19940706 Ver 1_COMPLETE FILE_19940802

low State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
September 1, 1994
Rockingham Sand Company
Mr. Claude E. Doyle
Route 4, Box 17
Martinsville, VA 24112
Dear Mr. Doyle:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand excavation
Project # 94706, COE # 199401566
Rockingham County
FILE Cop I
Attached hereto is a copy of Certification No. 2912 issued to Rockingham Sand Company
dated 1 September 1994.
If we can be of further assistance, do not hesitate to contact us.
Attachments
wgc2912
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files
?EHNR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
L----,._,.1-.
.ow
NORTH CAROLINA
Rockingham County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Rockingham Sand
Company in Rockingham County pursuant to an application filed on the 28th day of July of 1994 to
continue to mine sand from the Dan River of SR 2187 near Madison, N.C.
The Application provides adequate assurance that the discharge of fill material into the waters
of Dan River in conjunction with the proposed development in Rockingham County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections 301,302,303,306,307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction
related discharge (increases such that the turbidity in the stream is 25 NTU's
or less are not considered significant).
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. Unless
such demands are made, this Certification shall be final and binding.
This the 1st day of September, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
kqPston Howard, Jr. P. .
WQC# 2912
State of North Carolina
Department of Environment,
Health and Natural Resources / 0 t
0
Division of Coastal Management
.low
James B. Hunt, Jr., Governor ? E H N F?
Jonathan B. Howes, , Secretary
Roger N. Schecter, Director
August 10, 1994
I
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401566 dated
July 28, 1994 describing a proposed project by Rockingham Sand Company has circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 8/26/94. If you have any questions regarding the proposed project, please contact
me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
6ea l ,,,-?-
REPLY This office arts th project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
James B, Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
September 26, 1994
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
ILF.RMAI
?EHNR
a r O
In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. No. 199401566 dated July 28,
1994 which describes a project proposal by the Rockingham Sand Company of Martinsville,
Virginia. The project, involving instream sand mining by suction dredge, is located on the Dan
River, off of SR2187, east of Madison in Rockingham County.
During the course of the review, four cooperating agencies submitted comments. And
while there was no actual objection, agencies once again express concern over this activity.
Comments and the agency submitting each follow:
Division of Archives and History - the currently proposed sand removal should not
adversely impact their interest. However, that office is requesting the permittee be
notified that Slink Shoal Sluice and Wing Dams, a National Register Site, is adjacent the
project (re: joint memorandum of August 31, 1994). Permittee should exercise
necessary precaution to avoid inadvertent damage to that property.
Wildlife Resources Commission - expressed concern but offers the following
recommendations to help lessen impacts to fish and wildlfie resources:
1. Any wetlands on site or adjacent to the site should be protected from
disturbance or sedimentation.
2. A minimum of a 50-foot vegetated buffer should be maintained along the
river, except at the point needed to pump the sand to the processing
area. Trees along the 50-foot buffer should be retained. Extra erosion
and sedimentation control measures should be taken at entry points to
the river. Disturbed banks and adjacent areas should be replanted and
stabilized immediately.
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Mr. G. Wayne Wright
Page 2
September 26, 1994
3. Erosion and sedimentation control measures should be implemented to
prevent sedimentation back to the river. Sedimentation ponds or pits
should be maintained as needed to prevent overflow of sediments.
Division of Parks & Recreation, Natural Heritage Program - has records showing rare
species in the project area and recommends best management practices (see enclosed
9/1/94 memorandum);
Division of Environmental Management - on September 1, 1994 issued the required
Section 401 Water Quality Certification. Certification No. 2912 provides the standard
turbidity restriction.
Should you require additional inputm from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely,
John R. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Archives & History /
Division of Environmental Management ?/
Wildlife Resources Commission
Parks & Recreation
COE-Raleigh
Enclosure
r ?
MEMORANDUM ',I'd r T`,IT NA ME
Rev:if-wer: .l /2 G
'T'O: Jol-In Dorncy
Planning Branch DATE: V, o?I /
SUBJECT: WE'T'LAND c"ITAF'F REPORT AND RF'COMMENDA`" I (_)W
a*' Y?T ACH TTEM MTT T RE ANSIn71;T?ED (TT°E N/A hOf.?-
PERMI'T' YR: 94 T'ERMIT NO: 0000 116
APPLICANT NAME: ROCKINGHAM ;AND COMPANY
PROJECT TYPE: DREDGING EP'
(-'OF 11: 199401566
RCD FROM CDA : COF
REG OFF,TCE: WLl R
NOT 111)P _d "'ABLE) i a
[)rd'T'Y : R+lC)="%N Hi%PVT
U`I' 1- N D
I>O'I' 11:
FR M (DA: 0'3 /0J/.aq
?u /f 0.3-ate-o 3
RIVER AND ;'TT!'_ BA,`" fN #: . "TR INDEX _NO: LL -?.28 J?
STREAM, CLA: L" :
VJL-_.TMPA.("T'? : Yo
WLEOUFSTED : Z/' 6 S-
WL _"CORF ( 11 ) : S-Y.' 1-- 6 1-
MIT]-CATION'? : Y,QN
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WL TYPE: WL-AC"R_ FST :' : ON
WATER IMPACTED BY FTLI,:' : YN
MT` 1-(,A`f10N-'T'YPE: It/ty
DIF) YOU REQUEST MOPE INFO": Y, O
IS WLTLANI'! RA`PTTAT(, :SHEET ATT'A(;ITI;D;'. ON
HAVE PROJECT t-'IIAI?TC?I?,` ; CC>NL>ITT+)??T BIFEN Dl; (TT ;QED 6JTTH API'LI:C"ANT? : '?'; N
RFC(?MMENDA`lTOM (?,i rr-l c' Orr>) : y. SSLTI?'? f;.3T11;; ('+>ND DEld4'
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444
cc:: Regional (ffire L5 0 U ?
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F7[AUG'?ONW
N Ja b &7Y 74
M I

