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US Army Corps PUBLIC NOTICE
Of Engineers APPLICATION MODIFICATION
Wilmington District
Issue Date: Apri125, 2007
Comment Deadline: May 10, 2007
Corps Action ID #: SAW-2005-21057-201
The Wilmington District, Corps of Engineers (Corps) has received a MODIFIED
application from Martin Marietta Materials, Inc. seeking Department of the Army
authorization to impact 0.44-acre of jurisdictional riparian wetlands, 18141inear feet of
stream channels exhibiting important aquatic functions, and 1,2301inear feet of stream
channels lacking important aquatic functions associated with the expansion of the East
Alamance Quarry in Alamance 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: Martin Marietta Materials, Inc.
PO Box 30013
Raleigh, NC 27622-0013
AGENT: Kimley-Horn and Associates, Inc. Q (2 ~ ~ ~~~J
3001 Weston Parkway t5
Cary, NC 27513 APR 2 7 2007
DEP1R -!MATER QUALITY
Authority WETtANbS R~u4 3TOR!~MATER BRANCH
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures Section 404 of the
Clean Water Act
Location
The East Alamance Quarry is a 610-acre tract of land, of which the site for the proposed
expansion would encompass approximately 73-acres. The expansion site is located south
of Sandy Cross Road (SR1752) and west of NC State Highway 49, approximately 4 miles
north of U.S. Interstate 40/85, exit 150 in Alamance County, North Carolina. The
proposed project site contains unnamed stream channels and adjacent wetlands that flow
into Boyd's Creek at the southern boundary of the site. Boyd's Creek is a tributary of the
Haw River in the Cape Fear River Basin. Latitude and Longitude in Decidegrees of the
proposed site is 36.13006 N. and 79.37084 W.
Existing Site Conditions
The existing site conditions for the quarry expansion contains four stream channels with a
total length of 5,3261inear feet, and two wetland areas with a total of 0.70-acre. The site
is primarily composed of forested land adjacent to the active mining pit, perimeter berm,
and overburden stockpile areas. A power line crosses east-west with some cleared
agricultural fields and pastures within this portion of the proposed expansion site. The
private land adjacent to the site is primarily agricultural with a few residences along NC
49 and Sandy Cross Road.
A U.S. Army Corps of Engineers (Corps) jurisdictional determination has been
completed for the proposed site and has verified the aquatic features listed above.
Applicant's Stated Purpose
The project purpose is to expand the existing mine in order to continue operations, and
meet the local demand of aggregate material.
Project Description
On November 28, 2006, the Corps issued a public notice for Martin Marietta Materials'
proposal to impact waters of the United States for the expansion of the East Alamance
Quarry located south of Sandy Cross Road (SR1752) and west of NC State Highway 49,
approximately 4 miles north of U.S. Interstate 40/85, exit 150 in Alamance County,
North Carolina. As part of the public notice, the proposed activity would involve the
expansion of an existing mine pit. Direct impacts to wetlands and streams would result
from the expanding pit area.
A plan to minimize secondary impacts to an avoided stream was proposed. This was
necessary where considerable portions of the watershed would be altered or removed
through excavation. This minimization effort included rerouting of stormwater,
pumping, and management of discharge locations. This would provide supplemental
hydrology and would support the existing aquatic functions within an unnamed
downstream tributary.
Subsequent to the public notice, the Corps determined that relying on an elaborate
pumping strategy would not adequately protect downstream aquatic resources. Because
of this, an aquatic impact was assessed downstream of the project area. Therefore,
Martin Marietta Materials has revised their application to reflect the additional stream
impacts. The following, revised description of the work is taken from data provided by
the applicant.
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The proposed activity would involve the expansion of an existing mine pit. This would
include the creation of a perimeter berm around the expanded pit and a proposed
overburden stockpile south of the power line. Impacts to wetland, streams having
important functions, and streams lacking important functions would result from the
expanding pit area and construction of the berm. The entrance into this site would be via
a proposed culvert within Boyd's Creek. Total aquatic impacts from this proposal now
tota10.44-acre of jurisdictional riparian wetlands, 1,8141inear feet of stream channels
exhibiting important aquatic functions, and 1,2301inear feet of stream channels lacking
important aquatic functions
To mitigate for all unavoidable impacts to jurisdictional features, the applicant has
proposed payment into the North Carolina Ecosystem Enhancement Program (NCEEP).
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 fora 401 Water Quality Certification. A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
the date of the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Oversight and Express Permits Unit, 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
May 10, 2007.
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.
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Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps 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
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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.
Please note that a Public Meeting has been scheduled for May 7, 2007, at the Pleasant
Grove Fire Station located near the project site at 3$47 North NC 49, Burlington, NC.
The meeting is scheduled to begin at 7:00 pm. Representatives of Martin Marietta and
Corps personnel will be in attendance to answer questions and hear comments/concerns.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until Spm, May 10, 2007. Comments
should be submitted to Monte Matthews, Raleigh Regulatory Field Office, 6508 Falls. of
Neuse Road, Suite 120, Raleigh, North Cazolina 27615.
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