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HomeMy WebLinkAbout20000751 Ver 1_COMPLETE FILE_20000607 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director APPROVAL of 401 Water Quality Certification llkf?lwj 4 12 • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 9, 2000 Guilford County DWQ Project # 000751 Martin Marietta Materials, Inc. PO Box 240635 Charlotte, NC 28224 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to fill 0.10 acres of wetlands and 140 feet of stream channel in Guilford County, as you described in your application received by the Division of Water Quality on June 7, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions, please telephone John Dorney at 919-733-9646. crel, T. evens Attachment cc: Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office Donald M. Moe, Martin Marietta Materials, PO Box 30013, Raleigh, NC 27622-0013 File Copy Central Files 000751 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.ustwetiandc.html Martin Marietta Aggregates Charlotte District P.O. Box 240635 Charlotte, North Carolina 28224-0635 Telephone: (704) 525-7740 Fax: (704) 527-9283 June 1, 2000 Mr. John Thomas United States Army Corp of Engineers 6508 Falls Of The Neuse Road, Suite 120 Raleigh, NC 27615 0007 51 Re: 404 Application for Piping of Mile Branch Martin Marietta's High Point Quarry Dear Mr. Thomas: !J . t'9 r-iEc,F_ tVED f,i.ra D(;pt. of EHNR JUN-220M Win-3 irrt-SaIern rlunion!?.! Offico l r' i Please find attached the Pre-Construction Notification Application for a proposed pipe crossing within Mile Branch at Martin Marietta's High Point Quarry. Three (3) 6'x6' box culverts are required to pass the 100-year storm. The total impact expected is 0.10 acres of wetlands, with an impact of 140' of channel length. Upon completion of the placement of the box culverts, fill material will be used to construct a driveway access toward Jackson Lake Road. This access is required to meet the Zoning conditions recently approved by the City of High Point. Mile Branch, a tributary of Richland Creek will have an undisturbed buffer of 50' on both sides of the stream, which is shown on our approved mine map for High Point. This buffer,. ill also aid in the protection of water quality during the proposed mining activities. Adequate erosion and sediment control measures will be provided during construction and placement of the box culverts. Mining approval must also be obtained through the Division of Land Resources, Land Quality Section, which we will permit in the near future. I have discussed this project with the Winston-Salem office regarding modification to our mining permit. I have also discussed this project with Ms. Jennifer Frye, with the North Carolina Division of Water Quality. I have provided the application and the associated site drawings indicated our intentions and location of the proposed stream crossing. Based on my recent conversations with you, a Nationwide Permit 26 Permit is still available and will satisfy the requirements of our planned impacts. By copy of this permit application, a Section 401 Certification is being requested from the North Carolina Division of Water Quality. P4 '11 FA? T RECE, I appreciate your assistance and cooperation concerning this project. If you have any additional questions or any additional information is needed at this time, please contact me at (704) 525- 7740 or e-mail me at brian.northga martinmarietta.com. Sincerely, MARTIN MARIETTA MATERIALS, INC. Brian .North. PE Sr. Environmental Engineer cc: John Dorney, NCDENR Dean Hardy, MMA 618k104applicationm DEM ID: ®o o " A, CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT # PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS CONIPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. OWNER'S NAME: Martin Marietta Materials. Inc. 2. MAILING ADDRESS: P.O. Box 240635 SUBDIVISION NAME: CITY: Charlotte STATE: NC ZIP CODE: 28224 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): High Point Quarry. Kersey Valley Road Jamestown. NC 27282 TELEPHIONE NUMBER (HOME): NA (WORK): (704) 525-7740 4. IF APPLICABLE; AGENT'S NAME OF RESPONSIBLE CORPORATE OFFICIAL. ADDRESS, PHONE NUMBER: Donald M. Moe, Senior Vice-President Martin