HomeMy WebLinkAbout20111013 Ver 1_Public Comments_20111230lan McMillian
401 Sect�on Examiner
Division of Water Quality
Department of Natural Resources
N Salisbury Road
Raleigh NC
Mr McMilhan
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I read today about a Martin Marietta m�nmg pro�ect s 404 wetlands/401 water quality certification
application The SAW number is 2011-02235 it is my belief economic development �s a beneficial
venture So I am not opposed to mirnng for limestone I am opposed to this application though After
reading the application I have no peace many questions and hope those charged to evaluate the
pro�ect will ensure the questions i have are answered fully before approval is considered
I understand the application for the 404 wetlands permit and the NC State Water Quality 401
Certification was written by Kimley Horn I live in Goldsboro NC I can see Stoney Creek a 303 d
stream from my upstairs wmdows I followed Kimley Horn s efforts/work product for the Stoney Creek
Restoration pro�ect and the Stoney Creek Park pro�ect very closely I have over four huge Rubbermaid
storage container of data collected It was an eye opening experience Over and over I found the�r work
had mistakes and omission There seemed to be little attention to detail by them It was extremely
frustrating to see applications given to regulators which were not drawn to scale did not include
elevations and did not include key elements It was extremely difficuit to evaluate their work because
so much was missing During the first public meeting for the Park pro�ect their diagram sitting on an
easel in the front of the room didn t even have a legend/key and it too was not done to scale One man
remarked his house was actually represented as part of the Creek itself� After I endured/witnessed
what I did beginning m 2005 where Stoney Creek was concerned I am extremely wary whenever I see
the name Kimley Horn on any appl�cation � At the time I learned the company routinely was consultants
for industrial pro�ects not conservation pro�ects To be quite honest with you since this application is
supposedly right up their alley I expected less problems However I see so many of the same sort of
what I call sloppy work here I saw before I am floored any company would even consider what has
been submitted complete work product and ready for regulatory evaluation I wish to bring to the
attention of those who are in a position to protect our resources and ensure any endeavor m our Coastal
Plain will not negatively impact or upside the fragile and recovering ecosystems in the region
I fully understand the work is being evaluated as correct by the Army Corp of Engineers where the
wetlands are concerned Martin Marietta the applicant will be responsible �ust as Wal Mart was
ultimately responsible in New Smyrna FL case I hope every NORTH CAROLINA and FEDERAL agency who
is sharehoiders in the preservation and stabil�ty of North Carolina s Coastal Plain will make it a priority to
dissect and double check this application for accuracy I also expect regulators to re�ect any pro�ect
which is not complete Shaded areas and labels on a flat surface map surely are not sufficient to
demonstrate disturbance elevation traffic possible water noise air pollution It seems odd to me to
expect public comment on this application In my opinion this one deserves to go back to the drawmg
board and actually look like engineers prepared it�
This mining pro�ect is located in one of the most beautiful and fragile areas of our state With the short
window and the holidays overlay it has been impossibie for me or any individual to do a complete due
diligence where this application goes Just to confirm the wetlands delineations on the pro�ect parcel
the ratio of wetlands impacted and soil and hydrology site evaluat�ons and modeling has been neariy
impossible because so many are out on leave this month� I do expect full due diligence to be expended
by each state and federal agency trusted with the task to protect our resources all of them�
The difference in my opinion between a good pro�ect and a deficient pro�ect is the detailed piannmg
A good pro�ect fully evaluates the particulars and provides detaiis for the pro�ect details which can be
verified Details which reflect a careful and profound understanding of the site and its historical
ecological and economical position This application falls short on all three positions There is no
mention of why this mining effort would be a positive when the area historically was mined and found
to be detrimental to the health and long term stability in the region This application does not note any
migratory patterns does not note any speaes or population or survey of plant or animal life on the site
or explain how their mining operation will affect the various ecosystems Surely there has been such
data collected? For years Weyerhaeuser participated in various studies to help all understand how their
pine plantations worked with the local ecology/ecosystems and actually fostered improvements in some
plant and animal habitats Don t the red fox and the black bear call this region home? I believe there
should be more prov�ded by the application It is much better in my opirnon to hold the line until full
d�sclosure is made al) parties understand the particulars of a proJect and are on the same page and
there is proper accountability and little room for error than rubber stamp a pro�ect and hope the
deficiencies do not rear up and cause harm
Smce this application involves water the degree of planning is heightened Water is fluid and forceful
and requires a great deal of planning to ensure best management practices are expected and deployed
and costly mistakes are avoided Pro�ects like this one quickly reach point of no return and correction is
not possible Compensation is the only avenue available When the fallout impacts fragile ecosystems
(mcluding ground water and the Castle Hayne Aquifer and the human ecosystem) isn t it critical the
plan submitted be complete and even contain contingencies7 We certa�nly don t want public or private
wells to be compromised/harmed� Since the Castle Hayne aquifer is so close to the surface I also
wonder how arnmals and plants in the area might be affected I don t even see where any welis
locations have been considered and noted on this application � Does the applicant know where these
wells are? There is no mention specific to any of the aquifers they do not actually detail where and how
they plan to address the water in their mining venture During this economic climate it is even more
egregious to delwer a half baked plan without contingencies and expect should something go wrong
others to apply to the Clean Water Management Trust Fund for mini or full grants to fix failouts which
could have been avoided if the ongmal pro�ect was fully developed and delineated i was discouraged
to hear from one Division of Water Resources worker that he hadn t read the 404/401 application I
believe it is critical for all enforcement/regulators to read ali submissions made by the applicant� This
man also remarked over and over this pro�ect had been in the making over a year and haif Honestly I
don t see a year and halYs efforts reflected in this appiication � After reading the application I do now
believe this application does NOT reflect enough planning to provide the public/taxpayer with any peace
regarding this pro�ect and hopefully you Mr McMillan will agree Honestly I have questions than
answers at this moment How can anyone be expected to evaluate what has been submitted? I hope
you also pass my concerns to the Corps for their review process
My second concern is the timing of this application Why apply in November knowing there is a 60 day
window for the State s DWQ and the agency experiences its highest vacation and leave during this same
window? Fishy or coincidental? Who can say? After what I endured with the Stoney Creek pro�ect the
timing is not a shock to see Kimley Horn submit an application so close to the holidays� I hope as a
regulator the timing is not dismissed as coincidental though Sure it may be but I can t seem to shake
these thoughts Surely Martm Marietta must realize by submitting this application using this window
they have done zero to gain good wiil and trust in the community No consideration was provided was
it? I wish DENR would institute a moratorium and force applications submitted after Nov 1 to be
deferred until Jan 2nd of the new year OR at the very least reqwre an additional 30 days for those
applications to allow for the holiday calendars and personnel being out! It is also the busiest of times
for the public isn t it? it is the easiest time for appiications to miss the radar of folks who should/could
be stakehoiders who may be traveling or �ust busy with holiday activities The State of NC does not
independentiy notify the public but actually depends on the Army Corp of Engineers public notification
system The applicat�on mentioned a few FEDERAL regulatory items such as the Magnuson Stevens
Fishery Conservation and Management Act Why no reference to specific North Carolina mandates7
Surely we have some? i would be interested why no specific North Carolina Fishery advisory was noted
as being in favor of this pro�ect? I also understand there are various surface waterways a ma�or basin
and an already impaired stream which will be impacted Why were no details provided by the applicant
to demonstrate how their operations will impact or what exact steps they will be taking to minimize
impact?
The Federal Army Corp of Engineers is ONLY narrowly evaluating whether the application adheres to the
Federal wetiands regulat�ons and approaches each application as correct The State of North Carolina
has much more to evaluate right? There are multiple layers ( lite�ally) of water issues including but not
exclusively ground and surface water stability and quality in a river basin already negatively impaired
and evaluating the particulars of a mirnng operation m a vicirnty of North Carolina where mming
collapsed decades ago because it was deemed too harmfui to the ecological heaith of the area Surely
there is historic data? There has been a concerted expensive protracted effort to restore and allow
economic development in this region which is harmonious to ecological stability Can mming
aggregate in 2012 be done m a manner that is harmornous? I am open to the possibility but I do not
see where the applicant acknowledged the history of the region or noted any of the particulars Are we
and the regulators supposed to guess7 The delicate elements which much be considered are missing
from their application An explanation of their proposed best management practices for minmg so close
to waterways and specifically so close to the Pamlico River which is impaired is also missing This
pro�ect will impact the Pamlico River Basin Yet I did not find any specifics in the application
The application mentions the managed pme plantation is located on the topographic high point and
inter stream divide between the Neuse River and the Tar Pamlico River' What is the exact elevation?
