20011551 Ver 3_Public Notice_20111104

Dennison, Laurie
From: Harrington, Dorothy SAW [[e-mail]. mil]
Sent: Friday, November 04, 2011 8:50 AM
To: Matthews, Monte K SAW
Cc: James, Lisa M SAW
Subject: US Army Corps of Engineers Public Notice for North Carolina Granite Corporation (Quarry) -
2011-01765
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 (.pdo format for viewing, printing or download at
httl2://www.saw.usace.army.mil/WETLANDS/notices.html. As with all e-mail attachments, be sure to check for viruses
prior to opening the attachment. The current notice involves:
PUBLIC NOTICE
ACTION ID #: 2011-01765
04 November 2011
The Wilmington District, Corps of Engineers (Corps) has received an After-the-Fact application from the North Carolina
Granite Corporation (Quarry), seeking Department of the Army (DA) authorization for permanent impacts to the Ararat River
in the amount of 600 cubic yards of fill material to eliminate flow from entering a side channel and 1,680 cubic yards of granite
boulders placed in a manner to deflect river flows near their intake pipe. The fill material associated with eliminating the flow
in the side channel is in addition to fill originally permitted in 1988 by Individual Permit, but at the time was only for reducing
the amount of water entering this channel. Completely eliminating the hydrology to this side channel will result in an
additional 540 linear feet of dewatered jurisdictional channel. The granite current-deflectors will appear similar to stream
restoration structures and will be comprised of a w-weir, a double drop cross vane, and a single wing deflector. Therefore, total
impacts associated with this permit application include 600 cubic yards of fill material, 1,680 cubic yards of granite, and the
dewatering of 540 linear feet of stream channel. All impacts are associated with the current operations of the NC Granite
Quarry near Mount Airy, in Surry County, North Carolina. One DA Individual Permit and two Nationwide Permits
(maintenance) were previously issued for earlier fill to modify current direction and channel re-adjustments.
EXPIRATION DATE: 05 December 2011
POC: MONTE MATTHEWS
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US Army Corps PUBLIC NOTICE 4
Of Engineers
Wilmington District
Issue Date: November 4, 2011
Comment Deadline: December 5. 201 1
Corps Action ID #: SAW-2011-01765
The Wilmington District. Corps of Engineers (Corps) has received an After-the-Fact
application from the North Carolina Granite Corporation (Quarry). seeking Department
of the Army (DA) authorization for permanent impacts to the Ararat River in the amount
of 600 cubic yards of fill material to eliminate flow from entering a side channel and
1.680 cubic yards of granite boulders placed in a manner to deflect river flows near their
intake pipe. The fill material associated with eliminating the flow in the side channel is
in addition to fill originally permitted in 1988 by Individual Permit, but at the time was
only for reducing the amount of water entering this channel. Completely eliminating the
hydrology to this side channel will result in an additional 540 linear feet of dewatered
jurisdictional channel. The granite current-deflectors will appear similar to stream
restoration structures and will be comprised of a w-weir. a double drop cross vane. and a
single wing deflector. Therefore. total impacts associated with this permit application
include 600 cubic yards of fill material. 1.680 cubic yards of granite. and the dewatering
of 540 linear feet of stream channel. All impacts are associated with the current
operations of the NC Granite Quarry near Mount Airy, in Surry County. North Carolina.
One DA Individual Permit and two Nationwide Permits (maintenance) were previously
issued for earlier fill to modify current direction and channel re-adjustments.
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 \\ \\ \\ e laild-
Applicant: NC Granite Corporation
Mr. Kenny Moles
151 Granite Quarry Trail
Mount Airy. NC 27030
Agent: The Catena Group
Attn: Michael Wood
410B Millstone Drive
Hillsborough. NC 27278
Authority
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 NC Granite Corporation is an existing quarry located at 151 Granite Quarry Trail.
Mount Airy. NC 27030. The project site contains portions of the Ararat River
immediately downstream of the Linville Road Bridge. The Ararat River is a tributary in
the Yadkin River Basin (8-Digit Cataloging Unit 03040101). Latitude and Longitude in
Decidegrees of the site is 36.51 N. and -80.592 W.
Existing Site Conditions
The site is currently an existing granite quarry with roads, buildings, and other common
mining features found within this area. The Ararat River borders the current quarry site.
A portion of water from the Ararat River enters the Quarry's intake pipe and is held in a
nearby water supply pond until needed for mining and granite processing operations.
Land on the opposite side of the Ararat is also owned by the Quarry, but remains
forested. However, in the 1980's the Ararat broke through its banks on the forested side
and created a new side channel. River flow has attempted to use this side channel since
then. which reduces available water for the Quarry's intake.
Also during the 1980's the Corps conducted an Environmental Impact Statement to
study, design, and construct a flood control system on the Ararat River in Mount Airy.
This study resulted in the construction of several flood control structures along the river.
The closest to the Quarry site is immediately upstream of the Linville Road Bridge where
a flood levee was built to protect existing businesses along the west side of the Ararat
River.
The Ararat River is a tributary in the Yadkin River Basin (8-Digit Cataloging Unit
03040101).
Applicant's Stated Purpose
The project purpose is to develop a reliable source of useable water for current granite
mining and processing operations. Current operations require 1.75 million gallons of
water per day to continue operations.
Project Description
As state above, in the 1980's a side channel on the Ararat River formed naturally which
reduced available water to the Quarry's water intake pipe. In an effort to preserve their
water supply. the Quarry constructed a dam across the new side channel as well as the
main-stem of the Ararat without a DA 404 permit. A letter of unauthorized activity was
issued on September 17. 1987, which detailed this violation and led to the subsequent
removal of the main-stem dam and DA After-the-Fact permitting for the remaining fill in
front of the new side channel. The After-the-Fact Individual Permit for the remaining till
was issued on Februarv 1, 1989.
On January 31.2011. the Corps sent a letter of Permit Non-compliance to the Quarry for
once again constructing a dam across the main-stem of the Ararat River. This time it was
noted that the unpermitted dam was impounding water against the nearby levee. The
Corps determined that the impounded water was affecting the functioning of the federal
levee. therefore the Quarry was ordered to take initial corrective measures to reduce the
level of impounded water until the levee could function as intended. The main-stem dam
was once again removed. and the river was allowed to reach original base flow levels.
This application proposes a long-term solution where the flow to the side channel would
be completely eliminated and flow diversion devices would be established within the
channel to provide all needed water. To mitigate for the anticipated impacts, the
applicant has proposed a 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 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 N. Salisbury Street.
Raleigh. North Carolina 27604. 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. Karen Higgins by
November 25. 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.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is aware that the North Carolina Granite Quarry is listed within this document.
The Corps will consult with the State Historic Preservation Office regarding potential
adverse affects. if any. to this property prior to permit issuance. Presently. other
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
4
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 ofan
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.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers. Wilmington District, until 5pm. December 5. 2011.
Comments should be submitted to Monte Matthews. Raleigh Regulatory Field Office.
3331 Heritage Trade Dr.. Suite 105. Wake Forest. NC 27587.

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