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HomeMy WebLinkAbout20050688 Ver 2_Public Notice Comments_20070610Haw River Assembly P.O. Box 187 Bynum, NC 27228 (919) 542-5790 info~aliawriver.org www.lzawriver.or~ Working to Protect t{ie H~rw River Since 1982 May 6, 2007 NC Division of Water Quality 1650 Mail Service Center Raleigh NC 27699-1650 Attention: Ms. Cyndi Kazoly "i 9. a', . .. ; ;.,.; Deaz Ms. Karoly: The Haw River Assembly has asked the US Army Corps of Engineers (US ACE) that a public hearing be held on the MODIFIED application from Martin Marietta Materials, Inc., SAW-2005-21057-210 for expansion of their East Alamance Quarry in Alamance County NC to allow authorization of impacts to .44 acres of jurisdictional wetlands, 1814 lineaz feet of stream channels exhibiting important aquatic functions and 1,2301ineaz feet of stream channels lacking important aquatic functions. We have sent our request for a public hearing on this application to Monte Matthews at the Raleigh Regulatory Field Office. The proposed project will impact streams and wetlands that flow to Boyd's Creek, a tributary of the Haw River. We believe that the direct impacts to wetlands and streams from the expanded pit area and construction of the berm need greater scrutiny by the public before the NC Division of Water Quality issues a 401 Water Quality Certification for this project. In the event that US ACE does not grant a public hearing on this project, we request that DWQ hold a public hearing so that citizens may have the opportunity to evaluate and comment on impacts of this project to water quality. US ACE has determined that a plan to minimize secondary impacts of the projects downstream will not adequately protect the downstream aquatic resources. Our current concerns can be summarized herein: • The downstream waters of the Haw River at Jordan Lake aze listed on the 303(d) Impaired Waters list. How will this project affect the current efforts to restore water quality? • The mitigation for unavoidable impacts to jurisdictional features is for the applicant to make payment to the NC EEP. Where will those funds be used? Will they be used in a HU subwatershed that will offset this damage within the Haw River watershed? • What impacts will there be on essential fish habitats? • Did the US ACE review of the project area for federally listed endangered and threatened species or their formally designated critical habitat go beyond a "paper review"? Have US ACE biologists, U.S. Fish and Wildlife or other federal or state scientists actually been in the field on site at this project? Of particular concern to us are any mollusk and crustacean species that have become extirpated in the Haw River, but are still thriving in many tributaries. Due to these concerns, the Haw River Assembly, representing citizens who live in the Haw River watershed in Alamance and adjoining counties, respectfully requests the NC DWQ to not waive the request for certification and to facilitate that a public hearing will be held to consider the application. Please contact me if you have questions concerning this letter. Sincerely, Elaine Chiosso Executive Director (919) 542-5790 [Fwd: FV1~: SAW-2005-21057-210 (UNCLASSIFIED)] Subject: [Fwd: FW:SAW-2005-21057-210 (CJNCLASSIFIED)~ From: tan McMillan <ian mcmillan a ncmail.net> Date: Fri, 1 I May 2007 10:51:52 -0400 To: cyndi Karoly <cyndi.karoly@ncmail.neV fyi Subject: FW:SRW-2005-21057-210 (UNCLASSIFIED) From: "Matthews, Monte K SAW" <Monte.K.Matthews n saw02.usace.army.mil> Date: Fri, 1 1 May 2007 10:19:12 -0400 To: <ian.mcmillan~ncmail.net> Classification: UNCLASSIFIED Caveats: NONE FYI -- - -Original Message----- From < mi k- ~ i isl;r~n7 c,>m Im .--,.to:dr r i..e;~+:m_.r .z,,s :r.~.,.,. r:oml Sent: Wednesday, May 09, 2007 2:53 PM- To: Matthews, Monte K SAW Subject: SAW-2005-21057-210 Hey MMOnte, ~ i r ~n ~ :a h L: r 2in~ ~ 1 Monte Matthews Phone (919) 876 Baal x 30 ht 1 „_"_ .,~,..! .ii n; t 1/ r.-: d i.