Is the aggregate open pit mine pro�ect going to replace the existing site and therefore remove the
topographic high point ? And what is the inter stream referencing? Are they assertmg the site
empties into either the Pamlico or the Neuse? What are the ACTUAL bodies of water which will be
impacted? i heard on the news the name BLOUNT s CREEK I don t see it anywhere in the application?
Surely the applicant needs to use correct and complete name markers of all bodies of water� They used
a term I have only heard the term inter stream used when speaking of high elevations I hope you
get some straight answers I didn t see any topographic map included with the pro�ect Sure there is one
marked topographic but there are no elevations mcluded Why on earth did Kimley Horn include or
label FIGURE 2 as they did? Surely regulators understand the difference of a real topographic map
properly keyed and labeled and one that simply says it is one? This sort of pro�ect mvolves water
runoff/discharge and it is of paramount concern why omit the figures/diagrams and specifics in the
application? Does the applicant believe if they are vague it wili work to their favor? I hope you wili
make sure vagueness is NOT rewarded
I believe they need to be forthcoming with why they believe their techniques won t harm and spell out
exactly what they intend to do on every square foot of the pro�ect site Not �ust shade a few areas on a
flat diagram and expect regulators to consider the plan fully developed and able to be evaluated I
believe the application should have included the geologic and hydrologic studies too What are the
dimensions of their processmg plant and how about traffic/movement? It is their responsibility to
provide these studies and designs for your evaluation I didn t even see mention of any studies in their
plan I understand only because I contacted some folks at DENR Martin Mar�etta hired GMA out of
Greenville to do some sort of ground water modeling I still do not know if the modeling was a 50 year
model or not The pro�ect is slated for a 50 year life A lot can happen in 50 years Why wasn t the
modeling and report included for public review and consideration? Aren t the exact measurements
necessary in order to do modeling? I understand GMA had to do the modeling more than once I have to
wonder where they got their initial raw data What they got wrong? And how does their work impact
mirror or contrast with this application? Since it has been omitted it is impossible to evaluate You and
the public deserve to see and evaluate the FULLY DEVELOPED PLAN This is a 50 year venture This
should not be done in piecemeal fashion I have yet to get a straight answer from anyone one regarding
the time progression used for the modeling Was it done for the full 50 years? Wouldn t this
information be extremely valuable to the commurnty7
I also don t know the particulars where the proposed rock slated to be mined and the water table are
concerned as far as the application goes There is no diagram noting where the deposit is located on the
site is there? Isn t this necessary to know in order to evaluate the pro�ect� Did the applicant provide
the particulars to GMA? Again I ask why didn t the application include geologic soil hydrologic studies
and the modeling When I was dealing with the Stoney Creek pro�ect Kimley Horn neglected to
represent the site as far as elevation and scale was concerned and they failed to actualiy include real to
scale drawings of elements They also failed to note at any time the element they were pushing so hard
to get permitted would actually turn a PARK parcel of land into a swamp� How can any regulator be
expected to evaluate a plan which is not completely delmeated?
One diagram was provided as Proposed Mine Plan No site photos were included WHY? When I
asked if anyone had done a site evaluation I was told no one with the State had I was also told this site
was nowhere I beg to differ I have included various maps created by NWQ of this area and the
surrounding area It is an area which may be considered rural but it s value and importance to North
Carolina must never be dismissed because it is not extensively built out There are reasons to monitor
any disturbance carefully I expected folks who work for the water resource department of the State of
North Carolina to actually understand why conservation and limited development are preferred m this
region The closer one gets to the coast the more valuable and scarce potable water is I hope the folks
who work in the Corps and DWQ do understand how some land especially close to the coast needs to be
carefully protected The quarry overlaps as best as I can tell with the extensive drainage system
currently in place Yet the pian does not provide any drainage or discharge particulars once the quarry
displaces the ditches Why mention the extensive drainage system at ail? I don t understand how it is
relevant to the NEW pro�ect May work weli for a pme hanrest business but And how exactly wdl the
mine and the dismantlmg of the extensive drainage system affect the pine plantation business? The
application doesn t reflect when the drainage system was created why it was created or how their
mme will impact it The application does say their mine pro�ect is inside a 90 000 acre silviculture
(loblolly pine) plantation More questions than answers�
I am suspicious of the wetlands scale and locations on their diagram While i have never walked this
area or taken measurements I did in Goldsboro and Stoney Creek I discovered the diagram produced
did not fully or accurately depict the actual wetlands and the USACE in DC where I sent information
found the same conclusions I did So I have to ask PLEASE double check the math and the actual site� I
see a red flag Shouldn t Martin Marietta or someone have chronological wetlands maps for this area?
