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
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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
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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 ~ ~~
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fa ~1n7~
tii r,Y rr ~ ~ u ~.;
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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