Marietta Materials. Inc. P.O. Box 30013 Raleigh NC 27622-0013 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGE TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Guilford NEAREST TOWN OR CITY: Jamestown, NC PECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 2 miles north of Hwy 62 at Interstate 85 on Kersey Valley Road (SR 1154) and south of Kevitt Drive (SR 1113) and west of High Point. NC. Site is on the Left before crossing Richland Creek IMPACTED OR NEAREST STREAM/RIVER: Mile Branch RIVER BASIN: Cape Fear 7a. IS THE PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCES WATER (ORW). WATER SUPPLY (WS-I, WS-II)? YES [ ] NO [ X ] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ X ] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? NA 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ X ] IF YES, PRIOVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [ X ] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 181.50 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 2 miles north of Hwy 62 at Interstate 85 on Kersev Valley Road (SR 1154) and south of Kevitt Drive (SR 1113) and west of High Point NC. Site is on the Left before crossing Richland Creek 6. IMPACTED OR NEAREST STREAM/RIVER: Mile Branch RIVER BASIN: Cape Fear 7a. IS THE PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCES WATER (ORW), WATER SUPPLY (WS-I, WS-II)? YES [ ] NO [ X ] IF YES. EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ X ] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? NA 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ X ] IF YES, PRIOVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [ X ] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 181.50 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.10 (Pipe Crossing) FLOODING: DRAINAGE: EXCAVATION: OTHER: TOTAL ACRES TO BE IWACTED: 0.10 106. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 140 FT AFTER: 140 FT WIDTH BEFORE (based on normal high water contour): - 25 FT WIDTH AFTTR: AVERAGE DEPTH BEFORE: 0.5 FT AFTER: 0.5 FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: OTHER: CONSTRUCTION OF DAM/FLOODING: 11. IF CONSTRUICTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? - WHAT IS THE EXPECTED WATER SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDUING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8'/z" X I1" DIAGRAMS ONLY): A crossing is required to meet the conditions of the Zoning Permit issued by the City of High Point for this site Construction access must be routed onto Jackson Lake Road instead of Kersey Vallev Road. In order to meet this conditiona crossing must be installed within Mile Branch a tributary of Richland Creek Bulldozers and a crane will be used to construct the crossing The mechanical equipment will not enter the creek bed during constriction No other areas of wetlands will be impacted. 13. PURPOSE OF PROPOSED WORK: Martin Marietta is proposing to cross a tributary of Richland Creek within the 100-year floodplain The width of the floodplain at the proposed crossing is approximately 155 feet This crossing will allow access to additional property within the permitted area and allow for access onto Jackson Lake Road The total impact of wetlands will be 0.10 acres and the length of stream impact will be 140' 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Minimal wetland impacts are proposed Construction of the crossing must be conducted within the tributary of Richland Creek Pipes are required to allow for the placement of overburden fill to construct the crossing Adequate erosion and sedimentation measures will be provided during construction to protect from sediment loss 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Included in mining approval process expected to begin in June of 2000. (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTROIC PROPERTIES IN THE PERMIT AREA WG-HICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Included in mining approval process expected to begin in June 2000. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES[ ] NO[ X ] IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONEM,NTAL DOCUMANT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] 4 IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONEMNTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTARTION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA, 27603-003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLANDS DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMITS 14, 18, 21, 26, 28 AND 38). ALL STREAMS (INTERMITTENT OR PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN, IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential Industrial f IF APPLICABE, WHAT IS METHIOD OF SEWAGE DISPOSAL? NA g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 COPRS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY). A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAHGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTE -,WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. May 15.2000 OWNER'S AGENT'S SIGNATURE DATE {AGENT'S SIGNATURE VALID ONLY IF AUTHRORIZED LETTER FROM THE OWNER IS PROVIDED (18g)I hi ghpo int\n,etlandsapp 5 TABLE 2 - SUMMARY OF DISCHARGES - continued FLOODING SOURCE DRAINAGE AREA PEAK DISCHARGES (cfs) AND LOCATION (sg. miles) 10-YEAR 50-YEAR 100-YEAR 500-YEAR HIATT BRANCH Downstream of confluence of Horsey Branch 2.29 970 1,600 2.000 3,600 Upstream of confluence of Horsey Branch 1.13 590 1,024 1320 2,450 HORNEY BRANCH At mouth 1.16 630 1,095 1,365 2,500 At Fairlane Street 1.00 620 1,005 17270 2.250 At Old Mill Road 0.80 450 830 1,050 1,950 LONG BRANCH = At mouth 4.20 900 1.900 2,550 4,500 At State Route 1541 2.90 795 1.640 2,170 3,580 - MILE BRANCH At mouth 2.42 780 1,520 2.090 3,710 At Jackson Lake Road 1.51 610 1,180 1,570 2.900 s PAYNE CREEK Downstream of confluence of Payne Creek Tributary 3.35 1.270 2,070 2.450 3,500 PAYNE CREEK TRIBUTARY At mouth 1.34 720 1,231 1,471 2.176 At a point approximately 1.1 miles a upstream of Canterbury Road 0.72 607 1,025 1,225 1,744 RICH FORK Downstream of confluence of Stream No. 92 3.45 850 1,430 1,930 2,740 t RICHLAND CREEK Downstream of confluence of Mile Branch 12.40 2,770 4,180 5,230 9,530 Upstream of confluence of Mile Branch 9.78 2.460 3,780 4,500 8300 Downstream of confluence of Stream No. 34 8.32 1,290 3,520 4,180 7,600 9 tF 31SVi [J H r ? fD M r tD _ < m c7 p ?, E a r (n D C7 o ° a o m D a rr < ?m , E5 n X Z m s k 0 p00 m - (DDrrr Z -n ?° m a ` m Q m Z ff r 0 = D ( ?? i O N ?D J VI Z O a Z - ? tt O J O ON P. 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[i70 JJJ J J J O O Q7 J J J J 8 '-•' C v+AAA g o N r o ? ao rn A. w w tn w rnA O N rn v? W W W O N N N N ?p J O w q H ? o z H z NA V1?t7t Q?JO?Q?O OtOO ? b G7 Ch ? ?• 570 5000 4000 3000 2000 12X12 1000 800 l o x 10 100 w 9X9 80 U- 600 ? 50 w BX 8 w 60 c w O 400 z 7 50 N O 6X6 (n u. 300 m W 30 O Z - m 5X5 200 ? o v 20 J w O N LL- 0 4X4 ? z Cr_ Q = 100 O 3.5X3.5 ~ U U cA w 10 m a 80 w 3X3 w m 8 O 60 ° a 2.5 X 2.5 w 6 50 Q - 0=a0_--- 5 12. 40 0* 1 2X2 ?4 30 20 4 z J z z 7 DESIGN OF SMALL DAMS v fJrdr= /PRESSURE LINE - - H T -? 0.9 D -' LOW TAILWATER HIGH TAILWATER .6 o. 1 0 i. G . " ° ? h Tti w O? o o w ti .. U- e . O) O c? po :_ "Rim anc. o app w tp e0 ?,2 O? f pp P 5 A 6 on O if EX=MPLE _? Hr 3 8 / /_? --- -10 s In EQUATION FOR SQUARE BOX: /-1.555 (I+K.) + 287.64 n2 L 710 Z HT L Ds D, i6/1 \10/ HT. Head in feet Ke - Entrance loss coefficient D . Height, also spon, of box in feet n . Manning's roughness coefficient 10 I L . Length of culvert in feet 8 0 . Design discharge rate in cfs 6 Figure 8-13. Head for concrete box culverts flowing full, n=0.013. (U.S. Bureau of Public Roads.) 28S-D-2913. 20 tie: V.:.i j 11-- ert: nu. [7' no dl:- 1 n a, Fic- Q Icy -- 1$?0 cf5 Q2r, = 12ce-::) eFS !OWERS CE7TRAL 1• i Ol f 0 m J-•- EWE S L R 1151 SR 35 3 "y y,h cco Hayworth ? ink 112 Y Q _. SSR 1113 ., S .Q .Q ?4c( Q? Jamestown Quarry !:Branch a estown Ouany" Lake C c - z U) U 4 ?v OP` `-^ sSR r'SS Q. !`V : High Point Quarry CYee?`__.