Why was only that one hand drawn diagram provided? Also the topographic map they used was dated
1983 That map is almost 30 years old�
Is the processing plant to scale7 There are no speci�cs about it in the plan The stock pile area is located
on opposite side of the site from the processing plan Does this seem to reflect an effort to provide best
management practices? Does it even make sense? How wili dust particles or any of the by products of
the mining affect the stockpile area? The stockpile is next door to the wetlands which have not been
delineated or counted Is that appropriate? The Vicirnty Map shows the PROJECT BOUNDARY Yet
the Proposed Mine Plan — Clean Water Act Jurisdictional Areas impacts does not delineate the size of
wetlands from east of Nancy Branch Road close to a shaded area marked as QUARRY This portion of
wetlands is not included in the calculation of total wetlands impacted either If you add the tiny
wetlands which have labeled sizes and are delineated you get the 6 89 mentioned in the application and
reason for how they can apply for an express 404 permit How exactly can they ignore or omit other
wetlands WITHIN their proposed pro�ect site? How can they come up with the SIZE of the STOCKPILE
area? I am no expert with mining concerns but that doesn t seem to be in scale There is no element s
size noted m the application Will you make sure their application is complete?
Doesn t this wetlands omission mean a 404 is not sufficient?
For a long term pro�ect like this should a 404 be allowed at ail? This pro�ect is a long term one 50
years Shouldn t the planning show how this pro�ect will evoive over time? I have attached a few
reports and a particular webpage I found today which i believe have relevance to this site and therefore
this application I also have shaded the wetlands on the pro�ect appiication FIGURE 6 that were not
included in the calculation One last item where is FIGURE 3 FIGURE 4 and FIGURE 5? I didn t see
them
Please Mr McMillan make Martin Marietta go back to the drawing board and actually develop a pro�ect
plan that CAN be evaluated�
�cerely
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Victoria Jordan
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us a�y co�s
Of Engmeers
Wilmmgton Distnct
PUBLIC NOTICE
Issue Date
Comment Deadline
Corps Achon ID #
December 1, 2011
December 31 2011
SAW 2011 02235
The Wilmuigton Distnct, Corps of Engm�eers (Corps) has received an apphcahon from
Marhn Marietta Mater�als, Inc. seekuig Department of the Army authonzahon to
unpact 6 69 acres of Sechon 404 wetlands and 58,6711inear feet of,unsdichonal
�an-made drtches associated vv�th the development of a 649-acre open pit aggregate
m�ne on the Craven-Beaufort Connty border North Carohna.
