19980623 Ver 2_Public Notice_20111021

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From: Wallace, Nancy SAW [[e-mail]]
Sent: Friday, October 21, 2011 10:49 AM
Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps Of
Engineers (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that Wilmington District, United States Army Corps of
Engineers has issued a Public Notice. The text of this document can be found on the Public
Notices portion of the Regulatory Division Home Page. Each Public Notice is available in ADOBE
ACROBAT (.pdf) format for viewing, printing or download at
htto:Ilwww.saw.usace.armv.mil/wetlandsLn_otices/current notices.html.
download from the internet, be sure to check for viruses prior to opening
in vol ves:
PUBLIC NOTICE
ISSUE DATE: October 211 2011
COMMENT DEADLINE: November 21, 2011
CORPS ACTION ID#: SAW-2011-01934
As with anything you
The current notice
PROJECT DESCRIPTION: The Wilmington District, U.S. Army Corps of Engineers has received an
application from Martin Marietta Materials seeking Department of the Army authorization to
impact 80 linear feet of perennial stream channel associated with installing a permanent stream
crossing to access an overburden storage area in Hickory, North Carolina.
POC: Steve Kichefski, telephone [phone] extension 234
Expiration Date: 5:00 p.m., November 21, 2011
Classification: UNCLASSIFIED
Caveats: NONE
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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: October 21, 2011
Comment Deadline: November 21, 2011
Corps Action ID #: SAW-2011-01934
The Wilmington District, Corps of Engineers (Corps) has received an application from Martin
Marietta Materials seeking Department of the Army authorization to impact 80 linear feet of
perennial stream channel associated with installing a permanent stream crossing to access an
overburden storage area in Hickory, 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
Post Office Box 30013
Raleigh, North Carolina 27622
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The proposed project site is on Clark Creek in the northwestern portion of the Martin Marietta
Hickory Quarry located at 1989 l 11h Avenue, SE, Hickory, Catawba County, North Carolina.
This site is located in the Santee River Basin (8-Digit Cataloging Unit 03050102) and the
coordinates (in decimal degrees) for the site are 35.7170 north, 81.3018 west (North American
Datum 1983). See attached USGS topographic project vicinity map.
Existing Site Conditions
The project area is centered on a proposed crossing on Grants Creek, a perennial stream, in the
northwestern portion of the Hickory Quarry property. The area immediately adjacent to the
proposed crossing is undeveloped and forested. The area further to the east and southeast of the
proposed crossing is currently disturbed with active quarry operations. The area further to the
north is forested and the proposed location of future overburden material for which the crossing
is needed. Beyond the Hickory Quarry property is a mix of residential and commercial
development.

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Applicant's Stated Purpose
The purpose of the proposed activity is to construct a permanent, crossing over Clark Creek to
access our permitted overburden storage area in order to continue operations and maintain supply
for the local demand of aggregate.
Project Description
The applicant plans to permanently impact 80 linear feet of perennial stream channel for the
purpose of installing a stream crossing in order to access an overburden storage area. The
proposed crossing is composed of a 96 inch diameter CMP surrounded by Class I or Class II rip
rap. This is to be topped with an 18 inch layer of 3 inch to 5 inch surge material and then capped
with an 8 inch layer of washed stone. Normal flows are intended to passe thru the 96 inch pipe
with high flows passing thru the rip rap layer or over the proposed roadway. The applicant chose
the proposed location based on the topography, straightness of the channel in this section and its
close proximity between the overburden to be removed and the designated overburden storage
area. The applicant proposes to compensate for impacts by making payment to the North
Carolina Ecosystem Enhancement Program.
Other Required Authorizations
This notice and all applicable applicatiorf-tnaterials 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 for a 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, 512
North Salisbury Street in Raleigh, North Carolina. 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
November 21, 2011.
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 is not aware of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA)
within the project area. A final determination on the effects of the proposed project will be made
upon additional review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service."
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 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
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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-jn 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.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, November 21,,2011. Comments should be
submitted to Steve Kichefski, Asheville Regulatory Field Office; 151 Patton:Avenue, Room 208,
Asheville, North Carolina, 28801-5006.

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