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Home My WebLink About20011551 Ver 3_Other Agency Comments_20111222REPLY'f0 ATTENTION OF Regulatory Division Action ID SAW 2011 01765 NC Grarute Corporation Mr Kenny Moles 151 Grarute Quany Trail Mount Auy, NC 27030 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 1343 December 21 2011 Dear Mr Moles \ ,•� . . �^`-�*`� {� , ( a � �'. 'A.t • �' a��v E":.� � f :��. �x � �� f .�.. _"'� , � o ��,��, _ � ��, Gr �2 � � �'QE'N� �q' `� �l �� A! YQ � A N D S T �� v r a r�C q ��H Reference our November 4 2011 Public Notice for the proposed unpacts associated with the modifications to the Ararat River at the North Carolma Grarute Corporation in Mount Airy, Surry County, North Carolma Total impacts associated wrth the Public Notice mclude 600 cubic yards of fill matenal, 1 680 cubic yards of granrte, and the dewatenng of 540 lmear feet of stream channel All impacts aze to the Ararat River, a tributary m the Yadkin River Basm (8 Digrt Catalogmg Umt 03040101) After review of your proposal five letters from vanous agencies were received as well as one email from a nearby property owner We are forwardmg a copy of these letters and the email for your review consideration, and response Of primary concern is the amount of nver water wrthdrawn as a result of the impacts associated wrth tlus application In a letter from the North Carolma Department of Env�ronment and Natural Resources, Division of Water Resources dated December 1 2011 and m two letters from the North Carolma Wildlife Resources Commission dated September 27 and December 2 2011 these concerns are discussed relahve to secondary and cumulative unpacts that may be expected downstream of your proposed fill Several queshons and requests for addrtional information mcludmg a mamtenance plan are also found within the referenced letters and will need to be addressed In addition please address comments on debris removal, sediment accumulation anticipated water levels impact Justification etc as found witlun the attached documents Please mclude an alternahve analysis for mmimizmg or avoiding impacts For example, please document any alternatives to dewatering the 5401mear feet of stream channel (i e use of culverts etc ) and discuss why addrtional fill is needed witlun tlus previously permitted area For all unavoidable impacts please provide a final mitigation plan Also, rt appears that this modification might impact the floodplasn m some manner Therefore a No rise Certification may be required to sahsfy the National Flood Insurance Program or FEMA regulahons If determined necessary, tlus No nse Certification must be supported by techrucal data and signed by a registered professional engmeer The supportmg techmcal data should be based on the standard step backwater computer model (HEC RAS) used to develop the 100 year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBF1V� Ultunately, m order to deternune if a No nse Certification is requ�red, we suggest that you contact FEMA to better determme the need for a No nse Certificate and to answer the specific techrucal requirements Please forward a copy of all applicable matenal to this office when practicable Based on a review of policy with the Corps Office of Counsel, rt appears that you may have to submrt a request for a 408 study to determine potential impacts to the nearby federal levee We are contmuulg to discuss this possibility, and what level of internal review would take place We v�nll provide a decision on the applicability of tlus study as soon as possible and if found valid, the required material to mihate tlus study Even if a 408 is not required the applicant should still conduct the hydraulic analysis stated above to determme if the proposed pro�ect will affect the Ararat River's base flow component which could mfluence the Renfro levee intenor dramage or the 100 year flow condrtions to deternune the impacts to the level of protechon provided by the Ararat River Flood Control Pro�ect Your response to these comments must be given full consideration before we can make a final decision on your applicahon We need your