\ a off. X, Jackson Lake to - Y ' ADDINGTON RD WRIGHT U ? U) MODLIN v? -lip Z C C? L c ss LOWELL RD DANCY RD N U'P1 APPLING RD a 7 ?qp --SSR 4 Q? - ER_ WINWOi 5? MAY-02-2000 11:04 FROM MARTIN MARIETTA MATERIALS TO 4 CITY OF HIGH Pow NORTH CAROLINA April 25, 2000 R- Paxton Badham Jr. Martin Marietta Aggregates P.O. Box 30013 Raleigh, NC 27622-0013 Dear Mr. Badham: 17045279283 ?44"E-? P. 03/10 I am in receipt of, and have reviewed the revised site plan map you sent in correspondence to Lee Burnette on April 18. The map will be considered as an addendum to the site plan map that was officially approved by the High Point City Council, as a part of your Special Use Permit, on November 15, 1999. Enclosed for your records is an executed copy of the Special Use Permit and site plan map. I bave also enclosed a copy of the addendum map, annotated and initialed by me. If you have any farther questions, please contact we at 336-883-3538. Sincerely, / L I - a PAY Robert L Robbins, AICP Development Administrator Department of Planning and Development P.O. Box 230. 211 S. HAmiu rr Sntmr. IhGH Pour. NoR1$ CARcuNA 27261 PAX 336-883-3419 MD 336-883-8517 MAY-02-2000 11:04 FROM MARTIN MARIETTA MATERIALS TO CITY OF FLGH POINT NORTH CAROLINA SPECIAL USE PERMIT 99-03 CITY OF HIGH POINT, NORTH CAROLINA November 15,1999 17045279283 P.04i10 THE CITY OF HIGH POINT CITY COUNCIL, PURSUANT TO SECTION 9-3-14, SPECIAL USE PERMITS, OF THE CITY OF HIGH POINT DEVELOPMENT ORDINANCE, APPROVED A SPECIAL USE PERMIT AND SITE PLAN FOR THE FOLLOWING USE, SUBJECT TO THE FOLLOWING CONDITIONS: USE: Quarry DEVELOPMENT STANDARDS: (Section 9-5-2 of the Development Ordinance) (ooo) Mining and Quarrying (1) Where Required: AG and HI Districts. (2) Setback: a. The edges of any pit where a mining operation is taking place, any equipment used in the processing of rock and gravel, any asphalt plant, or other industrial use operated in conjunction with the mine or quarry shall be located at least fifty (50) feet from any property line; and b. Where the mining operation site is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and such operation. (3) Security Fencing. Security fencing, a minimum of six (6) feet in height, shall be provided around the perimeter of both existing and abandoned operations. (4) Rehabilitation: a. Within one (1) year after the cessation of production at all mining operations, all equipment and stock piles incidental to such operation shall be dismantled and removed by and at the expense of the owner; b. Except in a case where redevelopment for another permitted use is in progress on the site of an abandoned extractive operation, all excavations shall be -graded to reduce the surface to gently rolling necelVea= o/ G/VV IV-D IHMj -0 p-. -1 may ..i.. 1.1- 1Cll , rcyc .MAY-02-2000 11:04 FROM MARTIN MARIETTA MATERIALS TO 17045279283 P.05i10 Special Use Permit 99-03 Martin Marietta Materials. 1=. Page 2 of 6 topography in substantial conformity to the land area immediately surrounding, and shall be planted with a cover of sod, trees, shrubs, legumes, or grasses, which will minimise erosion due to wind or rainfall; and c. The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties or public ways, nor to appreciably increase the turbidity of any natural water coarse, or to occlude any existing drainage course. (5) Operation: All operations involving blasting discernible beyond the exterior property line of a quarry shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m. (6) Dust: All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) Access: a_ Access roads leading to any part of the operation shall be constructed with a gravel or crushed stone surface and maintained in a dust-free manner, b. Access roads shall be located no closer than fifteen (15) feet to any property line other than a railroad right-of-way line; and e. A plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses negatively affected by truck traffic and shall be adhered to. (S) Compliance With Other Regulations: All mining and quarrying operations shall comply with all applicable federal, state, and local regulations. McGeI.Veu; . / L/VV IIJ 1-13 --- --- rvoc -- - 11-1 1-1 .MAY-02-2000 11:05 FROM MARTIN MARIETTA MATERIALS TO 17045279283 P.06i10 Special Use Permit 99-03 Martin Marietta Marcrials, rnc. Page 3 of 6 CONDITIONS: A. nexal 1. Applicant will develop the site in accordance with the attached Site Plan. The site will be used only for quarrying and training operations and associated activities such as processing, stocking, loading and selling of crushed stone. 