~l:er ;a~.:iett~. ' leigh Field Office You were really super, last night at the Pleasant Grove fire station (what's up with holding [he meeting 4 miles away from the [own of Green Level.. could it be that Jerry Fonville (guy who sold the land for the pit) is a good of buddy to the fire-guys, there in Pleasant7) This letter, to you, is a formal notice that you are required to extend the deadline for... and hold a public hearing on the MODIFIED application from Martin Marietta Materials, Inc., SAW-2005-21057-210 for expansion of their East Alamance Quarry in Alamance County NC to allow authorization of impacts to .44 acres of jurisdictional wetlands, 1814 linear feet of stream channels exhibiting important aquatic functions and 1,230 linear fee[ of stream channels lacking important aquatic functions. I Your ability to bite-your-tongue in public was much admired, last night, and please don't take my antics at crowd-education and organization as personal attacks... I appreciate the hard work you and others do for our country... it's just that you are part of a politico-industry-money-based troika which is bleeding our country dry of democratic values and public [rust. Sorry, can t fault me for not being all-American in my ethos. So, Wonderful to meet you and looking forward to the public hearing where we can get all your answers down "on the record^, or for that matter, just all our questions! Ciao baby! Mike Holland PS you will find, attache as a jpg file, the 29 signatures of those requesting the deadline be extended and a public hearing be held on the water quality issue. ClassifiC anon: UNCLASSIFIED Caveats: NONE e ~ y~ Gin oQaf s i ~j~~`; re sP~ ~d l= ~~'t~~ h 2ertti ~ e ~ /K / 12 ~Ae~vl. < II d . l/ _ c 1. n 1 of 3 5/14/2007 3:08 PM [Fwd: FW: SAW-2005-21057-210 (iJNCLASSIFIED)] v v..i,.~ iSSUG ~'Md' Y'he Wa7x.- LLriaA _ST C~~ r a' ~ _~le~'~c /Ulh-~ , ~c~ ~~ ~~f~~~ -~~ r"w,~ /~ JK/1'!/YL b ~~-~C~" C C 'v~~/~S ~ ~i~yl0 ~'/ l u u~ O ~ ~ ,~J d.1T'717 ~a , ~ / 2 of 3 5/14/2007 3:08 PM [Fwd: FW: SAW-2005-21057-210 (UNCLASSIFIED)] r i ~ ~, '~~~ ~ G, n ~ ~'~ r ~ ~c ~ ~C .~- ! ~!~ ~ ~ l ~7 /•~ !~ r ~.a. ~^ . ~ s'~.~2 i FW: SAW-2005-21057-210 (UNCLASSIFIED) Content-Type: message/rfc822 Content-Encoding: 76it Content-Description: ATT330386.txt ATT330386.txt Content-Type: texUplain Content-Encoding: base64 Content-Description: request for extension and hearing signatures 7 may 2007.jpg request for extension and hearing signatures 7 may 2007.jpg Content-Type: image/jpeg Content-Encoding: base64 3 of 3 5/14/2007 3:08 PM Request Public Hearing Subject: Request Public }Tearing From: Ann Brooks <anniebea@peoplepc.com> Date: Thu, 17 May 2007 04:4S:S7 -0400 7'0: cyndi.karoly@ncmail.net I am working with my town of Green Level re:Martin Marietta expansion impact. we would like to request a public hearing on the 401 certification of the permit for the Martin Marietta Quarry expansion impact on streams and wetlands Regards, Brooks P.O. 336 N.C. 27258 Quarry Subject: Quarry From: Ann Brooks <anniebea@peoplepc.com> Date: Thu, 17 May 2007 04:54:54 -0400 To: cyndi.karoly@ncmail.net Ann Haw River In previous email I omitted my phone number.Apologies.Is as follows (336)578-9927 1 of 1 5/17/2007 3:26 PM Martin Marietta quarry expansion 401 permit Subject: Martin Marietta quarry expansion 401 permit From: "" <parkway2@mindspring.com> Date: Thu, 17 May 2007 05:43:14 -0400 To: cyndi.karoly@ncmail.net Ms. Karoly: I would like to request that the DWQ hold a public hearing on the 401 certification permit for the Martin Marietta quarry expansion in Green Level, NC. This meeting would give affected citizens near the project location and in the Haw River watershed an opportunity to receive needed information on the project's water quality impacts from DWQ officials. My family lives in Saxapahaw, NC (about 1/2 mile from the Haw River) and our source of drinking water is a well located on our property. Thank you very much for your time. David G. Hill 2900 Shagbark Lane Graham, NC 27253 1 of 1 5/17/2007 3:26 PM public hearing Subject: public hearing From: "Cecelia Vassar" <cvhammond@gmail.com> Date: Tue, 22 May 2007 21:47:41 -0400 To: cyndi.karoly@ncmail.net Ms. Karoly, I am emailing you to request that the NC Division of Water Quality hold a public hearing on the 401 certification of the permit for the proposed expansion of the Martin Marietta Materials quarry located in Alamance County. As a member of the Haw River Assembly, I am concerned about long range environmental impact to streams and wetlands in the area. Respectfully Submitted, Cecelia A. Vassar Burlington, NC 1 of 1 5/29/2007 10:56 AM P. O. Box 31 Ms Cyndi Karoly North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Ms Karoly: Haw River, NC 27258 May 23, 2007 I am writing as a concerned citizen of the Town of Green Level regarding the application for expansion of quarry operations by the Martin Marietta Materials, Inc. Not only are I concerned about the pollution of the 0.44 acres of wetlands and the 1814 and 1230 linear feet of stream channels, but I am also worried about the pollution of Boyd's Creek, the Haw River, and the drinking water from this system. I am requesting an open hearing on this project, and I am requesting that this application be denied. Furthermore, I believe that