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Home My WebLink About20120632 Ver 1_Public Notice_201206262 ®120632 Dennison, Laurie From Wallace Nancy SAW [Nancy Wallace @usace army mil] Sent Tuesday June 26 2012 10 28 AM Subject Notification of a Public Notice from Wilmington District Regulatory Division US Army Corps Of Engineers (UNCLASSIFIED) Classification UNCLASSIFIED Caveats NONE 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 (pdf) format for viewing printing or download at http //www saw usace army mil /wetlands /notices /current notices html As with anything you download from the internet be sure to check for viruses prior to opening The current notice involves PUBLIC NOTICE ISSUE DATE June 26 2012 COMMENT DEADLINE July 26 2012 CORPS ACTION ID# SAW 2011 01762 PROJECT DESCRIPTION The Wilmington District U S Army Corps of Engineers has received an application from Ummm Corporation Rolf Pippert seeking Department of the Army authorization to impact 1 376 linear feet of unnamed tributaries to Brushy Creek associated with the expansion of the existing West School House Mine Spruce Pine Mitchell County North Carolina POC Tasha McCormick telephone (828) 271 7980 ext 226 Expiration Date 5 00 p in July 26 2012 Classification UNCLASSIFIED Caveats NONE 2®12(632 ®" PUBLIC NOTICE US Army Corps Of Engineers Wilmington District Issue Date June 26 2012 Comment Deadline July 26 2012 Corps Action ID # SAW 2011 01762 The Wilmington District Corps of Engineers (Corps) has received an application from Unimin Corporation Rolf Pippert seeking Department of the Army authorization to impact approximately 1 376 linear feet of stream for the expansion of the existing West School House Mine pit Spruce Pine Avery County North Carolina 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 www saw usace army mil /wetlands Applicant Unimin Corporation Mr Rolf Pippert 7638 Highway 226 South Spruce Pine North Carolina 28777 AGENT (if applicable) Authority ClearWater Environmental Consulting Ms Rebekah Newton 224 South Grove Street Suite F Hendersonville North Carolina 28792 The Corps will evaluate this application and decide whether to issue conditionally issue or deny the proposed work pursuant to applicable procedures Section 404 of the Clean Water Act (33 U S C 1344) Location The project area is located within the West School House Mine site northeast of downtown Spruce Pine north of Brushy Creek Road Avery County North Carolina (35 951697 N 81 989184 W) Existing Site Conditions The project site is approximately 128 acres that consists of an operational mine a reclaimed mine and forested areas The site is relatively steep with elevations ranging from 2 765 feet to 2 862 feet above mean sea level (MSL) The streams on site are bordered by riparian forest This habitat is varied and contains mesophytic and hydrophyt►c species There are approximately 2 094 linear feet of stream channel within the project boundary In general these tributaries flow north to south and eventually into Brushy Creek and the North Toe River The stream channel is between two existing mines (one active and one inactive) Streams within the project boundary include unnamed tributaries to Brushy Creek which is a tributary to the North Toe River The North Toe River flows into the Nolichucky River which is a tributary to the French Broad River The unnamed tributaries are classified by the NC Division of Water Quality (DWQ) as class C Tr waters The streams proposed for impact are 1 376 linear feet of perennial stream that has been impacted by sediment The channels are incised and do not support macro invertebrates Applicant's Stated Purpose Based on the information provided by the applicant the basic project purpose of the proposed project is to mine and process quartz More specifically the overall project purpose of the proposed project is to expand existing mining operations into areas with large volumes of ore so processing of quartz can continue Project Description The proposed project will allow for expansion of the existing mine pit and access to a large volume of ore at the existing West School House Mine facility The expansion will impact 1 376 linear feet of stream channel The applicant proposes to mitigate at a 1 1 ratio in the form of payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) for 1 376 linear feet of stream channel impacts By letter dated May 22 2012 NCEEP has indicated they are willing to accept payment and provide mitigation for the proposed impacts The impacts are located in the French Broad River Basin (HUC 06010108) and NCEEP has indicated they have credit available in the same basin 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 North Salisbury Street in Raleigh North Carolina 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 Cyndi Karoly by July 26 2012 OA In addition this project may be located in a watershed subject to Tennessee Valley Authority (TVA) permit requirements pursuant to Section 26a of the TVA Act This Public Notice and all application materials are being forwarded to Cherokee, Douglas, Nolichucky, and French Broad, 3726 E Morris Boulevard MOC IA MOT Morristown TN 37813 1270 and Boone, Bristol Protect, Fort Patrick Henry, South Holston, Watauga, and Wilbur, 106 Tri Cities Business Park Drive WTR IA GRT Gray Tennessee 37615 Questions or comments regarding Section 26a permit requirements should be directed to the above address or by called (800) 882 5263 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 not aware that any registered properties or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work Presently 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 is not aware of the presence of species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area A final determination on the effects of the proposed project will be made upon additional review of the project and completion of any necessary biological assessment and /or consultation with the U S Fish and Wildlife Service 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 3 quality energy needs safety food and fiber production mineral needs considerations of property 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 of an 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 July 26 2012 Comments should be submitted to Tasha McCormick Asheville Regulatory Field Office 151 Patton Avenue Room 208 Asheville North Carolina 28801 5006 4 n �4 Unimin - School House Mine ( +/- 128 Acres) J ' +JI E 4 m U Spruce Pine L��elAve f fi y J r x.1,20 a�Zg3 226 SR ,4 101b ; Legend Protect Boundary p Drawn by RLN 03 06 12 f r4 l l o 194 Ct r � SR � ti dN = Protect Site d� it s,� 1 Ira 0 r f� 5+4� V S a f J N� s S,q �` SR a cr Lin tt VSi / 7 t ,� 0 05 1 2 3 1111 � -- mmmmmmkmW Miles 14— x Avery County CLearWater Site Vicinity North Carolina Figure I 224 South Gro,e Street Suite F Henderson the Nortlt Carohna 28792 N 1� 5� y N Spruce Pine L��elAve f fi y J r x.1,20 a�Zg3 226 SR ,4 101b ; Legend Protect Boundary p Drawn by RLN 03 06 12 f r4 l l o 194 Ct r � SR � ti dN = Protect Site d� it s,� 1 Ira 0 r f� 5+4� V S a f J N� s S,q �` SR a cr Lin tt VSi / 7 t ,� 0 05 1 2 3 1111 � -- mmmmmmkmW Miles 14— x Avery County CLearWater Site Vicinity North Carolina Figure I 224 South Gro,e Street Suite F Henderson the Nortlt Carohna 28792 N 1� 5� Unimin - School House Mine ( +/- 128 Acres) ' H 4 Legend - Culvert Stream Project Boundary t 1 Pit Expansion i Stream Impact #2 �� f r 1204 LF 21 1 ;� _ 7 " Stream Impact #1 172 LF M S VITr i l C "y l k 1 e Project Data ` f Total Project Area 128 AC y Jurisdictional Waters of the US ` Streams 2 094 LF h Wetlands 0 AC Open Water 0 AC r Jurisdictional Impacts t Streams 1 376 LF Wetlands 0 AC Open Water n/a Avoidance/Minimization r t x Streams 718 LF r Wetlands 0 AC Open Water n/a z Mitigation } Streams 1 376 LF Slit Wetlands 0 AC 0 250 500 10'00 1 500 Open Water n/a Feet Drawn by RLN 0514 12 Avery County ClearWater Unirnin School House Mine North Carolina Pit Expansion Site Plan 224 South Grove Street Suite F Figure 4 Hendersonville North Carolina 29792