2. No extraction of rock or other mining operations can occur in the Randleman Watershed Critical Area (as determined by the City) until a site plan has been submitted by the applicant showing such area, and such operations have been approved by the City Council consistent with protection of water quality in the Watershed Critical Area. The City Council may impose, and the applicant agrees to comply with, additional conditions associated with such approval. 3. Upon request by the City Manager, a copy of the Applicant's State Mining Permit, including the Reclamation Plan, as it may be updated from time to time, will be provided B. Blasting 1. Regardless of what is shown on the Site Plan, blasting will not take place within six hundred and fifty (650) feet of any non-company owned occupied structure. 2. Subject to the property owner's permission. a pre-blast survey will be performed at Applicant's expense on all non-company owned, occupied structures within one thousand (1,000) feet of blasting activities. The survey will be performed by a third party consultant and a copy of the result will be provided to the property owner. 3. Blasting will only be permitted between the hours of 9:00 AM and 5:00 PM, Monday through Friday, except in cases of emergency. No blasting will be allowed on the traditional holidays of New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. 4. In accordance with North Carolina law, a seismograph reading will be made of each blast event Records of each blast event will include: date; time; pounds per delay; location of blast; location of seismograph: peak particle velocity readings; and, decibel headings. Records will be kept for a minimum of five (5) years at the Hecelvea: b/ 2/uu lu:blsiM; 000 000 - -_ -. 1-11 1-1 ------ . =y= MAY-02-2000 11:05 FROM MARTIN MARIETTA MATERIALS TO 17045279283 P.07i10 Special Use Permit 99-03 Martin Marietta Materials, Inc. Page 4 of 6 quarry office and may be inspected on request by the City Manager or his designee. C. Well Protection 1. Subject to the property owner's permission, a pre-operation well survey will be performed at Applicant's sole expense on all wells supplying non-company owned, occupied structures within one thousand (1,000) feet of blasting activities. The survey will be performed by a third party consultant and a copy of the results will be provided to the property owner. 2. Prior to the commencement of blasting, two (2) monitoring wells will be installed in locations designated on the Site Plan. Well water level headings will be taken quarterly, in January, April, July and October. Records of the readings will be kept permanently at the quarry office and may be inspected on request by the City Manager of his designee. D. Trannortation I. The property owner shall dedicate additional right-of-way along the frontage of both Jackson Lake Road and Kersey Valley Road as necessary to achieve a distance of forty-two (42) feet, as measured from the existing centerline, for future road improvements. 2. The property shall be permitted two points of access to Kersey Valley Road and one point of access to Jackson Lake Road 3. As shown on the Site Plan, Applicant's initial entrance will be onto Jackson Lake Road. Prior to permitting more than twenty-five (25) trucks hauling product from this quarry in any one day, Applicant will at its expense, hire a consultant to conduct a study of the intersection of Jackson Lake Road and Kivert Drive, the scope of which will be approved by the City's Director of Transportation. Subject to the recommendations of the study, the Applicant will work with the City and with NCDOT to make improvements to the intersection which are necessary to accommodate increased traffic from the quarry. If the NCDOT and the City DOT agree on a reconfiguration of the intersection of Kivett Drive and Jackson Lake Road, Martin-Marietta Materials will work with the City and NCDOT to make the improvements regardless of the timing of the road improvement or the number of mwks hauling product from the quarry. Received: 51 2/00 10:52AM; 336 658 1092 -> martin marlezta; rayn o MAY-02-2000 11:05 FROM MARTIN MARIETTA MATERIALS TO 17045279283 P.08i10 Special Use Permit 99-03 Martin Marietta Materials, buy. Page 5 of 6 4. In the event the Applicant elects to use Kersey Valley Road for hauling its product, prior to shipment of any stone by trucks, Applicant will pave Kersey Valley Road from Kivett Drive to North Carolina Highway 62 with pavement sufficient to strengthen Kersey Valley Road to a standard strength for rock hauling trucks and construct turn lanes as directed by the NCDOT. 