uiformation to address the concerns/issues raised over the proposed pro�ect You may submit additional mformation, revise your plans to help resolve the issues rebut the issues made, or request a decision based on the existmg record You must provide a response to all comments and the additional requested information by January 21, 201 l, otherwise your application will be withdrawn If you have questions or comments please contact Monte Matthews at the Raleigh Regulatory Field Office address telephone (919) 554 4884 ext 30 Smcerely, �� J�ean B Gibby Cluef, Raleigh Regulatory Field Office Attachments copy wrth attachments Mr Ian McMillan NCDWQ 1650 Mail Service Center Raleigh NC 27699 1650 US Army Corps of Engmeers Office of Counsel Attn Mr Justin McCorcle 69 Darlington Avenue Wilmmgton, NC 28403 US Army Corps of Engmeers Attn Mr Mitch Hall 69 Darlington Avenue Wilmington, NC 28403 Ms Amy Euliss NCDENR Wmston Salem Regional Office Division of Water Qualrty 585 Waughtown Street Wmston Salem NC 27107 Mr Michael Wood The Catena Group 410B Millstone Dnve Hillsborough NC 27278 � Matthews, Monte K SAW Sub�ect FW NC Granite Quarry Public Notice (UNCLASSIFIED) � - - Original Message - From Epting, Carrol [mailto carroleptin�(�renfro com] Sent Friday, December 02, 2011 4 41 PM To Matthews, Monte K SAW Cc Carrol Epting Sub�ect RE NC Granite Quarry Public Notice (UNCLASSIFIED) Monte, I do not see in the Public Notice any mention that the water level will be maintained at a level that will keep water off of the flap gates Also, will these weirs collect debris such as fallen trees that will clog up the river? There may be maintenance issues associated with this design What assurances are there that this will not cause the river to s11t �n aga�n? Does this design prevent thss from happening? Thanks for your help in this matter, Carrol Epting Vice President Engineering Renfro Corporation (336) 719 8896 1 Beverly Eaves Perdue Govemor �� NCDENR North Carolina Department of Environment and Natural Resources Division of Waler Quality Coleen H Sullins Director Novembei 4 2011 CCRTIF(ED MA[L 7010 2780 0001 4221 5057 RETURN RECEIPT REQUESTED Monte Matthews U S Ai my Co� ps of Engu�eei s Raleigh Regulatoiy Field Office 3331 Heirtage Tiade D� Surte 105 Wake Foiest Noith Carolina 27587 Sub�ect Pioperty Deai Mi Matthews NC G�anite Quar�y Dee Freeman Secretary DWQ Pio�ect # Ol I551 v 3 Sui iy County On behalf of the NC DWQ 40l/Wetlznds Peimitting Unrt we iespectfully iequest that you conside� the tollow�ng comments �vithin your review of the 404 Indrvidual Pe�mit request for the above i efei enced p� operty I The application states that 540 linea� feet of a side channel to the Aia�at Rive� will be dewate�ed It is undeideteimined at this tune if the channel wili be filled and/o� dewate�ed Please cla� ify the type of impact if any that theie will be to this channel and provide a �ustification for the unpacts Thank you foi yo�n attention [fyou have any questions please contact Sue Homewood in o�u Cential Office �n Raleigh at 336 771 4964 Sinceiely lan McMillan 401 Cooidinatoi Wetlands Buffeis Stoimwatei Compliance and Pe�mrttu�g Unrt (WeBSCaPe) cc DWQ WSRO DWQ — 401 Wetlands Unit File Copy U��eUand Luffris Stonnwatcr Gornph�nce vid Pennilling Und (��eDSC�Pe) 1��0 t�iad Suvic ( enler Raleigh Ilorlh Caulir i 11t59 1( 0 Phone 919 GO! G3001 FAX 919 8Q7 6494 Inlrrnc I hllp /l��uilal nalenroig��vch r q ��s An Equ d �)� p lundy 1 Afhrm�live krlion Fny I i�� i •,\ �1�� `'�:?� � u� �;1�\� - _ _ fi" li� �.