Martin Marietta Material, Inc. is presently polluting this region, and their blasting operations should be discontinued entirely. Citizens of Green Level have reported structural damage to their homes, water pipe breakage, and sewer pipe breakage. Also, the air is being polluted, and rocks are flying out of the quarry and landing on people's lawns. Surely, the dust and pieces of granite are polluting the water and endangering plants and animals in addition to endangering the community members. Denying this application is the morally responsible thing for your office to do. I am thanking you in advance for protecting the water, wet, lands, and very lives of the citizens of Green Level. Please call me at (336) 567-0603 if I can clarify my position or provide further information. P ~ ~~ ~„~ ~ p~ fa ~1n7~ tii r,Y rr ~ ~ u ~.; -~ „ `,: - , ~~c~~ Sincerely yours, r Nancy Forrest DEC-12-2004 10:10A FROM: T0: 19197336893 P.1 DENR, DWQ 5-28-7 Winston Salem Regional Office of the .Department of Environment and Natural Resources. 585 Waughtown Street • Winston-Salem, NC 27107-2241 336-771-5000 • FAX 336-771-4631 TO: Steve Tedder Surface Water Protection Steve.Tedder@ncmail.net Matt Gantt Land Quality Section Matt.Gantt@ncmail.net Margaret Love Division of Air Quality Margaret. MargaretLove(n~ncmail.net Sherri Knight Aquifer Protection 5herri.Knight@ncmail.net Lee Spencer Public Water Supply Lee.Spencer@ncmail.net TO: Dept water quality director's office: Director Coleen Sullins x 200 coleen.sullins@ncmail.net Executive Assistant Linda Jones x 203 linda jones@ncmail.net Receptionist Meagan Benton x 0 or 240 meagan.benton@nemail.net All personnel can be contacted at (919) 733-7015, fax 919-733-2496 TO: Cyndi Karoly, Environmental Supervisor II 401 Unit Supervisor NC Division of Water Quality 1650 Mail Service Center Raleigh NC 27699-1650 cyndi. karoly@ncmai l.n et {919)733-9721 733-6893 fax Subject: Ongoing Clean Water Act violations on Boyd's Creek, in light of the US army corps of engineers (ACE} refusal to provide a public hearing on the MODIFIED application from Martin Marietta Materials, inc., SAW-2005-21057-210 for expansion of their East Alamance Quarry in Alamance County NC to allow authorization of impacts to .44 acres of jurisdictional wetlands, 1814 linear feet of stream channels exhibiting important aquatic functions and 1,230 linear feet of stream channels lacking important aquatic functions. I respectfully ask that you 1. Send DWQ enforcement officers to the Quarry in question to document the ongoing NPDES permit violatians, Federal Clean Water Act violations, Phase II Storm Water illicit discharge violations, regional Jordan Lake Stormwater violations, un-permitted wetlands filling operations, Alamance County riparian buffer ordinance violations and Green Level stormwater ordinance violations. (see documentation, below} 2. Based on your findings, call for a halt in mine operations till these violations are fixed 3. Based on your findings, intervene with the ACE to extend their deadline of June 10, 2007 for the above permit 4. Hold aDWQ-led public hearing, IF the core will not extend its deadline and hold hearing OR withhold your 401 permit until a public hearing has been held I am of the professional opinion that the quarry is out of compliance with the cited laws, regulations and permits and further presents a threat to the tributaries of the Haw River and to the Haw itself. Thank you for your assistance, Mike Holland, PhD CFRES, Interim Director PO Box 36, SXPHW, NC 27340 336-376-9322 JUN-7-2007 THU 13:11 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 DEC-12-2004 10:10A FROM: TO: 19197336893 P.2 Field report: 5-28-7 Mike Holland, PhD Last week, I examined Boyd's creek, at the bequest of a Green Level Planning Board member, who was interested to know whether the city could expand its development potential using Boyd's creek to receive the effluent from. a potential future sewer treatment plant. I was surprised to come across two major sources of pollution from the Martin mine, one from a 20 year-old leaking conveyor belt over the creek, and the other through a pipe discharging the overflow from the granite-slag sediment ,pits directly into Boyd's Creek. Parking at the Green Level sewer pumping station on West Simpson Road, I walked down to Boyd's creek, on GL property and into the creek. Immediately [noticed that the sediment beds in the creek were excessive for the small area of this watershed. In addition, I noticed the color and grain size of the sediment were not consistent with results of (either} natural upstream weathering, upstream home construction