Specific plans and locat�on informahon are descnbed below and shown on the attached
plans This Pubhc Nohce and a11 attached plans are also available on the Wilmington
Distnct Web Srte at www saw usace army mil/wetlands
Appl�cant Mamn Manetta Matenals Inc
2710 WychffRoad
Raleigh, North Carohna 27607
AGENT (if apphcable) Kunley Horn and Associates Inc
Post Office Box 33068
Raleigh, North Cffioluia 27636
Authonty
The Corps will evaluate tlus apphcation and decide whether to issue condihonally issue
or deny the proposed work pursuant to apphcable procedures of Sect�on 404 of the Clean
Water Act
Locahon
The proposed pro�ect site is located appro�umately 7 m�les east of U S Highway 17 on
the Craven-Beaufort County border m North Carolu�a (35 351152 N 77 041220 V�
Access to the property is east from U S Highway 17 on C C Road approxunately 6
miles and then south on Schull 2 Road approximately 2 5 miles The srte is located on
the drainage basm divide between the Neuse River and Taz Pamlico River Basms
E�shng S�te Condihons
The pro�ect srte is 1664 acres m size The srte is enhrely located m a conhguous 90,000
acre area converted and managed for silviculture (loblolly pme) and is currently owned
and managed by the Weyerhaeuser Corporahon The managed pme plantahon is located
on the topographic lugh pomt and mter stream divide between the Neuse River (HiJC
03020202) and the Tar-Pamlico River (HUC 03020104) basuis and is generally well
drained by an elaborate drtch drainage system The pro�ect srte contams 18019 acres of
�unsdichonal wetlands and 99 059 hnear feet of man made dramage drtches wluch are
considered�unsdictional waters regulated by the U S Aimy Corps of Engmeers under the
Clean Water Act A �unsdzchonal detemunation was made by the USACE in March
2008 and stream ongmat�on determinat�ons by the North Carohna Division of Water
Quahty (NCDWQ) were conducted m 2005 and 2010
AppVcant's Stated Purpose
The purpose of ttus pro�ect is to develop a crushed stone operat�on to supply aggregate
matenal to the construchon mdustry serving the general area of Beaufort and Craven
Counbes m North Catolina
Pro'ect Descnphon
The apphcant proposes to develop a 649-acre open prt aggregate muie processuig plant,
and overburden stockpile areas vv�thin the 1 664 acre srte over the course of
approxunately 50 years Total �mpacts for the bmlt-out condibon of the mine mclude
6 69 acres of�urisdictional non-npanan wetlands and 58 671 hnear feet of�unsdichonal
man-made drtches To mingate for the proposed unpacts the apphcant proposes to
restore 6 75 acres of non npanan wetland via payment into the North Carolma
Ecosystem Enhancement Program (NCEEP)
Other Required Aathonzahons
This nohce and all apphcable apphcation matenals are bemg forwazded to the appropnate
State agencies for review The Corps r�nll generally not make a final permrt dec�sion unhl
the North Cazolma Division of Water Quahty (NCDWQ) issues demes or waives Sta.te
Cerhfication reqwred by Section 401 of the Clean Water Act (PL 92 500) The receipt of
the apphcahon combuied v�nth the appropnate apphcahon fee at the North Cazoluia
Divis�on of Water Qualrty central offce m Raleigh will conshtute uut�al receipt of an
apphcation for a 401 Water Quahty Certificahon A waiver vv�ll be deemed to occur if
the NCDWQ fails to act on tlus request for certYficabon vv�thm sixty days of the date of
the receipt of this not�ce m the NCDWQ Central Office Addit�onal uiformahon
regardmg the Clean Water Act certificahon may be reviewed at the NCDWQ Cent�ral
Office, 401 Oversight and Express Pernuts Unrt, 1650 Masl Service Center Raleigh
North Carohna 27699 1650 All persons desu7ng to make comments regazding the
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applicarion for cerkificahon under Sect�on 401 of the Clea.n Water Act should do so m
wnting dehvered to the North Caroluia lhvision of Water Quality (NCDWQ) 1650 Mail
Sernce Center Raleigh, North Carolu�a 27699-1650 Attention Mr Ian McMillan by
December 31, 2011
Essenhal �'�sh Habitat
Tlus norice �bates the Essential Fish Habrtat (EFI� consultation reqwrements of the
Magnuson-Stevens Fishery Conservahon and Management Ac� The Corps' uut�al
deteiminat�on is that the proposed pro�ect will not adversely unpact EFH or associated
fisheries managed by the South Atlanhc or Mid Atlanbc Fishery Management Councils
or the Nattonal Manne Fishenes Sernce
Cnitaral Resources
The Corps has consulted the latest pubhshed version of the Nahonal Register of Histonc
Places and is not aware that any registered properhes or properties hsted as being
ehgible for mclusion therem are loca�ted vvitthin the pro�ect azea or vv�ll be affected by the
proposed work Presently unknown archeological scientific prelustonc or lustoncal
data. may be located vv�th�r► the pro�ect area and/or could be ai�ected by the proposed
work
Endangered Species
The Corps has reviewed the pro�ect area, examined all uiformahon provided by the
