20120632 Ver 1_Other Agency Comments_20120810

DEPARTMENT OF THE ARMY O to 3
WILMINGTON DISTRICT, CORPS OF ENGINEERS ' _1
151 PATTON AVENUE vv> �l - d
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
REPLY TO
ATTENTION OF,
August 7, 2012
Regulatory Division
Action ID. SAW- 2011 -01762
Unimin Corporation
Mr. Rolf Pippert
Post Office Box 588
Spruce Pine, North Carolina 28777
Dear Mr. Pippert:
Reference is made to your June 12, 2012, Department of the Army permit application in
which you requested a permit for impacts to 1,376 linear feet of stream channels for expansion of
the existing West School House Mine pit, Spruce Pine, Avery County, North Carolina. The
purpose of this letter is to provide you with comments received in response to the Public Notice
dated June 26, 2012 and request that additional information be submitted to continue the review
of your permit request.
By letter dated July 23, 2012, the North Carolina Wildlife Resource Commission ( NCWRC)
provided comments in response to the Public Notice which are attached for your review.
NCWRC noted that the North Toe River, at the confluence with Brushy Creek, supports wild
brown trout. Due to potential downstream siltation from the project, NCWRC requests the
stream work to be conducted outside the trout spawning moratorium (Oct 15 -Apr 15). NCWRC
has concerns about avoidance and minimization, effects of the expansion on stream flow below
the construction area, and elevated stream temperatures. NCWRC also feels the mitigation ratio
of 1:1 is not sufficient for the proposed impacts.
By letter dated June 26, 2012, U.S. Fish and Wildlife Service ( USFWS) provided comments
in response to the Public Notice which are attached for your review. The USFWS has concerns
with the proposed reduction or elimination of water flow from the impacted reach of stream and
recommended the applicant design the project so that changes in downstream flows are
minimized. They are also concerned about the use of invasive exotic species in the reclamation
and erosion control associated with the project. The USFWS also noted that no federally listed
species or their habitat occurs on the project site and that your obligation under Section 7 of the
Endangered Species Act has been fulfilled.
We received two letters from members of the public, those 1 date July 17, 2012, are
also attached for your review. The general concerns expressed ilt coming
from the mine and shocks from blasting.
AUG ►55
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We concur with the concerns outlined by NCWRC and USFWS. We request that additional
information be submitted that outlines the effects of the expansion on stream flow below the
construction area and elevated stream temperatures as a result of this project. The requested
information should be submitted within 30 days from the date you receive this letter. If we do not
receive a response, we will assume that you longer wish to pursue this project and withdraw your
permit request. If you have any questions, please contact me at (828)- 271 -7980, extension 226.
Sincerely,
9ha McCormick
Project Manager
Asheville Regulatory Field Office
Enclosures
Copy Furnished with enclosures:
Ms. Rebekah Newton
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
Copies Furnished without enclosures:
Mr. Ian McMillan
North Carolina Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Bryan Tompkins
U.S. Fish and Wildlife Service
160Zillicoa Street
Asheville, North Carolina 28801
Mr. David McHenry
Mountain Region Coordinator
20830 Great Smoky Mountain Expressway
Waynesville, North Carolina 28786