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HomeMy WebLinkAbout20011551 Ver 2_401 Application_2011042001 - ISSI Ox The Catena roup NC DWQ, 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC, 27699-1650 410-B Millstone Drive Hillsborough, NC 27278 (919) 732-1300 April 19, 2011 Subject: North Carolina Granite Corporation - PCN Submittal: NWP #33 and GC 3688 Action ED: 1988 00292 Surry County, North Carolina The Catena Group, Inc. (TCG) has been retained by the North Carolina Granite Corporation (NCGC) to assist in acquiring the necessary environmental permits for their property in Surry County, NC. Please find enclosed the completed PCN form and attachments necessary for the Nationwide Permit #33 and GC 3688 (5 copies). In addition, we have enclosed a check for $240.00 as required for processing fees. We are very appreciative of your time and assistance with this matter. If we can provide additional information to facilitate this application, please contact me at 919-732-1300 (office) or 919-417-8027 (mobile). Sincerely, The Catena Group, Inc. W6'??Q Michael Wood Enclosures: PCN Form and Attachments (5 copies) Check 5029 cc: Carlos Goad, NCGC APR 2 0 2011 bi- ASS I u2 The Catena 410-B Millstone Drive ro u p Hillsborough, NC 27278 _ (919) 732-1300 April 19, 2011 Mr. Monte Matthews US Army Corps of Engineers Raleigh Regulatory Field Office PA I'D 0 ?? " i ? = 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 APR 2 ®2011 Subject: North Carolina Granite Corporation - PCN Submittal NWP #33 DENR • GVATEF2 At Action ID: 1988 00292 & a sren Surry County, North Carolina Dear Mr. Matthews, The Catena Group, Inc. (TCG) has been retained by the North Carolina Granite Corporation (NCGC) to assist in acquiring the necessary environmental permits for their property in Surry County, NC. The NCGC has been utilizing water from the Ararat River since the 1930's and has the required permits for this withdrawal. To facilitate the withdrawal, NCGC has utilized a dam. In a letter dated March 31, 2011, the USACE ordered a reduction in the elevation of the NCGC dam in the Ararat River such that the water surface elevations, under base flow conditions, at flap gate numbers 2 and 3 in the Renfro Levee do not exceed 1015 feet NGVD 29. The letter required this reduction in water elevation be completed by April 25, 2011, and a proposal for addressing this issue for the long-term by May 2, 2011. Unit the long-term proposal can be permitted and implemented, reducing the height of the dam to the required level to meet the April 25, 2011, deadline will seriously impact the continued operation of the NCGC. As such, NCGC is requesting a permit for temporary fill in the Ararat River to temporarily divert flow towards the intake structures, a measure that is expected to allow the quarry to continue to function while complying with the 1015 foot NGVD 29 requirement. To this end, please find enclosed the completed PCN form and attachments necessary for the Nationwide Permit #33. To maintain consistency with previous USACE permits, the previous permit drawings have been modified to approximate the proposed actions. We are very appreciative of your time and assistance with this matter. As you are aware, time is of the essence in order to comply with the April 25, 2011, deadline while allowing the NCGC to continue to function. If we can provide additional information to facilitate this application, please contact me at 919- 732-1300 (office) or 919-417-8027 (mobile). Sincerely, The Catena Group, Inc. )?&C? 6 - ?tqQ Michael Wood Enclosures: PCN Form and Attachments CC: Carlos Goad North Carolina Granite Corporation P.O. Box 151 Mount Airy, NC 27030 NC DWQ, 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC, 27699-1650 Amy Euliss NC DENR Winston-Salem Regional Office Division of Water Quality, Surface Water Protection 585 Waughtown Street Winston-Salem, NC 27107 Ron Linville Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: PARCEL ID #: 5030-11-57-3036 STREET ADDRESS: 151 Granite Quarry Trail P.O. Box 151 Mount Airy, NC 27030 PROPERTY OWNER(S): North Carolina Granite Corporation The undersigned, registered property owner(s) of the above noted property, do hereby authorize Michael Wood of, The Catena Group (Contractor/Agent) (Name of Consulting Finn) to act on the behalf of, and take all necessary actions for the processing, issuance, and acceptance of an environmental permit or certification and any and all standard conditions attached. Property Owner's Address (if different than above named property): same as above Telephone: Office: 336-786-5141 Direct: 336-719-2622 Mobile: 336-648-0627 Fax: 336-786-6984 I (We) hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. (Authorized Si ture) Date: 0 Z -10 - To) t (Authorized Signature) Date: d a /. Oa0F WATF9QG Q Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 33 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: North Carolina Granite Corporation Temporary Fill 2b. County: Surry 2c. Nearest municipality / town: Mt. Airy 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Granite Corporation (NCGC) 3b. Deed Book and Page No. Book 0233, page 0064 3c. Responsible Party (for LLC if applicable): 3d. Street address: 151 Granite Quarry Trail 3e. City, state, zip: Mt. Airy, NC 27030 3f. Telephone no.: 336-786-5141 3g. Fax no.: 336-786-6984 3h. Email address: Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Michael Wood 5b. Business name (if applicable): The Catena Group 5c. Street address: 410B Millstone Drive 5d. City, state, zip: Hillsborough, NC 27278 5e. Telephone no.: 919-732-1300 5f. Fax no.: 919-732-1303 5g. Email address: mwood@thecatenagroup.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 5030-11-57-3036 1 b. Site coordinates (in decimal degrees): Latitude: 36.51 Longitude: - 80.592 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 214 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ararat River proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin-Peedee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is an active granite quarry operation. NCGC is using water diverted from the Ararat River to operate. 