20011551 Ver 3_Other Agency Comments_20111004

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2011-01765 County: Surry U.S.G.S. Quad: VA-MOUNT AIRY NORTH
INCOMPLETE APPLICATION
Propertv Owner: NC Granite Corporation Agent: The Catena Groun
Attn: Kennv Moles Attn: Michael Wood
Address: PO Box 151 Address: 410-13 Millstone Drive
Mount Airv, NC 27030 Hillsborough NC 27278
Location/Description of Proposed Activity: 151 Granite Quarry Trail, Mount Airy, NC 27030. This proposal is
an After-the-Fact permit application for additional fill on existing weir, dewaterin2 an existing cut through
channel, and new instream flow diversion structures
Type of Permit Applied For (check one): IP ® NWP ? GP ?
Applicable law: Section 404 of the Clean Water Act®; Section 10, Rivers and Harbor Act ?
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
? Your application form has not been completed and/or signed (see remarks)
? Under the conditions of the Nationwide Permit, mitigation is required for your project. The mitigation
proposal submitted with your application is insufficient. (see remarks.)
? Your application did not include a statement explaining how avoidance and minimization for losses of waters
of the U.S. were achieved on the project site. (see remarks)
? Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
? Your application did not include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows, and riffle and pool complexes as required.
? You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your WRC
representative)
® Other (see remarks below).
REMARKS:
1) The attached Tolling Agreement must be completed and signed by someone of the NC
Granite Corporation that has the authority to bind the company (i.e. corporate officer, etc.). The signed
original form must be returned to: US Army Corps of Engineers, ATTN: Monte Matthews, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587.
2) For our Purpose and Need Statement please describe the amount of water needed for quarry operations
which would be supplied by this proposal (i.e. gallons per day, etc.). This will help with the identification of
alternatives, and the elimination of any considered non-viable.
Page 1 of 2
D
OCT ® 4 2011
DENR. WATER QUALITY
WETLANDS AND SMPOMTER BRANCH
Please submit the above information within 30 days of receipt of this Notification or we will
consider your application withdrawn and close the file. Please call or email
(illojite.K111ntdie?vsCiisace.«rmti7.viil) me if_vou have any questions.
Date: _October 3, 201 I I
Corps Regulatory Official: Monte Matthews Telephone No: 919-554-4884 ext.30
Corps Regulatory Field Office Address:
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Copy furnished:
Ms. Amy Euliss, DWQ Winston-Salem
Mr. Ian McMillan
DWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
2
TOLLING AGREEMENT
WHEREAS, the United States of America, on behalf of the United States Army Corps of
Engineers (Corps) may file a complaint against the North Carolina Granite Corporation
("potential defendant(s)") for, inter alia, alleged violations of Section 404 of the Clean Water Act
("CWA"), at a site located at 151 Granite Quarry Trail, Mount Airy, North Carolina, which
is the subject of the enforcement action initiated by the Wilmington District Regulatory
Division, Action ID: SAW-1988-00292.
WHEREAS, the purpose of any such complaint would be to obtain appropriate injunctive
relief and to impose appropriate civil or criminal penalties for potential defendant' (s) alleged
violations of the statute(s) cited above;
WHEREAS, the Corps accepted an after-the-fact (ATF) permit application (Action ID
SAW-2011-01765) from the potential defendant(s) in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by continuing the
ATP permit process without the disruption that might be occasioned should the United States file
a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement;
THEREFORE, the United States and potential defendant(s) stipulate and agree as
follows:
The United States and potential defendant(s) agree that the time between the
acceptance by the Corps of the ATF permit application and the final Corps decision (as defined at
33 CFR 331.10) will not be included in calculating any statute of limitations that might be
applicable to the alleged statutory violation(s) described above. Potential defendants agree not to
assert, plead, or raise in any fashion on behalf of any party, whether by answer, motion, or
otherwise, any defense or avoidance based on the running of any statute of limitations that may
apply during that period or any defense or avoidance based on laches or other principle
concerning the timeliness of commencing a civil action, based on the failure of the United States
to file its complaint during that period.
2. Potential defendants further agree not to transfer the property in question during the
pendency of this tolling agreement nor during the pendency of any civil action brought as
described above, without first notifying the United States and giving the United States a
reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the United States
from filing a complaint regarding any alleged statutory violation(s) not described above, at any
time.
4. This tolling agreement does not constitute any admission of liability on the part of
potential defendants; nor does it constitute any admission or acknowledgment on the part of the
United States that any statute of limitations has run or that any statute of limitations is applicable
to the statutory claims described above.

5. This tolling agreement contains the entire agreement between the parties, and no
statement, promise or inducement made by any party to this agreement, or any agent of such
parties, that is not set forth in this agreement shall be valid or binding. This tolling agreement
may not be enlarged, modified or altered except in writing signed by the parties. This tolling
agreement may be executed in counterparts.
FOR the United States of America:
M. Brooke Lamson
District Counsel
Wilmington District, U.S. Army Corps of Engineers
Mr. Kenny Moles
North Carolina Granite Corporation
DATE
DATE