5. Entrance roads used by the Applicant will be paved a minimum of one hundred (100) feet back into the site from the NCDOT right-of-way. 6. Turn lanes may be required at any or all entrances as determined by the NCDOT and City of High Point Department of Transportation. The' Director of Transportation shall approve the exact location and design of any access points. In addition, the Director of Transportation and the NCDOT shall approve all construction and improvements. 7. All vehicles whose axle weight is 20001bs. and above will be required to make a right turn ONLY, when exiting the property onto Jackson Lake Road. E. Screening and Buffers 1. Except at the entrances and at creek crossings, the Applicant will maintain an at- grade visual screen consisting of vegetation and/or berms along all public roadways to provide a minimum of a fifteen (15) foot high screen from view. 2. A buffer area, which may include berms or parts of berms, will be maintained for a minimum of fifty (50) feet back from all property lines. Berms will be constructed as needed to screen full-scale operations. Berms will be a minimum of twenty (20) feet high, sloped at 3H:1V, seeded with appropriate grass and planted with evergreen trees. 3. Berms shown on the Site Plan around the initial plant and stockpile areas and the initial pit area will be constructed prior to the time that Applicant produces mote than five thousand (5,000) tons during any calendar month. Berms shown around the future plant and stockpile area will be completed prior to the time that the plant in this area commences operation. 4. A fifty (50) foot undisturbed buffer will be maintained on each side along all intermittent and perennial water courses as shown on USGS • maps, except at approved stream crossings as shown on the Site Plan. mecexvea: a/ G/uu Ill:ac M; --- --- I- -- In- 1-1 Intel -ic?? , rcyo MAY-02-2000 11:06 FROM MARTIN MARIETTA MATERIALS TO 17045279283 P.09i10 Special Use Permit 99-03 Martin Marietta Materials, Inc. Page 6 of 6 F. Fencing A six (6) foot high chain link fence will be installed around the active areas of the site, as shown on the Site Plan. G. Storazee Tanks All fuel or petroleum storage tanks will be above ground and within approved containment structures. DESCRIPTION OF PROPERTY: The property is located on the east side of Jackson Lake Road north of Cox Avenue and the west side of Kersey Valley Road south of Cashatt Road, containing approximately 157 acres, and known as Guilford County Tax Parcel 94-7043-947-5. This Special Use Permit and approved site plan are perpetually binding upon the above described property, unless subsequently amended as provided in the Development Ordinance or until a use otherwise permitted in the zoning district is established. This Special Use Permit shall become void after eighteen (18) months from the date of City Council approval or a lesser time, if conditioned, unless the Special Use authorized has begun and/or a footing inspection has been approved. If the Special Use authorized is discontinued for a period exceeding eighteen (18) months or replaced by a use otherwise permitted in the zoning district, then the Special Use shall be deemed abandoned and this Special Use Permit shall be null and void and of no effect. If for any reason any condition imposed by this Special Use Permit is found to be illegal or invalid, then this Special Use Permit shall be null and void and of no effect. The issuance of this Special Use Permit authorizes the filing of an application for a building permit, site plan, subdivision or other development approval as required by the Development Ordinance. Special Use Permit 99-03 and the accompanying site plan were approved by the City Council of High Point, North Carolina on the 15th day, of November, 1999. 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