� � f} /L4J DEC 0 � 20i9 North Carohna I�epartment of Cultural Resourc��U1at01y �B'�C1CP� State Histonc Preservat�on Office Ramoua lbt Bartos Admm�strator Be� e ly La cs Perdue Got emor Lmda A Carlisle Secmtary JefFccy J Cro�v Deputy Secretarg December 5 2011 Monte Matthews Raleigh Regulatory F�eld Office US Army Corps of Engineeis 3331 Heritage TYade Drive Stute 105 Wake Forest NC 27587 Offce oFArclu�es and i-Lstory Dn uion oF Hutoncal Resources Dav d Broob Duecfor Re NC Gxarute Quariy Permanent Impact to the Ararat Rivex to Eltminate Flow from Enteruig a Side Channel and Intake Pipe SAW 2011 01765, Suriy County, ER 11 2163 Dear Mr Matthews We have Yeceived a pubhc notrce from the US Aimy Corps of EngineeYS concern�ng the above pro�ect We have conducted a review of the proJect and are awaie o£no lusto�c resources wluch would be affected by the pxoject 'I'herefore we have no comment on the pro�ect as proposed The above comments are made puxsuant to Sectton 106 of the Narional Htstoric Preservatton Ac� and the Advisory Counc�l on Histoxic Pxeservat�on s Regularions foi Compltance unth Sectton 10G cochfied at 36 CFR Part 800 T'hank you for yout cooperatton and considexatton If you have ques�.ons concexzung the above comment, please contact Renee Gledh�ll. Earley environmental Yeview cooxduiator at 919 807 6579 In all futuie communication concertung thts pio�ect please cite the above referenced tracktng �umbei SmceYely �� /Ramona M Bartos « Locadon 109 East Jones Streey Raleigh NC 27G01 Ma�Lng Add ess •FGl7 Mvl Se.n ce Ce re Raleigl NC 27G99 4G17 Telephone/Fax. (919) 807 G570/807 G599 � � � � ��" � r ,.�- ',�,�� `� �� .,,� �' � ` s� : � � � � J � � � � � � '�"`� � `� �� j�� " � �,.�' �"��..— .a �f � � �� 1 `�,�5 � � � 4 ;��'�,�,'"`�.`" � North Caroltna Wlldlife Resources Comrrzlsslon � Gordon Myers, Execuhve Director December 2 2011 Mr Monte Matthews U S Army Corps of Engineers Regulatory Branch 3331 Hentage Trade Drive Suite 105 Wake Forest NC 27587 SUBJECT Addihonal WRC Comments on NC Gramte Corporahon After the Fact Pernut Ararat River Surry County Action ID 2011 01765 Dear Mr Matthews The North Carolina Wildlife Resources Commission (WRC) subrrutted comments to you regardmg this pernut action on September 27 2011 We wish to provide additional and clarifymg comments at this hme These additional comments are offered for your considerahon under provisions of the Clean Water Act of 1977 (33 U S C 466 et seq ) and the Fish and Wildlife Coordmation Act (48 Stat 401 as amended 16 U S C 661 667d) The work does not need to be avoided during the trout spawnmg moratonum because we do not anhcipate any appreciable natural reproduchon m this reach of the nver However the nver downstream is stocked wrth trout under our delayed harvest program and should be heavily fished m the spnng early summer and fall Turbidity and sedimentation from the construction of the pro�ect would hamper trout fishmg durmg those seasons Therefore we request that the work occur either dunng mid wmter or less desirably after the mid June to September timeframe We support the improvements to physical stream habitat that are anhcipated with this pro�ect Habrtat quality is currently poor at the site partly due to recent stream work and mampulahon Regardmg the construction design we recommend that the pro�ect mclude a modification of the right bank so that the dewatered bypass channel receives some flushmg flows and woody debns Unlilce the mam channel this side channel provides good habitat for reptiles and amphibians and would be improved further with penodic high flow flushmg This modification may also help stability along the mam channel by providmg some flood energy relief As mentioned m our September 27 2011 comments we are potentially concerned about the amount of Mailing Address Division of Inland Fishenes 1721 Mail Service Center Raleigh NC 27699 1721 Telephone (919) 707 0220 Fax (919) 707 0028 NC Granite Corporation Page 2 December 2 2011 Surry County water withdrawn from the river by the intake We understand that 1 75 mgd is typically withdrawn but we did not note how this relates to the expected low flow conditions of the nver and whether mstantaneous withdrawal rates are much higher We recommend that this information be determmed and would appreciate reviewmg that mformation should it become available Regardless we shll recommend that the intake be situated with its bottom/mvert elevated above the nearest downstream control pomt (cross vane/we�r) so that it is only capable of capturmg 20% or less of the estimated 7Q10 The USGS should be able to assist with an estimated 7Q 10 flow at the site Thank you for the opportumty to review and comment further on this regulatory action Please contact me at (828) 452 0422 extension 24 if you have any queshons about these comments Smcerely �� Dave McHenry Mountam Region Coordmator Habitat Conservation Program Cc Ms Sue Homewood Mr Kenny Moles NC Gramte Corporation � No�ih Carolina Wildllfe �Zesources Commission � Gordon Myers, Executive Director MEMORANDUM TO FROM DATE Monte Matthews USACOE Raleigh Regulatory Field Office Ron Lmville, Regional Coordmator Habitat Conservation Program September 27 2011 �. SUBJECT Achon ID SAW-1988-00292, North Carolma Grarute Corporation (Quarry), Ararat River, Surry County The applicant proposes to obtam after the fact permrt approvals and permrt issuance for impacts to the Ararat River specifically relative to a water wrthdrawal Biologists wrth the North Carolma Wildlife Resources Commission are familiar wrth habitat values m the area These comments are provided m accordance with the provisions of the Fish and Wildlife Coordmation Act (48 Stat 401, as amended 16 U S C 661 667d) and the North Carolma Environmental Policy Act (G S 113A-1 through 113A 10 NCAC 25) The after-the fact permrt request is for unauthorized dam/weir activrties and subsequent impacts to side cannels along the Ararat River The new applicahon is for approvals to mstall natural structures with�n the nver and to use an existmg wrthdrawal Based on our review of the submittal and our knowledge of area habitats we will not ob�ect to the pro� ect providing 1 Process water wrthm the quarry should be managed and recycled to avoid future reduction of rivenne flows 2 The pro�ect should use state of the-art natural channel design methodologies and techmques mstead of hard stabilization Natural ripanan functions should be restored and mauitained (restore free flowing nvenne habrtats) Aquatic life movement impediments dams solid weirs or sunilar structures should not be permitted 3 Nahve plants should be used for the bank buffers The use of Black Walnut (Juglans mgra) trees should be evaluated further as tlus species is a well known allelopathic plant To the extent practicable, 100 foot buffers should be provided for perenrual waters Regardless of v►ndth, maximum available buffers should be provided and permanently protected Mailmg Address Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721 Telephone (919) 707 0220 Fag (919) 707 0028 NC Gramte IN Channel Structures Page 2 September 27 2011 4 Normal riverme flows should be maintamed, especially durmg low flow and drought conditions so that downstream aquahc species and habrtats are not dimuushed No more than twenty (20) percent of base flow should be removed durmg low flow periods Durmg penods of lugher flow diverted water should be stored for use durmg dry periods 5 When practicable heavy equipment should be operated from the bank rather than m the channel Any heavy equipment used in waters should be new or low hour and clean Petroleum spill and contamment equipment should be kept on site whenever fuel and heavy equipment are present 6 The diversion device should have a specific (physical) operational elevation pomt below wluch water cannot be withdrawn Permrts and certifications should preclude alterations and marupulations that v�nthdraw excessive amounts of water from the nver Thank you for the opporturuty to review and comment on tlus pro�ect durmg the early planrung stages If you have any queshons regarding these comments, please contact me at 336 769 9453 E copy Sue Homewood DWQ WSRO �� s�� North Carolina Department of Environment and Naturai Resources Beverly Eaves Perdue Governor MEMORANDUM FROM TO Division of Water Resources Thomas A Reetler Director December 1, 2011 � Jun Mead, SEPA Review Coordmator DWR � Dee Freeman Secretary Monte Matthews Raleigh Regulatory Field Office US Army Corps of Engmeers SiJB.dECT NC Grarute Corporation Quarry Intake 404/401 Permrt Application Ararat River, Surry County, NC SAW-2011 01765 The Division of Water Resources (DWR) has reviewed the U S Army Corps of Engineers' application nohce for an after the fact mtake and a proposed m stream diversion structure m the Ararat River to provide process water for quarry activrties DWR has the