be
installed. The perimeter of the initial hole will be expanded until the section has been mined to
the maximum extent possible. The final conformation for each pit will be constructed and
graded, with any excess overburden being placed in the bottom of the pit. The final
configuration may include a littoral shelf, approximately 50 feet wide, grading from vegetated
shallows to swamp and bottomland hardwood forests. The equipment, including the mobile
crasher and pump system, will be moved to the next section and the process repeated. Please
note, each phase will be reclaimed as soon as mining has ceased in that phase.
Purpose and Need.
The purpose of the Applicant's proposed project is to expand an existing limestone quarry in
northeastern Pender County. The expansion of this quarry will provide various products for use
in this region, and other parts of North and South Carolina. This project is not water dependent,
in that there are potential alternatives that would not require the utilization of surface waters.
Limestone is a sedimentary rock, formed from the shells of ancient organisms. The organisms
responsible for the Cretaceous limestone deposits found at the mine site lived 140 to 65 million
years ago. At that time, this region of southeastem North Carolina was located beneath a shallow
sea. Under this Cretaceous limestone deposit, a bedrock of harder igneous and metamorphic
rocks are found. These are more similar to the strata found in the Piedmont. Since the species
necessary to form limestone are typically found in shallow seas and the rock strata of the
Piedmont is predominantly made of harder bedrock, the Coastal Plain is the best location to find
limestone.
Limestone is a softer stone than granite. For this reason, it is preferred for use in concrete and in
concrete mixers. According to Mr. Steve Dorenda, when granite is used in concrete mixers, it
quickly destroys the mixing apparatus. After each alternate load, the mixing truck must be
emptied and the mixer replaced. When limestone is used in place of granite, the damage to the
mixing apparatus is significantly reduced, and replacements are required at less frequent
911
Shelter Creek Quarry j r (171271
5r-GI
intervals. This constitutes a significant cost reduction for concrete companies, and is their
preferred method for mixing.
Many of the new homes, and other constructed buildings in southeastern North Carolina, are
built on slabs of concrete. Even in the event that a crawlspace is constructed beneath the
dwelling, concrete footers are required to support load bearing walls. In addition, concrete is
used in the construction of driveways, sidewalks, curbs and gutters, culvert pipes, and foundation
blocks. Another product of limestone quarries is rip rap. These larger stones are used on almost
every construction site in southeastern North Carolina, for stabilization and filtration, which
assists in preventing excessive sediments from entering the waterways.
The United States Geologic Survey (USGS) tracks mining activities nationwide, and records
important mining statistics for each state. Over the last ten years, crushed stone has accounted
for between 70% and 72% of all mined material nationwide, and North Carolina has ranked
between 8th and 10th for crushed stone production during this period. During this period,
crushed stone production has increased in all but three years.(Attachment 8) Mining is a
significant industry in our nation's and our local economy and infrastructure.
According to the USGS, in 1995, 16% of the mining operations in North Carolina were crushed
stone facilities. North Carolina has eight specific forms of rock utilized for crushed stone:
limestone; dolomite; calcareous marl; granite; traprock; quartzite; slate and volcanic cinder; and
scoria. In 1995, limestone was the second-most mined material, behind granite. In 2004,
crushed stone continued to lead the market in the North Carolina mining industry, and again, the
second highest rock mined for this purpose was limestone. While there have been slight
decreases in crushed rock production nationwide in three of the last ten years, there have been no
decreases in crushed limestone production in southeastern North Carolina.
2 ?-
jheltcr Crcck Quarry IF [ 18127)
SF G
MM o cl P.ercen„ ge _ - - gym:. - a - ., ..e cen a e J ge,<_

r
1995 72 9 +4.4%
1996 71 9 +2.2%
1997 72 10 +4.5%
1998 71 9 +5.3%
1999 70 8 +3.3%
2000 70 8 +3.9%
2001 70 9 +3.8%
2002 71 8 -1.2%
2003 71 8 -2%
2004 70 9 +4.6%
2005 70 8 +3.8%
2006 70 9 -1.2%
Table 2. North Carolina's ranking in crushed rock market over the past decade.