Project name
•
•
•
•
•
•
® ydrologically connected
Date_ 9 2?2
? Hydrologically Isolated

Wetland type (select one) W Other '^ + " v-1' :
O Swamp forest D Shoreline •
? Bottomland hardwood forest ? Brackish marsh ;
? Carolina bay ? Freshwater marsh •
'
D Bog/Fen
? Pine savannah D Ephemeral wetland
? Wet flat
The rating system can not be applied to salt marshes. •
sum
Water storage
Bank/Shoreline stabilization 3A<< "`>'' x 4.00 =
Pollutant removal
Si:$:kiJiD:YAwtiMy
/` J,
Sensitive watershed x 1.50 -
Travel corridor- > MO<>
Special ecological attributes
Wildlife habitat -- x 1.50 =
Aquatic lice value--r>«>>>? »<><
Recreation/Education
Economic value Z < > x 0.25 =
*49
? ?. G,? , c_ .? E??t'iil :rv l /? /U
?S
.
.
Name of evaluator
Wetland area acres Wetland width O'- r feet
??, fse_-G1' Date 9?e' D f"/ 6
Wetland type (select one) C3'Other A ? IJ e-,' ;
? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh '
? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetland
? Wet flat
The rating system cannot be applied to sal t marshes. '

W
t
t we
h!
ig
a
er s
orage x
4.00

Bank/Shoreline stabilization 3 x 2.00

Pollutant removal x 5
00 -
`"' '
-
. ?:::><>:>:<>> Wetland score.
Special ecological attributes
x 2.00
State of North Carolina
Department of Environment,
Health and Natural Resources / F15WA •
Division of Coastal Management
James B. Hunt, Jr., Governor C) F= F1
Jonathan B. Howes, , Secretary C
Roger N. Schecter, Director
August 10, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401566 dated
July 28, 1994 describing a proposed project by Rockingham Sand Company has circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 8/26/94. If you have any questions regarding the proposed project, please contact
me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
of
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401566 July 28, 1994
PUBLIC NOTICE
ROCKINGHAM SAND COMPANY, MR. CLAUDE E. DOYLE, ROUTE 4 BOX 17,
MARTINSVILLE, VIRGINIA 24112 has applied for a Department of the Army (DA)
permit TO EXCAVATE SAND BY SUCTION DREDGE FROM THE DAN RIVER, TO BE USED IN
THE PRODUCTION OF MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED OFF S.R.
2187, EAST OF MADISON, ROCKINGHAM County, North Carol.na.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
approximately 25,000 to 30,000 cubic yards has been dredged annually from the
Dan River at the Rockingham Sand Company Mining operation from 1976 to
present. The sand mining operation impacts 200,000 square feet (4.65 acres)
of river bottom by excavation. The sand is removed from the river by a
suction dredge to a depth of 12-15 feet deep below the river bottom. The area
of excavation is 100 feet wide by 2000 feet long. Excavated material is
temporarily stockpiled on the adjacent high ground ridge and is later removed
by dump trucks.
The site consists of a typical piedmont river-Cne system, characterized by
the river channel confined within adjacent upland ridges. There are no
wetlands on the upland ridges. The average depth of the water where the
excavation is proposed, and has occurred in the past, is approximately 10 feet
or less.
Excavated material is temporarily stored within a cleared area (about
75-100 feet wide) along the upland ridge. This area is sparsely vegetated by
a few herbaceous plants: smartweed, ragweed, and pokeberry. Wooded areas
adjacent to the cleared stockpile area are vegetated by sycamore, elm,
sweetgum, and red maple. The Rockingham County Soil Survey characterizes the
soils in this area to be Congaree Loam Association, which are nearly level,
moderately well drained or well drained on first bottoms and low terraces
subject to overflow.
The purpose of the work is to obtain sand for use in the production of
mortar and concrete sand for commercial use. Plans showing the work are
included with this public notice.
The North Carolina Department of Environment, Health and Natural
Resources, Land Quality Section has a current Mining Permit (Identification