or farming, leaving a question as to the source of this unusual sediment. Sampling this location I walked up the middle of the creek ?00 feet to a dam (ca. 1880) which was partially collapsed. Around the dam, the water was fairly cleaz, but l00 yards upstream it began to turn milky grey and the Secchi disk depth dropped to approximately S inches. Surprisingly, 200 yards further upstream, after sampling this section with the colloidal suspension of fine talcum-like powder, the creek began to cleaz, just as I came upon a conveyor belt which crossed the creek about 35 feet in the air. This was obviously Martin Marietta mine property so I stopped moving up the creek, however, below the conveyor were two huge piles of leaked granite-slag farming both banks of the creek, up to 20 feet tall. These Granite-stag piles run down into Boyd's creek on both sides. Granite-slag leaks from eacl pylon supporting the aerial conveyor, farming termite hill-tike mounds marching away from the creek in both directions for 200 yards, both toward the rock crusher and to the rock distribution terminal and storage yazds. Returning downstream, without having moved any further past these obvious Martin mine structures, I and my guest, a photographer from the Alamance News, came apon a surprise finding which cleared up (no pun} the issue with the milky-water section of the creek: There was a 2-foot diameter pipe protruding from the berm which holds back the sediment-pits in the main rock-pile yard. The creek bank, below this pipe, was thick with compacted, grey fines which had been accumulating for many years. Transient washes of the mck yards wash thru this pipe and directly into the creek, unfiltered in any way. Wash conditions certainly include Martin mine water-truck operations, n the storage yards, used to keep down dust, but are predominantly caused by rain and #looding of their existing "permitted", yet failing sediment pits. In addition, alt the vegetation around the conveyor belt and downstream for hundreds of yards was covered in grit and dust, a result of air deposition, forming an additional impact on the creek. Taking samples of the in-stream sediment beds, colloidal water pollutants, leaking conveyor slag and illicit pipe discharges led to a profile of planned and unplanned abuse of the Clean Water Act in relation to Boyd's Creek by this Martin mine and is the impetus for this request that DWQ halt their 401 permit process and intercede with the ACE to require a public hearing before further permitting this out of compliance operation to expand. Please see photos below. Aliquot samples from this collection series will be mailed by post to DWQ Winston Regional office, ACE and the 401 unit supervisor, Ms. Cyndi Karoly, for your records. I look forward to the results of your awn analysis. JUN-7-2007 THU 13:11 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 . DEC-12-2004 10:11R FROM: TO: 19197336893 P.3 Destabilizing a colloidal suspension Unstable colloidal suspensions form flocs as the particles aggregate due to interparticle attractions. This can be accomplished by a number of different methods, including the addition of a charged polymer flocculent. Polymer flocculants can bridge individual colloidal particles by attractive electrostatic interactions. For example, negatively charged colloidal silica particles can be flocculated by the addition of a positively charged polymer. In the case of collecting these samples, the silica particles may have been flocculated by the polymer collection containers. No remaining translucent properties remained in the densest samples after 3 days of storage, at room temperature. These statements in no way suggest that Dr. Holland is a limnologist or water expert. Dr. Holland has a degree in Environmental Health Science and as such has a general knowledge of the science and regulations in this area of study. As a professional consultant he has provided environmental reports for local cities and private companies, as well as supporting local citizen's efforts to protect their quality of life. In generating this report, he does so Pro Bono, at no cost to any party involved. In the interest of avoiding conflict of interest, Dr. Holland buys and applies gravel to his driveway and feels that mines are useful. if run responsibly to both human and non-human neighbors. JUN-7-2007 THU 13:12 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 . DE~~-12-2004 10:11A FROM: JUN-7-2007 THU 13:12 TEL:9197336893 70:19197336893 P.4 Leakage into Bovd's Creek: ri~h.t side slag Wile Leakage .into Bovd's Creek: left side slay Wile NAME:DWQ-WETLANDS P. 4 DWQ Boyd's Creek, Green Level, Alamance County field report on C... Subject: DWQ Boyd's Creek, Green Level, Alamance County field report on Clean Water Act violations by Martin Marietta From: dr_mike@mindspring.com Date: Thu, 07 Jun 2007 1 I :33:04 -0400 To: Steve.Tedder@ncmaiLnet, MatLGantt@ncmaiLnet, Love@ncmaiLnet, Sherri.Knight@ncmaiLnet, Lee.Spencer@ncmaiLnet, alan.klimek@ncmaiLnet, coleensullins@ncmaiLnet, linda.jones@ncmaiLnet, meagan.benton@ncmaiLnet, cyndi.karoly@ncmaiLnet, wafranklin@earthlink.net CC: james_moffat@link.freedom.com,jay_ashley@link.freedom.com, ashcan_rantings@yahoo.com, nmcneill@mail.wghp.com, emcconville2@elon.edu, AliceB@ncleg.net, Robert_Boyer@link. freedom.com Please see the attached letter. TO: Steve Tedder Surface Water Protection ~: 1..' Matt Gantt Land Quality Section _ - „ant_-.•__ ,, ~'_]..net <_[ Margaret Love Division of Air Quality Margaret. LCD; ce-)nr~.: l.i Sherri Knight Aquifer Protection k~Frri <~ ~rt_.?^ ~.:... .:;et __-- Lee Spencer Public Water Supply .nail rc, L~~.op _n c i~.r:l n~_>Le oencer ma_1 .::et TO: Dept water quality director's office: Director Alan Klimek x 203 a7.aa.klimek~, ,~ma;.L .net Deputy Director Coleen Sullins x 204 colcen.e.: L': ino-.;ciro~.Cl.net Executive Assistant Linda Jones x 203 l:nda.7 n .;, :~.:~r. :_.. Receptionist Meagan Benton x 0 or 240 r~a'ro•n i3an :,~=_n..om^.ncmaii.nec ~.n.c a-:~n bento 'ncm~.i'.:%"_ -. All personnel can be contacted at (919) 733-7015 TO: Cyndi Karoly, Environmental Supervisor II 401 Unit Supervisor c;~ndi. .ka ro': ycy~ncma~.l .net NC Division of Water Quality (919) 733-9721 1650 Mail Service Center Raleigh NC 27699-1650 Subject: Ongoing Clean water Act violations on Boyd's Creek, in light of the US army corps of engineers (ACE) refusal to provide a public hearing on the MODIFIED application from Martin Marietta Materials, Inc., SAW-2005-21057-210 for expansion of their East Alamance Quarry in Alamance County NC to allow authorization of impacts to .49 acres of jurisdictional wetlands, 1814 linear feet of stream channels exhibiting important aquatic functions and 1,230 linear feet of stream channels lacking important aquatic functions. I respectfully ask that you * Send DWQ enforcement officers to the Quarry in question to document the ongoing NPDES permit violations, Federal Clean Water Act violations, Phase II Storm Water illicit discharge violations, regional Jordan Lake Stormwater violations, un-permitted wetlands filling operations, Alamance County riparian buffer ordinance violations and Green Level stormwater ordinance violations. (see documentation, below) * Based on your findings, call for a halt in mine operations till these violations are fixed * Based on your findings, intervene with the ACE to extend their deadline of June 10, 2007 for the above permit * Hold a DWQ-led public hearing, IF the corp will not extend its deadline and hold hearing OR withhold your 401 permit until a public hearing has been held I am of the professional opinion that the quarry is out of compliance with the cited laws, regulations and permits and further presents a threat to the tributaries of the Haw River and to [he Haw itself. Thank you for your assistance, Mike Holland, PhD CERES, Interim Director PO BOx 36, $XPHW, NC 27340 336-376-9322 Content-Type: application/octet-stream ',DWQ Boyd's Creek, Green Level, Alamance County field report on Clean Water Act violations by Martin Mariettal.doc'' Content-Encoding: base64 1 of 1 6/12/2007 10:28 AM Request for Public Hearing on Martin Marietta 401 application Subject: Request for Public Hearing on Martin Marietta 401 application From: HRA <info@hawriver.org> Date: Fri, 08 Jun 2007 17:15:20 -0500 To: Cyndi Karoly <cyndi.karoly@ncmail.net> CC: "Rep. Alice Bordsen" <AliceB@ncleg.net>, "Rep. Cary Allred" <Carya@ncleg.net>, "Sen. Tony Foriest" <Tonyf@ncleg.net> Dear Ms. Karoly: I have attached a letter asking that a public hearing be held by the NC Division of Water Quality on the 401 certification for the Martin Marietta application to expand its East Alamance Quarry mining operation. The letter includes the results of a survey we conducted in late May on conditions in Boyd's Creek upstream and downstream of the existing quarry operation. Thank you for your consideration of this request. Elaine Chiosso Executive Director Haw River Assembly (919) 542-5790 MM quarry - DWQ, 6-8-07.doc',' Content-Type: *.msword Content-Encoding: base64 1 of 1 6/12/2007 10:31 AM maw River Assembly P, D. Box 187 Bynum, NC 27228 (919) 542-57911 info~ci)hawriver.or~ www.hawriver.or.