Currently there are three crushed stone quarries in southeastern North Carolina: the subject
quarry; one operated by Wells Limestone Mine in Duplin County; and the third, operated by
Martin Marietta Aggregated in Pender County. The mining permits for each of these facilities
may be expiring within the next six years (Steve Holland, personal communication). Historic
mines in the region have closed, including the East Coast Limestone mine, which was in
operation for 25 years, and was located on 250 acres to the north and northwest of NC 53. As
there are so few remaining mines in the area, there is a definite need for an additional mine in
this region.
The Shelter Creek Quarry is situated in an ideal location for a large limestone mine, as there are
confirmed substantial volumes of limestone present. The mine site is located in a rural,
extremely sparsely populated portion of Pender County. The increase in traffic and noise
associated with the mine will not impact many individuals. The neighboring properties are
owned by Mr. Steve Holland and the State of North Carolina. The lack of numerous adjacent
property owners makes the monitoring of these areas for potential secondary impacts a much
z3
kelter Creek Quarry IF 11 V271
SEGO
easier task, then if there were many, small, privately owned tracts. There are approximately 8.5
million tons of limestone in Phase IA and HA and an estimated 15 million tons under the entire
proposed mine site (Steve Holland, personal communication). This project could produce large
volumes of a highly sought-after commodity, and also may result in many new jobs in this
region.
Alternatives
The Applicant investigated other potential means of expanding the existing quarry, and has been
unable to find a practicable alternative that would achieve their goals and meet their stated
purpose.
No-Build:
The no-build alternative, or the alternative that would not require the construction of any
structures for the purposes of mining, would be to utilize a portable drill to reach the
limestone at various locations on the property. This is not a practicable alternative, as the
removal rate for the limestone would be so slow, it would preclude any marketability.
No action:
No action alternatives include those project designs that do not require the issuance of a
Department of the Army authorization. For this project, this would require the expansion
of the mine to have no additional wetland impacts. This not a practicable feat, given the
configuration of the wetland complexes found on the subject property. There is simply
not enough space between the remaining wetlands to effectively install an additional
mining area.
Another no action alternative is to tunnel down to the limestone, remove it, then ship the
limestone to another facility for crushing. There are tremendous, intrinsic safety hazards
associated with tunnel mining, including noxious/toxic gases and tunnel collapses. In
addition, the shallow nature of the water table in most of southeastern North Carolina
would preclude the excavation of tunnels to a depth necessary to reach the limestone. It
would not be financially prudent to ship the stone to an off-site company for crushing.
These reasons point to tunneling being an impracticable alternative.
l 91
jkeltercree? Quarry IF [20127]
• Other project designs:
sr-6i
The Applicant has reviewed several possible configurations for the'quarry expansion,
including leaving Phases IA and IIA as they are currently permitted, and eliminating one,
or both, of Phases IB and HB. The applicant has determined that leaving the project as
currently permitted, or eliminating any of the proposed new sections, would result in not
mining anywhere from '/- to %2- of limestone that can be mined outside of the bottomland
hardwood forest (that is proposed to be preserved as part of this project). Given the need
for this product, and the limited area from which it can be obtained, leaving a large
portion of the potential reserve in the ground would not be feasible for the applicant. In
addition, it would not allow the property owner, mine operator, or the management
company to realize the expected reasonable return or the full benefit of their financial
investment. For these reasons, the applicant believes that leaving the project as currently
permitted or eliminating the proposed new sections is not a practicable alternatives.
• Other project locations:
Another alternative that was discussed was the possibility of constructing the mine in
another location. This is not a practicable alternative, as the proposed project is the
expansion of an existing mine. It is highly unlikely that a site in this region could be
found, and mined, with significantly fewer impacts to aquatic resources than those
proposed. In addition, the Applicant would also incur a whole new set of start-up costs,
including: geological surveys; biological surveys; water table monitoring; purchasing the
additional property; purchasing additional equipment; and, constructing all new mining
infrastructure.
