19980623 Ver 2_Other Agency Comments_20120109

REPLY TO
ATTENTION OF:
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
Action ID: SAW - 2011 -01934
Ms. Stephanie Graham
Martin Marietta Materials
Post Office Box 30013
Raleigh, North Carolina 27622
Dear Ms. Graham:
January 5, 2012
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]AN 9 2012
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
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Reference is made to the application of September 23, 2011, for individual Department of
the Army (DA) permit authorization to permanently impact approximately 80 linear feet of
perennial stream channel associated with installing a permanent stream crossing to access an
overburden storage area at the Martin Marietta Materials Hickory Quarry located at 1989 1 l''
Avenue, SE, in Hickory, Catawba County, North Carolina.
After review of your proposal, the United States Department of Interior, Fish and Wildlife
Services (USFWS) submitted comments by letter dated November 3, 2011. A copy of this letter
is enclosed for your consideration and response. Specifically, the USFWS stated the following:
1. Initially USFWS commented on the mining permit modification application to the
North Carolina Department of Environment and Natural Resources on December 12,
2008. In that letter they expressed concern over the proposed 25 -foot buffers on Clark
Creek and recommended a 50 -foot buffer be implemented. They also recommended
that the project area be surveyed for federally listed endangered and threatened species.
2. Coordination has been ongoing between Martin Marietta's Hickory Quarry, Jim
Matthews with Habitat Assessment and Restoration Program, Inc. and USFWS
regarding the presence of a population of the federally threatened dwarf - flowered
heartleaf (Hexastylis naniflora) that is to be relocated. Once the relocation is
completed, they do not believe the proposed project will affect any species federally
listed as endangered or threatened or any designated critical habitat.
Written comments were also received from the North Carolina Wildlife Resources
Commission (WRC) on November 17, 2011. A copy of this correspondence is enclosed for your
consideration and response. Specifically, the WRC offered recommendations should the permit
be issued:

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1. The culvert should be designed to allow for the passage of aquatic organisms.
2. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained.
Written comments stating no objection or no comment on the project were received from
the United Keetoowah Band of Cherokee Indians in Oklahoma, North Carolina Department of
Cultural Resources, and the National Marine Fisheries Service. While no response is necessary,
their correspondence is attached for your records.
Your response to the comments identified above must be given full consideration before we
can make a final decision on your application. We need your information to address the
concerns /issues raised over the proposed project. You may submit additional information, revise
your plans to help resolve the issues, rebut the issues made or request a decision based on the
existing record. We must hear from you by February 1, 2012, otherwise your application will be
withdrawn. If you have questions or comments, please contact me at my Asheville Regulatory
Field Office address, telephone (828)- 271 -7980 extension 234.
Sincerely,
Steve Kichefski
Regulatory Specialist
Asheville Regulatory Field Office
Enclosures
Copies Furnished (without enclosure):
Ms. Karen Higgins
North Carolina Division of Water Quality
Wetlands, Buffers, Stormwater, Compliance
and Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Brian Cole
Asheville Field Office
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801

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Ms. Jennifer Derby
Wetlands & Marine Regulatory Section
U.S. Environmental Protection Agency Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303 -8960
Ms. Shari Bryant
North Carolina Wildlife Resource Commission
Piedmont Region Coordinator
Habitat Conservation Program
1721 Mail Service Center
Raleigh, North Carolina 27699 -1721