~ TVorkin~~ to Protect the Hr~~t~ River Since 1982 June 7, 2007 NC Division of Water Quality 1650 Mail Service Center Raleigh NC 27699-1650 Attention: Ms. Cyndi Karoly Dear Ms. Karoly: The US Army Corps of Engineers (US ACE) has denied the request made by the Haw River Assembly and other citizens to hold a public hearing on the MODIFIED application from Martin Marietta Materials, Inc., SAW-2005-21057-210 for expansion of their East Alamance Quarry in Alamance County NC to allow authorization of impacts to .44 acres of jurisdictional wetlands, 18141inear feet of stream channels exhibiting important aquatic functions and 1,230 linear feet of stream channels lacking important aquatic functions. As you know they extended the public comment period to June 10, 2007. The proposed project will impact streams and wetlands that flow to Boyd's Creek, a tributary of the Haw River. As we stated to you in our letter May 6, 2007, we believe that the direct impacts to wetlands and streams from the expanded pit area and construction of the berm need greater scrutiny by the public before the NC Division of Water Quality issues a 401 Water Quality Certification for this project. We request that DWQ hold a public hearing so that citizens may have the opportunity to evaluate and comment on impacts of this project to water quality. US ACE has determined that a plan to minimize secondary impacts of the projects downstream will not adequately protect the downstream aquatic resources. Since our letter of May 6 we have been able to do macroinvertebrate sampling at locations on Boyd's Creek above and below the existing East Alamance Quarry. We followed the standard Haw River Watch monitoring protocol developed for our citizen water quality monitoring teams. This is a visual survey using nets and the naked eye - no samples were taken for microscopic study. We surveyed a section of creek upstream of the quarry site, at Sandy Cross Road, and another creek section downstream of the quarry, at the end of James Boswell Road The results of this survey follow: 1. Boyd's Creek downstream of Martin Marietta East Alamance Quarry Location: end of James Boswell Road. A 100' reach was sampled Time and Date: 5/26/07 1:50 p.m. Creek Conditions Flow rate: low Average stream width: 25 feet Average stream depth: 1 foot. Water temperature: 71 degrees F Air temperature: 90 degrees F pH: 7.2 Stream banks: Good riparian forested buffer, but some scour and incision of banks Stream bed: Exposed bedrock and large boulders. Much of the cobble and gravel streambed covered in excessive sand and silt deposits. Deposits of dark grey silt seen on rocks, below leaves, deposits at high flow level on every surface. Very little algae. Benthic Macroinvertebrate Count (number of each type of aquatic macroinvertebrate seen.) caddisfly: 6 hellgrammite: 1 mayfly: 10 Asian clams: 2 crayfish: 1 dragonfly: 1 (Note the low number of organisms seen of any species -not surprising given the degradation of the stream bottom habitat by sedimentation.) 2. Boyd's Creek upstream of the Martin Marietta East Alamance Quarry, Location: Sandy Cross Road, approximately 300; upstream of culvert crossing. A 100' reach was sampled Time and Date: 5/26/07 2:55 p.m. Creek Conditions Flow rate: low Average stream width: 15 feet Average stream depth1/2 foot. Water temperature: 69 degrees F Air temperature: 89 degrees F pH: 6.8 Stream banks: Riparian buffer mixed forest and grassy areas, severe streambank erosion - up to 6' incised erosion. streambed included sandbars (tannish color) and boulders. Good cobble and gravel riffle composition. Very little algae. Benthic Macroinvertebrate Count (number of each type of aquatic macroinvertebrate seen.) caddisfly: 17 mayfly: > 100, more than one species water pennies: 13 crane fly; 1 fishfly: 2 Asian clam: 3 (This section of creek was also somewhat degraded due to unknown causes upstream, but with a healthy enough stream bottom to support a larger benthic macroinvertebrate population. We also saw several salamanders and frogs at this location). This quick survey we performed of the aquatic ecosystem health in Boyd's Creek above and below the Martin Marietta quarry shows the direct impact the mining operation is having on the creek. The off-site accumulation of dark grey sand and silt, presumably from the mining operation, has filled in much of the gravel/cobble stream bottom matrix, resulting in poor benthic macroinvertebrate habitat conditions. An expansion of the existing mine will cause even more degradation. We believe the NC Division of Water Quality would benefit from allowing the public to bring up their concerns about the impact on Boyd's Creek of this proposed expansion of quarry. The