The optimum limestone conditions are limited to an area that stretches from northeastern
Pender County southwest to Brunswick County, and west to the fall line. Most of this
region is characterized by relatively flat topography and many acres of wetlands. Similar
to northeastern Pender County, western Brunswick County is extremely rural, though a
good portion of western Brunswick County is comprised of an area known as the Green
Swamp. The largest documented portion of high ground in this area is the current site of
a new landfill. It is unlikely that a mine could be constructed in the Green Swamp with
9?
Shcltcr Creek Quarry IF [21/27)
sr-Gi
less impact to aquatic resources, and it is unlikely the Applicant would propose a mine in
an area dedicated for use as a landfill. The western portion of this range is simply too far
from the major development zones along the coast. The cost of shipping the material
would make it less attractive to customers. Finally, moving the mine site from
northeastern Pender County to another location would not meet the Applicant's stated
purpose and need.
Minimization:
The current proposal requests impacts to wetlands that are predominantly marginal
examples of their type, and are either relatively small pockets, or the upper fingers
stemming from larger off-site wetland systems. The Applicant has worked diligently to
avoid the most functional wetlands on-site, namely the swamp forest located along Holly
Shelter Creek, and the large, 119.2-acre bottomland hardwood forest, found directly in
the center of the southeastern project area. The developers of this site are choosing to
utilize innovative measures to ensure the continued good health of the remaining on-site
wetlands, and neighboring off-site wetlands. According to the Hydrology Monitoring
Plan and the Operation and Maintenance Plan (Attachments 8 & 9), hydraulic barriers,
water cannons, and an innovative multiple gate discharge system will be utilized, to
ensure that neighboring wetlands will not be drained during those times when pumping
occurs in the pits. Closed ditches along the eastern and western property lines (3 feet
deep with 2:1 side slopes) will be excavated. The ditches will be flush with water at all
rimes, via a pump system. This will create a hydraulic barrier, which will prevent the
drainage of adjacent wetlands on the NC State Gamelands property or on Mr. Holland's
property. Water cannons will be used to spray water over remaining on-site wetlands,
with the exception of the large bottomland hardwood swamp. The large wetland
complexes on the southeastern side of the property, and along Holly Shelter Creek, will
be protected via the discharge system.
The drainage system mentioned supra should not be confused with a stormwater system.
The difference is, water in the discharge system originates from the mine pit, not from
precipitation events. A maximum volume of 2 million gallons per day may be pumped
s r.
kAter CrcA Quarry IP [zz/zy]
5r-6i
from the mine pits. As the site will be mined in phases, and each phase will be reclaimed
as it is completed, a maximum discharge of 500,000 gallons of water per day seems more
likely. The water will be pumped from the mine pit to the Horseshoe Pond, where
chemical testing will occur to ensure no contamination occurs. The water will then be
transported to the Level Spreader Pond. At the release point on the Level Spreader Pond,
the mine operator installed a triple gate value system, which will be used to control the
volume of water being released into the bottomland hardwood wetland. At maximum
discharge, this would result in approximately 4194 gallons of water being dispersed on
each acre of wetlands per day, which is less than half the volume that is discharged
through rainfall alone. And, due to the fact that sheet flow from the neighboring uplands
to the large wetland area will be eliminated, additional water will be necessary to
maintain this system. If too much water is entering the bottomland hardwood area, the
valves can be closed, and the water levels allowed to drop. In the event of a large storm,
the valves can be closed and pump turned off. This will allow the mine pit to hold the
additional influx of water, and will assist to mitigate the impacts of the flood. The flood
waters will slowly be pumped out, and mining activities will resume. Due to the fact that
the quarry expansion has been designed to avoid the most functionally valuable wetlands,
was designed to impact the least functionally valuable wetlands, and the expansion
provides for measures to ensure the health of the remaining on- and off-site wetlands, it is
the Applicant's sincere belief that the proposed expansion plan is the least
environmentally damaging, practicable alternative.