3b. List the total estimated acreage of all existing wetlands on the property: n/a 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1660 If 3d. Explain the purpose of the proposed project: Divert flow to the left descending bank of the Ararat River to ensure continued water supply essential to the operation of the quarry. An unauthorized dam is currently impounding the river to provide water to quarry operations. This dam must be lowered pursuent to an Initial Corrective Measure to remove water on an upstream flood control levee . Lowering the dam to the required level will impair the quarry's ability to continue operations. 3e. Describe the overall project in detail, including the type of equipment to be used: NCGC is currently in violvation of their permit (SAWC088-N-086-0292) - unauthorzed fill in the Ararat River. The fill is currently functioning as a dam. The dam is impounding water necessary to NCGC quarry operation. Additionally, it is impounding water on flap gate 2 and 3 of an upstream flood control levee. An Initial Corective Measure of lowering the elevation of water on the upstream flap gates to at least 1015 NGVD 29 is required. To comply with this action NCGC is lowering the dam. This will restrict water supply integral to NCGC quarry operations. In order to maintain operations at the quarry and comply with the Initial Corrective Measure, NCGC is proposing the following: 1) Relocate stones from the existing dam, and presently on the river bed, and place them in a small low height loosely packed arrangement that is laid out parralell to river flow (i.e. create a small berm). This berm would route river flow to the quarry's intake structure. The berm would be created by traveling on top of the existing dam and placing stones on the river bed to form a path for an excavator to travel on to the upstream extent of the proposed berm. Once the upstream end has been reached, the excavator would travel downstream on the stone path towards the dam consolidating and removing excess material. Upon arriving at the dam, additional material would be removed to lower the height of the dam across the river starting at the far bank and working back to NC Granite property. 2) Recover as much material as possible that is already in the river channel from previous dam wash outs and lowering of the dam. It is estimated that any additional fill, consisting of clean discrete granite stones ranging in size from 1.5 feet in diameter up to 3 feet in diameter, would total at a maximum 15 to 20 cubic yards. 3) The quarry's river water intake will be relocated downstream closer to the current dam location. These modifications would be made with an excavator from the river bank. 4) Sediment that has accumulated behind the dam and is hindering flow will be removed in the area shown on the attached figure using an excavator positioned on the river bank adjacent to NCGC property. Page 3 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ? No Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 1987 - Cease and desist for unpermited fill in Ararat River (File No. ASWC087-E-086-0546) 1988 - Permit to install granite weir to direct flows to Quarry intake structures (File No. SAWC088-N-086-0292) 1996 - Action ID 198800292 - repair weir permitted in 1988 2001 - Action ID 200121543 - reapir weir permitted in 1998 Jan 2011 - Action ID 1988 00292 - Cease and desist all work in Ararat River - violation to permit by building dam March 2011 - Action ID 1988 00292 - Initial Corrective Measure to lower dam to an elevation that results in water levels at flap gates 2 and 3 to not exceed 1015 NGVD 29 6. Future Project Plans 6a. Is this a phased project? ? Yes ®No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary - W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ®T Placement of Fill Ararat River ® PER ? INT ® Corps ? DWQ 30 150 S2 ? P ®T Excavation Ararat River ® PER ? INT ® Corps ? DWQ 30 150 S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5of11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Pond ID Proposed use or purpose number of pond Flooded I Filled I Excavated I Flooded I Filled I Excavated Upland (acres) Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for Temporary (T) impact B1 ?P?T B2 ?P?T B3 ?P?T 6i. Comments: Buffer Stream name mitigation required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6e. 6f. 6g. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Existing material/fill that is all ready in the river will be salvaged and used to create the berm. Any additional fill material needed will be cut and washed stone to prevent sedimentation. Machinery used to carry out the requested activities will be checked for leaks and washed in an effort to avoid enginer/mechanical fluids from washing into the river. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Access to construct the berm will be via existing fill areas which will them be minimized or reduced entirely during egress. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No change is proposed in percent impervious cover 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mt. Airy NC ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ® Other: N/A 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ® Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. n/a Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ®No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS service website: http:/twww.fws.gov/nc-es/es/countyfr.html 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Fisheries Management Council GIS data: http:/twww.safrnc.nettEcosystemManagementlEcosystem Boundaries/MappingandGISData/tabid/632/Default. aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ® Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? n/a 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: While the project is within the FEMA 100 year floodplain, no additional fill is anticipated therefore all requirements are met. 8c. What source(s) did you use to make the floodplain determination? Michael G. Wood r 4/19/2011 Applicant/Agent's Printed Name Applicant/Agent's Signature (Agents signature is valid only if an authorization letter from the applicant Date is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version /0 4p. At Paov- T'l-Ca l r W/FKIL Lme S i Cit o 1V A- A No ScA;iE ? ?/--- SEfl?ro&Nr R??®vA? RRe?a I i` % 1 , l l> AacticS fOP& FRM'I Raven TO Pouo ff I, /? lee WA`M9 W LO )& Pe AuA Pal?v S?'imsa scabs I " = too'