Haw River Assembly, representing citizens who live in the Haw River watershed in Alamance and adjoining counties, respectfully requests the NC DWQ to hold a public hearing on the state certification required by Section 401 of the Clean Water Act for this application by Martin Marietta. Sincerely, Elaine Chiosso Executive Director (919) 542-5790 Resolution from Town of Green Level Requesting Public Hearing and... Subject: Resolution from Town of Green Level Requesting Public Hearing and Extension of Deadline of Application of Martin Marietta Materials, Inc. for Expansion of East Alamance Quarry From: "Quentin T. McPhatter" <gmcphatter@greenlevelnc.com> Date: Fri, 8 Jun 2007 17:19:08 -0400 To: <Monte.K.Matthews@saw02usace.army.mil> CC: <dr mike@mindspring.com>, "Nick Herman" <herman@broughlawfirm.com>, <Steve.Tedder@ncmail.net>, <Matt.Gantt@ncmail.net>, <MargaretLove@ncmail.net>, <Sherri.Knight@ncmail.net>, "Lee Spencer" <lee.spencer@ncmail.net>, <coleen.sullins@ncmail.net>, <linda.jones@ncmail.net>, <meagan.benton@ncmail.net>, <cyndi.karoly@ncmail.net>, "Algene Tarpley" <atarpley@triad.rr.com> Dear Monte Matthews and other interested parties: Please find attached a copy of the resolution of the Town of Green Level adopted last night requesting a public hearing and an extension of the deadline for action on the application of Martin Marietta Materials, Inc. (SAW-2005-21057-201) for the expansion of the East Alamance Quarry in Alamance County, North Carolina. I am e-mailing this so you will have it in your files prior to the Army Corps Deadline of June 10, 2007 for the receipt of written comments. Sincerely, Quentin T. McPhatter Town Administrator Green Level, North Carolina (336) 578-3443 (Phone) (336) 578-5373 (Fax) (336) 516-6076 (Cell) gmcphatter[c~greenlevelnc.com (E-Mail) Content-Type: application/pdf SCAN0980_000.pdf' ': Content-Encoding: base64 1 of 1 6/12/2007 10:32 AM RESOLUTION OF THE TOWN OF GREEN LEVEL TO HOLD A PUBLIC HEARING AND EXTEND THE DEADLINE FOR ACTION ON THE APPLICATION OF MARTIN MARIETTA MATERIALS, INC. (SAW-2005-21057-201} FOR THE EXPANSION OF THEIR EAST ALAMANCE QUARRY IN ALAMANCE COUNTY, NORTH CAROLINA The Town Council of the Town of Green Level adopts the following Resolution: WHEREAS, the Town of Green Level is an incorporated municipality in Alamance County, North Carolina; WHEREAS, the corporate limits of the Town are contiguous to the quarry operation owned and conducted by Martin Marietta; WHEREAS, Martin Marietta has made application to the U.S. Army Corps of Engineers per Corps Action ID #SAW--2005-21057-201 to impact certain riparian wetlands associated with the Company's expansion of their East Alamance Quarry in Alamance County, North Carolina; and the deadline for public comment on this application expires on June 10, 2007; WHEREAS, a public meeting was held on the aforesaid application by the Corps on May 7, 2007, at which numerous representatives and citizens of the Town voiced their concerns about Martin Marietta's application in terms ofwater-quality matters and the effects of blasting upon properties owned by citizens of the Town; and a petition was submitted to request a formal public hearing on the application; WHEREAS, numerous questions and concerns presented at the aforesaid public meeting were left unaddressed and unanswered; WHEREAS, the Town Council of Green Level has been advised of potential and on-going Clean Water Act and other violations impacting Boyd's Creek, which abuts the Town's corporate limits; WHEREAS, the foregoing potential and on-going violations may include, but are not limited to: (sl) Point_source pollution emanating from a leaking conveyor belt crossing the creek operated by Martin Marietta, causing sediment to choke Boyd's Creek; (2) The aerial depositing of tons of illicit discharges to the riparian buffer, (3) Possible point-source illicit discharges from a pipe draining Marlin Marietta's storage-yard sediment ponds; (4) Point-source sewer pipe leakage into Boyd's Creels caused by blasting; and (5) The significant reduction of benthic level macro invertebrate counts on Boyd's Creek below the mine as compared to the above mind. WHEREAS, at the present time, the Corps has declined to hold any further public meetings or a public hearing on Martin Marietta's application, notwithstanding the unaddressed and unanswered concerns and potential violations referred to above; WHEREAS, in light of the foregoing unaddressed and unanswered concerns and potential violations, a public hearing on and further investigation of Martin Marietta's application is warranted; NOW, THEREFORE, the Town Council of the