HomeMy WebLinkAbout20011551 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 \
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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
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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
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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
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�/Ramona M Bartos
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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
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� 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
��
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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
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