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HomeMy WebLinkAbout20120579 Ver 1_More Info Received_20120822Martin Marietta August 22, 2012 Mr. John Thomas Jr. United States Corps of Engineers — Wilmington District Raleigh Regulatory Office 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Martin Marietta Thomasville Quarry PCN Notification Dear Mr. Thomas: Please find the attached PCN requesting a NW 3 permit for the replacement of the existing CMP culvert running under our entrance road. The replacement of this culvert will not increase the stream impacts or the footprint of the existing culvert. Should you have any questions or need any additional information, please do not hesitate to contact me at (704) 409 -1475 or via e -mail at jay.nivens @martinmarietta.com. Sincerely, w Jay Nivens Sr. Environmental Engineer Martin Marietta Materials, Inc. 8701 Red Oak Blvd. Suite 540 Charlotte, NC 28217 usaec nw 3 coverletter 8- 21- 12.docx 0� ware, ca Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: F1 Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Martin Marietta's - Thomasville Quarry - Entrance Road Culvert Replacement 2b. County: Davidson 2c. Nearest municipality / town: Thomasville, NC 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Martin Marietta Materials, Inc. 3b. Deed Book and Page No. DB 892, PG 309 3c. Responsible Party (for LLC if applicable): 3d. Street address: 8701 Red Oak Blvd. Suite 540 3e. City, state, zip: Charlotte, NC 28217 3f. Telephone no.: 704 - 409 -1475 3g. Fax no.: 704 - 527 -9283 3h. Email address: jay.nivens @martinmarietta.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Tax Parcel ID: 163440000015 1 b. Site coordinates (in decimal degrees): Latitude: 35.852670 Longitude: - 80.16047 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 350.00 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Habmy Creek Tributary proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin- PeeDee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Hardrock quarrying, mining and extraction operation, located adjacent to the City of Thomasville 3b. List the total estimated acreage of all existing wetlands on the property: 0.00 Acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,052 feet 3d. Explain the purpose of the proposed project: The purpose of this project is to replace the existing culvert. The replacement will not increase the footprint or stream imacts of the existing culvert. The existing culvert had deteroriated beyond repair. 3e. Describe the overall project in detail, including the type of equipment to be used: The current condition of the entrance road, constructed in the early 1970's, does not provide a safe passage for company and customer traffic. The invert of the existing CMP culvert has deteriorated. The proposed construction will not increase the footprint or stream impacts of the existing culvert. Permanent stabilization will be provided on all of the exposed areas immediately upon completion of the project. This project will coinside with the USAEC NW 39 Action ID# 201201003 and NCDENR DWQ# 12 -579 permits. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: A NC Stream ID has been completed by Martin Marietta staff. 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Martin Marietta Materials Name (if known): Jay Nivens Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USAEC NW 309 Action ID #201201003 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. USAEC NW 309 Action ID #201201003 Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert, Fill Hamby Creek ® PER ❑ Corps No No Trib. ❑ INT ❑ DWQ Increase Increase S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? B1 ❑P ❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Martin Marietta proposes to replace the existing 72" CMP without increasing the footprint of the existing culvert. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Once approval has been obtained from the Division of Land Resources, Land Quality Section and prior to the land clearing phase, the clearing limits for the roadway and impact areas of the stream will be determined and properly flagged. Proir to land clearing, erosion and sediment control devices will be installed to maintain water quality of the unnamed tributary. Once installation of the pipe is finalized and construction activities have been completed, the area shall be seeded and stabilized to prevent erosion and sedimentation. A 50' wide natural buffer will be maintained along the remaining length of the unnamed tributaries, that traverses the property, as required by the NC Mining Act. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ®No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <2% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: During construction, adequate sediment and erosion control measures will be provided in compliance with the NC Mining Act, which incorporates the requirements of the NC Sedimentation and Pollution Control Act. Once the pipe has been installed and the work is complete and stabilized, the sediment and erosion control measures will be removed. The quarry facility currently has a Stormwater Pollution Prevention Plan (SPPP) in place, as required by the NPDES General Stormwater Permit ( #NCG020000) that has been issued by the Division of Water Quality for this facility. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? While this PCN Notification is being reviewed, a revision to the Mining Permit will be requested prior to the construction of the proposed stream crossings. During the Mine Permit modification process, the NC Division of Land Resources, Land Quality Section routes the application through various agencies, including the North Carolina Wildlife Resources Commission for review, prior to issuance the modified Mine Permit. With this project being minor in scope with respect to impacts related to stream and wetlands, no issues with the North Carolina Wildlife Resources Commission are anticiapated nor have any issues been raised by the North Carolina Wildlife Resources Commission on previous mining permit modifications that have been issued for this location. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? A review of the mapping site for essential fish habitiat was conducted. The link to the website is: http://ocean.floridamarine.org/efh—coral/ims/viewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? No historical resource was shown on a search of the NC Historic Sites website ( http : / /www.nchistoricsites.org /), and the NC Office of Archives and History website ( http: / /www.history.ncdcr.gov /). In addition, the list of properties and districts in North Carolina entered in the National Register of Historic Places was reviewed. This list can be found at the following website link: http: / /www.hpo.ncdcr.gov /nrlist.htm. Furthermore, each time a Mine Permit modification is submitted through the NC Division of Land Resources, Land Quality Section, the application is routed through the NC Division of Archives & History. A Mine Permit modification will be submitted for this project and based on our research, we do not anticipate any historical or archeological issues or studies to be required prior to the approval of the Mining Permit modification for this project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Based on the Flood Insurance Rate Map (FIRM) downloaded from the www.ncfloodmaps.com website. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version R. Paxton Badham VP, Land and Environmental tL ¢ Date Applicant/Agent's Signature 1 Applicant /Agent's Printed Name (Agent's signature is valid only if an authorization letter fro the applicant is provided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version