apphcant and consulted the latest North Carolula Natural Hentage Database Based on
available informahon, the Corps has determined pursuant to the Endangered Species Act
of 1973 that the proposed pro�ect vv�ll have no effect on federally listed endangered or
threatened species or theu formally designated cnhcal habrtat
Evaluahon
The decision whether to issue a pernnt vv�ll be based on an evaluahon of the probable
impacts mcluduig cumulative unpacts of the proposed activrty on the public mterest
That decision will reflect the national concern for both protect�on and uhlizahon of
unportant resources The benefit wluch reasonably may be expected to accrue from the
proposal must be balanced against rts reasonably foreseeable detriments All factors
wluch may be relevant to the proposal will be considered mcludmg the cumulative effects
thereof among those are conservation, econorrucs aesthebcs general environmental
concerns wetlands lustonc properhes fish and vv�ldhfe values flood hazards, flood plam
values (m accordance with Execuhve Order 11988) land use navigahon, shorelme
erosion and accrehon, recreahon, water supply and conservat�on, water quality energy
3
needs safety, food and fiber produchon, mineral needs consideranons of property
ownerstup, and, m general the needs and welfare of the people For activiries involvuig
the discharge of dredged or fill matenals in waters of the Umted States, the evaluation of
the unpact of the achvrty on the pubhc mterest will mclude apphcation of the
Environmental Prote,ction Agency s 404(b)(1) gwdeluies
Commenhng Informat�on
The Corps of Engineers is sohcrtmg comments from the pubhc Federal State and local
agencies and officials mcluding any consohdated State Viewpomt or wntten posihon of
the Governor, Indian Tnbes and other mterested parties m order to consider and evaluate
the unpacts of tlus proposed achvrty Any comments received will be considered by the
Corps of Eugmeers to determine whether to issue modify condihon or deny a pernut for
ttus proposal To make ttus decision, comments are used to assess unp�acts on endangered
species histonc propernes, water quahty general envu�onmental effects and the other
pubLc uiterest factors hsted above Comments are used m the preparat�on of an
Env�ronmental Assessment (EA) and/or an Env�ronmental Impact Statement (EIS)
pursuant to the Nahonal Envu�onmental Pohcy Act (NEPA) Comments aze also used to
deternune the need for a public hearmg and to determme the overall pubhc mterest of the
proposed achvity
Any person may request, m wntmg, wrthin the comment penod specified in tlus not�ce
that a pubhc heanng be held to consider the apphcation Requests for public hearmgs
shall state vv�th pazhculanty the reasons for holdmg a pubhc hea�ng Requests for a
pubhc heanng sha11 be granted, unless the Distnct Engmeer determmes that the issues
raised aze uisubstanhal or there is otherwise no vahd mterest to be served by a heanng
Wntten comments pertment to the proposed work, as outlmed above will be received
by the Corps of Eng�neers Wilmuigton Distnct, until5pm December 31 2011
Comments should be submitted to Mr Wilham Wescott, Post Office Box 1000
Washuigton, North Caroluia, 27889
4
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EX P LA 1`LATI O M
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NCDENR - Mining Operations
NC Department of Ernironment and Natural Resources
Marine Fisheries - Mining Operations
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Mining Operations
HabiWts Affected: Water column, soft bottom, wetlands
Commo� Sources: As of October 2004, no mi�ing (other than for beach
nourishment) occurs in North Carolina estuarine and nearshore ocean waters.
However, the potential for mining projects exists in phosphate-rich areas in
nearshore ocean waters in Onslow Bay as well as the Pamlico River. In addition,
sand mining is common throughout eastern North Carotina, and occasionally mines
are dewatered into wetlands or coastal streams.
Impacts:
• Extraction of minerals could have bottom-disturbing effects similar to that
of dredging, such as
� increased turbidity
� mortality of benthic organisms
• Underwater mining activities could lead to the unintentional release of
"phosphate mining byproducts" into the water column, induding
radioactive substances, florides, and other chemicals.
• Water from sand mines entering wetlands and coastal streams can increase
turbidity.
BdCk CO Chdit Ih[[p://poi�al ncdenr.oig/web/mf/70)
.__ _........._... _. ....._ ...... .. . . ........
N.C. Division of MaNne Flsheries • 3447 Arendell Street • Morehead City, NC
28557 •(252)726-7021 or 1-800-682-2632
ra�NCaRO� v
; ��
9q � W
�f FisHE
N.C. Department of Environment and Natural
Resources
1601 Mail Service Center, Raleigh, NC 27699-1601
Totl Free: (877)623-6748
Fax: (919� 715-3060
_w, •7
Page 1 of 1
fUP
http://portal.ncdenr.org/web/mf/09-mining-operations 12/29/2011