HomeMy WebLinkAbout20070861 Ver 1_Public Notice_200706070
US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: June 6, 2007
Comment Deadline: July 9, 2007
Corps Action ID #: SAW -2007-01798
The Wilmington District, Corps of Engineers (Corps) has received an application from
Martin Marietta Materials, Incorporated seeking Department of the Army authorization to
impact 2.7 acres of wetlands and 130 linear feet of intermittent stream channel associated
with development of a new 503 -acre aggregate quarry, southeast of Wilson Mills, in
Johnston 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: Mr. Steve S. Whitt
f: !�[1I@
Martin Marietta Materials, Inc. JUN M07
Post Office Box 30013
Raleigh, NC 27622-0013 4Erv�.
'3VLA�No Niq .STaaRWATER BRANCH
AGENT: Mr. Todd Tugwell
Kimley-Horn and Associates, Inc.
Post Office Box 33068
Raleigh, NC 27636-3068
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures Section 404 of the
Clean Water Act.
Location
The project site is located on the east and west sides of Bear Farm Road (SR 1914),
approximately 0.5 miles north of U.S. Highway 70, adjacent to the Neuse River,
approximately 2 miles southeast of Wilson's Mills, Johnston County, North Carolina.
The site Coordinates are 35.5686° N, 78.3197° W.
Existing Site Conditions
The project site is currently comprised of agricultural fields separated by several mixed -
hardwood forested areas, which are generally located along streams and in the adjacent
low areas. The site contains several unnamed tributaries that flow directly into the Neuse
River, which borders the north, east, and south property boundaries.
Applicant's Stated Purpose
The applicant's project purpose is to develop a new mine for supplying aggregate to the
regional market. The applicant is developing this new quarry in order to keep up with the
growing regional demand for high-quality granite. Although the product may be shipped
by rail up and down the eastern seaboard, the primary market served by the quarry
includes the entire eastern portion of North Carolina.
Project Description
The project is a 503 -acre aggregate quarry site, which would include the construction of
all required infrastructure, including the processing facilities, transportation network,
screening berm, and the mine pit. The lifespan of the project as shown is expected to be
approximately 50 years. Construction of the project would result in the unavoidable loss
of 2.7 acres of wetland, and 130 linear feet of an intermittent unnamed tributary to the
Neuse River that did not exhibit important aquatic function. No Neuse River buffer
impacts would result from this project.
The applicant proposes to mitigate for impacts to 2.7 acres of wetlands associated with
the project at a 2:1 ratio by providing payment into the North Carolina Ecosystem
Enhancement Program (NCEEP) sufficient for the restoration of 5.4 acres of wetland
within the Neuse River Basin (HUC 03020201).
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
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information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. 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
2, 2007.
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 has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
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
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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 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 9, 2007. Comments
should be submitted to Mr. Thomas Brown, (919) 876-8441, Ext. 22.
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Project Boundary
Jurisdictional Stream
hannel
Jurisdictional Wetlands
600 1,200 2,400
Jurisdictional Open Waters
50' Neuse River Buffer
Feet
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Title Typical Cross -Section of the Screening Berm
hel— FOE Project hIMM — Selma Site
Johnston County, North Carolina
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Date Project Number Sheet 57-("
V7/07 011185026
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