Proposed Compensatory Mitigation
On-site, in-kind mitigation is typically preferred for compensatory mitigation. The Applicant
proposes to create on-site wetlands as part of the mine reclamation process. Mr. Holland will.
also be preserving the large bottomland hardwood forest located on the southeastern side of the
property.
._-7
561ter Creek Quarry IF L231271
Adjacent Property Owners
sr-6i
Adjacent property owners include Mr. Steve Holland, the owner the neighboring single-family
residence, and the North Carolina Wildlife Resources Commission. Both of their contact
information can be found below:
Mr. Steve Holland
8315 NC 53 East
Burgaw, North Carolina 28425
Other Authorizations
North Carolina Wildlife Resources Commission
Wilmington District
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
The proposed project will require other permits, most of which have been obtained:
Type g Da a sgr'p1t Fo
Pender County Special Use Permit County Board of Conunissioners December 8, 2005 (I)
Game Land Use Permit NC Wildlife Resources Commission November 3, 2006 (1)
NPDES Permit (NCG020000) NC Division of Water Quality February 28, 2007 (I)
401 Certification (General #3402) NC Division of Water Quality July 26, 2006 (1)
Nationwide Permit (NWP # 39) US Army Corps of Engineers June 10, 2006 (1)
Mining Permit (7145) NC Division of Land Resources February 26, 2007 (I)
The NPDES, 401, Nationwide, and Mining Permits were issued only for the currently approved
Phases IA and 11A. Additional documentation likely to be required for the expansion of the
existing mine may include a CAMA Consistency determination and additional 401 Water
Quality Certification, among others.
29
5kckcr CreA Quarr'q IF [24127] SF-Gi
Citations
2006 Census Data. US Census Bureau. 7 May 2008. <www.pender-
coup .com/hampcorp/Population%20Estimates%20June%202007%20 3 .vdf>
Aquifer Characteristics, NC Aquifers. NC Division of Water Resources. 21 December 2007.
<www.newater.oriz/Education and Technical Assistance/Ground, Water/AquiferCharacteri
stics/h
National List of Hydric Soils. US Department of Agriculture. 7 May 2008.
<soil.usda.gov/use/hydric>
The Mineral Industry of NC. US Geologic Survey. 7 May 2008.
<minerals.usgs. 2ov/minerals/pubs/state/2001 /ncstmvb0l .pdf>
US Department of Agriculture, NC DNR & Community Development, ET AL. Soil Survey of
Pender County. US Government Printing Office, April 1990.
1.9
jheiter Creek Quarry IF 1251271 5EG
Attachments & Figures
Attachment 1. Nationwide Permit 39 (issued 10 June 2006 for Phases IA & IIA)
Attachment 2. Letter from Floyd Williams (regarding sinkholes)
Attachment 3. Email from National Heritage Program (dated 8 February 2007)
Attachment 4. Letter from Walton Engineering (regarding site survey)
Attachment 5. 401 Water Quality Certification (issued 26 July 2006 for Phases IA & ILA)
Attachment 6. Mineable Area Map (provided by Walton Engineering)
Attachment 7. Hydrology Monitoring Plan
Attachment 8. Mineral Industry of NC (information on mines in NC)
Attachment 9. Operations & Monitoring Plan (prepared by Stephen Dorenda)
Figure 1. Data obtained from Pender County GIS
Figure 2. Data obtained from Pender County GIS
Figure 3. Data obtained from Pender County GIS
Figure 4. Data obtained from US EPA
Figure 5. Data obtained from Google Earth
Figure 6. Data obtained from NC Geologic Survey
Figure 7. Data obtained from National Heritage Program
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Revlelon Dero: 08/272008 Date: )WIW2008 8ule: t" a rox. = 600' Dra by, RM-TA T Prolsctk 200328
Enclosure 3a'
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TOTAL = 4.00 ACRES /-
POND = 2.44 ACRES +/-
VOLUME = 1.725,137 C.F. 1
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