Number 79-15), dated June 6, 1986.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
-2-
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced a-:ainst its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy nee•Is, 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and ar- other applicable
guidelines or criteria, a nermit will be granted unlc.-;s the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; 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
-3-
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.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
thc< Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after September 13, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before August 19, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. John Thomas, until 4:15 p.m.,
August 26, 1994, or telephone [phone], Extension 25.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 19F401566
July 28, 1994
PUBLIC NOTICE
ROCKINGHAM SAND COMPANY, MR. CLAUDE E. DOYLE, ROUTE 4 BOX 17,
MARTINSVILLE, VIRGINIA 24112 has applied for a Department of the Army (DA)
permit TO EXCAVATE SAND BY SUCTION DREDGE FROM THE DAN RIVER, TO BE USED IN
THE PRODUCTION OF MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED OFF S.R.
2187, EAST OF MADISON, ROCKINGHAM County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
approximately 25,000 to 30,000 cubic yards has been dredged annually from the
Dan River at the Rockingham Sand Company Mining Operation from 1976 to
present. The sand mining operation impacts 200,000 square feet (4.65 acres)
of river bottom by excavation. The sand is removed from the river by a
suction dredge to a depth of 12-15 feet deep below the river bottom. The area
of excavation is 100 feet wide by 2000 feet long. Excavated material is
temporarily stockpiled on the adjacent high ground ridge and is later removed
by dump trucks.
The site consists of a typical piedmont rivez•lne system, characterized by
the river channel confined within adjacent upland ridges. There are no
wetlands on the upland ridges. The average depth of the water where the
excavation is proposed, and has occurred in the past, is approximately 10 feet
or less.
Excavated material is temporarily stored within a cleared area (about
75-100 feet wide) along the upland ridge. T1.is area is sparsely vegetated by
a few herbaceous plants: smartweed, ragweed, and pokeberry. Wooded areas
adjacent to the cleared stockpile area are vegetated by sycamore, elm,
sweetgum, and red maple. The Rockingham County Soil Survey characterizes the
soils in this area to be Congaree Loam Association, which are nearly level,
moderately well drained or well drained on first bottoms and low terraces
subject to overflow.
The purpose of the work is to obtain sand for use in the production of
mortar and concrete sand for commercial use. Plans showing the work are
included with this public notice.
The North Carolina Department of Environment, Health and Natural
Resources, Land Quality Section has a current Mining Permit (Identification
Number 79-15), dated June 6, 1986.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewsd by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has 3etermined the applicability of a water Quality
Certificate as required by PL 92-500.
-2-
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, o;, properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; 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
-3-
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.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after September 13, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before August 19, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. John Thomas, until 4:15 p.m.,
August 26, 1994, or telephone [phone], Extension 25.
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IN REPLY REFER TO
Regulatory Branch
Action ID. 199401566
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 27, 1994
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:

Enclosed is the application of Rockingham Sand Company, for Department
of the Army authorization and a State Water Quality Certification to dip
approximately 25,000 to 30,000 cubic yards of sand from the Dan River, off of
S.R. 2187, east of Madison, Rockingham County, North Carolina. Your receipt
of this letter verifies you acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by September 23, 1994, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. John Thomas, Raleigh Field
office, telephone [phone], Extension 25.
Sincerely,
VRe6
Wr ig t 4&
Chegulat ry Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
01 p3vi? vI rLJr 1IJ-r 1JrJL 11u? -'T I J
APPUCATIQN FOA DEPARTMENT OF THE ARMY PERMIT OUR APPROVAL APO on0.0wJ
(33 CPR =5) Expkw 30 s pfmbw itili1
Mam
Pubtla reparting burden for ft Qolatl9orr of Mtiorrnedan Is atMnerd r>, average 6 twp "par raaponra f4,r the ntal}ortq of case, Inducing fha time for
,e rehinq exiB*V dace wvroaa, gathering end mairrtainkt4 the daft nesdad, arW r deteing baftwd M
oe
projeoq, or ttnse in mpla*V mid reviewing the cdkclton of infpgnwm. Appkmwns far WW or more temple"
ec lcgiewly ammdfwa areas, could tap* up b = hours. Sand atxtx wts mp aj%; this hiMen estimate or any othw WPM of this collection of Inbrmatlon,
In"l Irg shgpesdorls for redudnp this hmdan, to Omparmwnt of Defense, Waftklgatn Headgo a to Service, drocutraw for (nfOrmatlon aporaeons and Projocak 1215 Jgisraw
Davis Highway, Suite 1204. Adin4ton, VA 222024-3<M and m the ORfoa of Aianepwont and BudgK Papervrwlt Reduction Project (0710-0003). Wad ingbrt, DC 20500, please
DO NOT RMRN your eantplmted form to eRhw of dime addmmw Compiy,b q*4cadan nhumt be od mltad to the Mood Fitt new hmvkV Juffa&eOM over the
location of the Propamied aetMW
The Doparonwu of the Army parent program is authodzed by Sedan 10 of the Rivers and Haebon Act of 1884. Sermon 404 of the Clean Water Act and Secdw 103 of the Marino,
Protection, Research and Santsuarke Aix Theca larva nagnrre Wnt;t, awhorizing acbv@lem In or 600MV navigable waters of the United States. the d 9 of droWW
material Into v s of the th Aad Stamm, and the uw,epormtion of dredged mamsriai for the ptmpoes of dumping it into oooen waters. Wa nlauon provided emon this t be ?
uating VOcatbn for a permit 1 xnm dm to this w0iostfon Is made a matter of public nxm d throrrgh issuance of a pubk notice, Dhwkmkmt of Qw infornmWon
Mquest d is the =rY; 1100w-w. the
data rr guested are necessary in order t0 communirata wlth the appme2m and to eyatuam dw Pmt appl,4=u 1. U nscaeaary Information is
procmesed nor can a pwmk be immlled.
Oft eef of oripktd dr-AP or good reproducible copies which show the iac"an and dw*Ctar of me
and insVucdans) end be sLbfni7ed too* District proposed tY must be atmdwd to !Ms applir?dprl (see sample dr&mr ps,
9 jtaisdkti n own the 4oatbn d the proposed activity. An application that It vat completed in ful will be relutned.
1. APPLICATION NUMBER (ro be assigned by corps)
2. NAME AND ADDRESS OF APPLICANT
so- nl 0..'.
Kr?rh?l.ty? y¢, 2Y11 Z
Telephone no. during busineat hours
AOC ( ) (fiaaiderxaa)
AIC (f a'?) (00foa)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
aa_ ACTIVITY ,
Salt ? VYt r a. <' •vj.- +? o ? ( Su.u?
4b. PURPOSE
OA A' IV Jr •.?iC t (gQ4 . AN-Vu
3. NAME. ADDRESS, AND TITLE OF AUTHORIZED AGENT
Telephone no. during buslness home
MC( )
ABC ( )
(Resldance)
(Of9m)
Statement d Authorization, therapy designs. and audror
ho act to my
h,
fmgtMk strpptertlental Inkmadon In this tts suppern?t port *pott of f the a applbdoy m to furnish.
upon .
SIGNATURE OF
C,