following comments The quarry intake is located 4 river miles upstream of Mt Airy's wastewater treatment plant (WWTP) and the confluence wrth Lovills Creek The WWTP has a permitted discharge to the Ararat River of 7 mgd Lovills Creek is a 303 d listed tnbutary of the Ararat River The Ararat River is 303 d listed for turbidity m rts lower 15 river-mile reach to the Yadkm River confluence Tlus uiformation is presented for consideration of possible cumulative impacts 2 The nohce states that the quarry presently requires 1 75 million gallon per day (mgd) or 2 7 cubic feet per second (cfs) to contmue operation Is tlus value a daily average� What is the maximum mstantaneous withdrawal amount� 3 It is unclear from the drawmgs how the in stream structures will partrtion flow m the Ararat River between the downstream flow by and the diversion mto the quarry s reservoir Information that would help clanfy how the diversion and mtake function mcludes • The elevahon of the lip of the quarty s bank side intake and the stream discharge associated wrth that elevation T'he water surface elevation of the river at the 7Q 10 flow The ratmg for the amount of water conveyed through the intake at different depths above rts lip Water elevations should be provided for condrtions wrth the mstream rock vanes mstalled It may be necessary to mdicate these elevations at more than one location — for example at the mtake and for the flow by portion of the channel 1611 Mad Serwce Center Raleigh North Carolina 27699 1611 One Phone 919 733-40641 FAX 919 733 3558 Internet www ncwater org NorthCarolina An Equal Opportunity \ Affrmative Action Employer— 50/ Recycled 110/ Posl Consumer Paper ��` �C`� Monte Matthews Raleigh Regulatory F�eld Office USACE NC Gramte Corp 404/401 Application (SAW 201 I 01765) December 1 201 l 4 Based on preliminary DWR calculations the stated 2 7 cfs withdrawal slightly exceeds the volume of water equivalent to 20%7QI0 See below USGS Station #02113850 ARARAT RIVER AT ARARAT NC Daily Discharge 1964 04 O1 to 2011 11 11 Drau►age Area (DA) = 231 mi2 7Q 10 = 47 2 cfs ( 204 cfs/mi2) Quarry Site Coordmates N36 50971 / W80 59201 DA � 65 mi2 7Q10 � 13 cfs 20%7Q10 � 2 6 cfs (1 68 mgd) DWR uses the 20% of 7Q10 value as a threshold to determine if further evaluation of the iznpacts on mstream flow and aquahc habrtat is needed Tlus evaluation could mclude a srte specific study to determine mstream flow by requirements %r operation of the intake It should be noted that the maximum mstantaneous v�nthdrawal amount is used to calculate the percentage of 7Q 10 wrthdrawn If the 2 7 mgd wrthdrawal is an average daily value and the instantaneous maximum withdrawal rate is lugher, then the 20% 7Q10 threshold would be more sigruficantly exceeded The applicant should provide information to help determme if a study to establish a flow by requ�rement is required First they should contact the U S Geological Survey to obtam a formal estimate of the 7Q 10 at the wrthdrawal location The applicahon should also mclude an on site drought response plan and any water reuse/conservation efforts that would reduce the withdrawal amount when flows m the Ararat River approach 7Q10 drought levels 5 DWR s evaluation of mstream flow concerns pertains to physical aquatic habitat Water qualrty impacts are not part of this evaluation The appropriate DWQ staff should be consulted to determine if reductions in the 7Q10 flow at this upstream location at 65 square miles of drainage area would adversely affect assimilative capacrty at the Mt Airy WWTP located farther downstream on the Ararat River 6 The applicant should provide a mamtenance plan to assure that the proposed mstallation and intake will funchon as proposed over time We recommend that the 404 permrt for thts pro�ect be wrthheld until the addrtional information described above has been provided by the applicant so that a review of instream flow concerns can be completed Thank you for tlus opporturuty to comment Please contact Fred Ta.rver at 919/715 5442, or fred tarver(�a,ncdenr �ov , if you have any queshons about these comments cc Steve Reed Frea Tarver - DVVR 2