Town of Green Level resolves: (1) That the Corps hold a public hearing on Martin Marietta's application; and suspend the June 10, deadline far public comment on that application until after a public hearing can be held; (2) That the State Division of water Quality urge the Carps to conduct a public hearing; and, if the Corp declines such a public hearing, that the Division of Water Quality hold a public hearing and withhold its 401 permit until such a hearing has been held; (3} That the Division of water Quality investigate Martin Marietta's application with respect to the potential violations referred to in this Resolution above; (4) That neither the Corps nor the State issue any permit on Martin Marietta's application pending the holding of an adequate public hearing and further investigation of the application; and (5) That a copy of this Resolution be sent to the Corps, Martin Marietta and all appropriate agencies of the State of North Carolina. t. Adopted this the day of ~, ~ , 2007. S~ Mayor, 1 ene Tarpley~ ATTEST: ~Q~ ~ G~~~~w Clerk, Sandra McCollum Hearing for SAW-2005-21057-210 -East Alamance Quarry, Martin M... Subject: Hearing for SAW-2005-21057-210 -East Alamance Quarry, Martin Marrietta From: "William A. Franklin" <wafranklin@earthlink.net> Date: Sun, 10 Jun 2007 17:51:05 -0400 To: <cyndi.karoly@ncmail.net>, <monte.k.matthews@usace.army.mil> CC: "'Algene Tarpley"' <atarpley@triad.rr.com>, "'Quentin T. McPhatter"' <gmcphatter@greenlevelnc.com>, <megan.benton@ncmail.net>, <linda.jones@ncmail.net>, <coleen.sullins@ncmail.net>, <lee.spencer@ncmail.net>, <sherri.mcknight@ncmail.net>, <dr mike@mindspring.com>, "'Ann Brooks"' <anniebea@peoplepc.com>, "'HRA"' <info@hawriver.org> Green Level Assembly 2234 Box D Basil Holt Road Burlington, NC 27217 (336) 578-9927 June 9, 2007 Subject: Ongoing Clean Water Act violations on Boyd's Creek, in light of the US Army Corps of Engineers (ACE) refusal to provide a public hearing on the MODIFIED application from Martin Marietta Materials, Inc., SAW-2005-21057-210 for expansion of their East Alamance Quarry in Alamance County NC to allow authorization of impacts to .44 acres of jurisdictional wetlands, 1814 linear feet of stream channels exhibiting important aquatic functions and 1,230 linear feet of stream channels lacking important aquatic functions. All addressees, above: The Green Level Assembly is a group of concerned citizens who have serious concerns about the planned expansion of the Martin Marrietta East Alamance Quarry in that existing quarry operations cause serious ground water problems related to the Quarry as documented in related letters from Dr. Michael Holland, an environmental scientist, on May 28, 2007 and Elaine Chiosso, Executive Director of the Haw River Assembly on June 6. 2007. This is prior to application for further expansion and recertification application by Martin Marrietta in 2008. The Town of Green Level has also expressed its concerns in a resolution, dated June 7, 2007, based on the concerns expressed by this group and the reports mentioned above. In support of all other submitted materials, we consider a formal hearing from DWQ and ACE essential to examine evidence from the two reports and consider further impacts of quarry operation and potential expansion under the current permits. It appears that the operation of the East Alamance Quarry is likely noncompliant now. If that is the case, how then will any expansion be compliant with the laws? 1 of 3 6/12/2007 10:35 AM Hearing for SAW-2005-21057-210 -East Alamance Quarry, Martin M... Thank you Ann Brooks Chair Green Level Assembly 2234 Box D Basil Holt Road Burlington, NC 27217 (336) 578-9927 Cyndi Karoly, Environmental Supervisor II 401 Unit Supervisor NC Division of Water Quality 1650 Mail Service Center Raleigh NC 27699-1650 cyndi.karoly(c~ncmail.net (919) 733-9721 Monte Matthews Raleigh Regulatory Field Office Army Corps of Engineers 6506 Falls of the Neuse Road Suite 120 Raleigh NC 27615 cc: William A. Franklin 806 Warwick Court Burlington, NC 27215-3575 Tel: 336-222-0126 Cel: 336-263-2062 Fax: 866-842-1504 Dr. Michael Holland, PhD CERES, Interim Director PO Box 36, SXPHW, NC 27340 336-376-9322 Elaine Chiosso Haw River Assembly P.O. Box 187 Bynum, NC 27228u (919) 542-5790 info(a)_hawriver.orq 2 of 3 6/12/2007 10:35 AM Hearing for SAW-2005-21057-210 -East Alamance Quarry, Martin M... www.hawriver.orq Algene Tarpley Mayor, Town of Green Level Quentin McPhatter Administrator Town of Green Level Ms Ann Vaughn Alamance County Commissioner Senator Tony Foriest Representative Alice Borsden Representative Cary Allred 3 of 3 6/12/2007 1035 AM