DATE
? rL
Nax S a ') 6", /7 ---e -)? a A
c/Ne s.,l
4e. DISCHARGE OF DREDGED OR FLU- MATERIAL, /

4345. See 91

6nrmu OR JAY at K naan c -

Ne- gay
ww?\vv I\V,', YI YIIV t11P Y
2174 "r
_. _...._......, . ?v?a??&J" km Will k: tJCHJY W?l ACMrTY MOM OA IS PpO 3C)SM
it?v-e'o- .1 Ae, C if?? ca se 'Yf 4-?e?
7. L0GA110N ON LA10 WHERE ACIIVf E)&M OA IS PaoPtJSM3
AUIafR?SS;
215X 1
Co. X/-(f -
LOCAL GOVEAN mw wm4 it
trxc?i
3O-A.1
K M any portion o! the activity rtx whi(;ri a.nftorioticx: m sought np eompWie? ? YR_S
If smear kl "yoc' pie reaWM, motth and Vw the aclivkty was canpleted. IndiC418 the Wistu?p work on the
NO
9 t_ist all aptxwals or oratificaWna and denials received trim other fedewal, interssaw, state w focal agencies for arty atruduras. WnstruetiOn, diwJw
acliv}tie0 da>,rribed in this application, Ga3 rx nthAr
ISSUING At M-f TYPE APPROVAL O&MF--CAT*N NO. DATE OF APFLICA7IC)N DATT>- OF APPSOVAL MATE OF DENIAL
D
10_ AppkCattiri is hweby Mode tow a parrnlt or permits to au#uxiae the aetiv h" duwibW herein. I rortiry that I am tamiliar with the informsbm container. in the
SPA'Atklrt, en: that to the beat of my knowledge and baiet such Wonnetw is Ifue, Cam;*AW, and errata. I further o®rtity that I uousess; ft auttuxtt4 to
wxlerlake the wwaaW attiiwitiea or I Mn schlep ax the duly autlmtuW spent of the applicant.

SGM7lXiE? OF?POU DA tMW-7URE Of 4 ENT' -.• -••• LTAiE
T'he application must be signed by the person who desires io undertake Arse proposed activity iapplicent) or it m»y be so;ed by a duly
atuthomW #gent it the statwnent in block 3 has bw Mod out and signed.
is U.S.C. $eo*m 1001 provides that: IWho&4w. in t>rty mar ew *ihn tfte jtrisdtcfian of any deltarVrwu or agency of "rw IJNWd States
ktlc? am wft* Waiaifieo, conceals, or coyer up by sxiy hide, %twrlls, or devioe a material 1= a m* As any Was, fr.titidhs or fraudulent
a or repreeslltttbm or makes or taw; any false writ V or dwfrant krttlw ig sarne 10 oontam eM Ww cbion or
katxkA@nt atmamant Or vft, shell be firer! not In" f ml $10,000 Or kraisorwd rM More #mn We yam, or botf.
(!tnverae e/ EM Milt' 434)
'W.3. C+ewnvi+r.? erMkq ORlos: teat .- 6Za.7?ti4fA[