20050688 Ver 2_USACE Correspondence_20070720

y ~
a-r ~
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID. SAW-200521057
Martin Marietta Materials, Inc.
Attn: Mr. Steve Whitt
PO Box 30013
Raleigh, North Carolina 27622-0013
Dear Mr. Whitt:
July 18, 2007
OS-DI..PBg Y~
.~ ~~ o~
o~ ~ °r'~
~~ ~
!L'L 2 n 2007
~~EN~ - Yt~ATEI~ ~i;Atl1~'
VPETLA~~~?~~!D ST~'?'~~'~~,TGP SRAhICH
Reference our Apri125, 2007, Modified Public Notice for the impacts associated with the
proposed expansion of the Martin Marietta East Alamance Quarry near Green Level in Alamance
County, North Carolina. Permanent impacts associated with the proposed project include 0.44-acre
of jurisdictional riparian wetlands, 1,8141inear feet of stream channels exhibiting important aquatic
functions, and 1,2301inear feet of stream channels lacking important aquatic functions.
After review of your proposal, a letter was received from the North Carolina Wildlife
Resources Commission (NCWRC), which raised concerns regarding the impacts to wetlands and
streams, and suggested several conservation measures. In a letter dated April 16, 2007, your
consultant, Mr. Harlan Britt of Kimley-Horn acid Associates, provided additional information and a
detailed response to these items. Mr. Britt's response has been forwarded to the NCWRC for their
consideration.
Several other letters have been received in response to the Modified Public Notice. These
letters are attached for your consideration and response. While each of the enclosed letters requests
a Public Hearing on this project, it is not the intention of the Corps of Engineers to hold a Public
Hearing at this time. However, other comments found within the letters maybe pertinent, as well
as, additional items brought up during the May 7~', 2007 public meeting. These would include:
1. Please list any previous water quality violations from the existing mine and the
action taken for remediation.
2. List any other authorizations required for this expansion, including but not limited to
air quality, blasting, FEMA floodplain impacts, etc.
3. Since blasting was a large concern expressed during the public meeting, please
summarize the permit which covers blasting and list any violations associated with it.

4. Explore any on-site avoidance and minimization techniques not discussed in your
application package. For example, expansion of the mine in other directions and the
use/expansion of other nearby mine sites.
5. Explain any safety related items including possible increases in truck traffic.
6. Explain any possible aesthetics impacts to nearby properties.
7. Please evaluate any impacts of property values to nearby properties.
8. Complete a compensatory mitigation plan.
9. List any expected impacts to nearby residential drinking wells.
10. Please provide further information on the process of cleaning water.within the pit
prior to releasing it into jurisdictional waters.
11. Previous conversations have dealt with the possibility of re-routing stream water
coming from the off-site pond into jurisdictional wetlands found on the southwest portion of
the property. Accordingly, this may assist with keeping current base flow amounts within
Boyd's Creek. Please provide details regarding this proposed plan.
Please note that copies of all letters have been attached for your review and consideration.
If possible, please provide a response to these issues within 60 days. If you have any questions or
concerns, please contact Mr. Monte Matthews at [phone] x30 or at the letterhead address.
Sincerely,
`t`~~~.~Q9,..
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Attachments
cc:
1. Cyndi Karoly, DWQ (with attachments)
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604

2. Kimley-Horn and Associates (with attachments)
Attn: Harlan Britt
PO Box 33068
Raleigh, North Carolina 27636-3068

Haw Rives Assembly
P.O. Box 187 Bynum, NC 27228
[phone] [e-mail]
www.hawriver ors
~{~'o~•ki~ig to Protect the Hcarv Rivef~ Silzce 1982
May 6, 2007
Monte Matthews
Raleigh Regulatory Field Office
6506 Falls of the Neuse Road
Suite 120
Raleigh NC 27615
Dear Mr. Matthews:
We hereby submit further concerns about the issuance by US ACE fora 404 permit on the
MODIFIED application from Martin Marietta Materials, Inc., SAW-2005-21057-210 for
expansion of their East Alamance Quarry in Alamance County NC that would allow
authorization of impacts to .44 acres of jurisdictional wetlands, 18141inear feet of stream
channels exhibiting important aquatic functions and 1,2301inear feet of stream channels lacking
important aquatic functions.
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 US ACE before a 404 permit is issued for this project. We believe greater protection
of the water quality and ecosystem health of Boyd's Creek should be made conditions on this
permit. We would also urge that a specific location is put forward on where any mitigation
would be carried out to offset damage to Boyd's Creek. We would hope this would be carried
out in the same sub-watershed of the Haw River.
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, with 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 current 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 request that the 404 permit for this project be denied until all impacts to Boyd's Creek are
more thoroughly investigated. We believe that the current condition of the creek, due to impacts
of the existing quarry and mining operation, should be looked into as well.
Sincerely,
Elaine Chiosso
Executive Director
[phone]

Page 1 of 3
Matthews, Monte K SAW
From: William A. Franklin [[e-mail]]
Sent: Sunday, June 10, 2007 5:51 PM
To: [e-mail]; Matthews, Monte K SAW
Cc: 'Algene Tarpley'; 'Quentin T. McPhatter'; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
dr [e-mail]; 'Ann Brooks'; 'HRA'
Subject: Hearing for SAW-2005-21057-210 -East Alamance Quarry, Martin Marrietta
Green Level Assembly
2234 Box D Basil Holt Road
Burlington, NC 27217
[phone]
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?
Thank you
Ann Brooks
Chair
Green Level Assembly
6/11/2007

Page 2 of 3
. 2234 Box D Basil Holt Road
Burlington, NC 27217
[phone]
Cyndi Karoly,
Environmental Supervisor II
401 Unit Supervisor
NC Division of Water Quality
1650 Mail Service Center
Raleigh NC 27699-1650
[e-mail]
[phone]
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: [phone]
Cel: 336-263-2062
Fax: [phone]
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
[phone]
[e-mail]
www.h_awriver,org
Algene Tarpley
Mayor,
Town of Green Level
Quentin McPhatter
Administrator
Town of Green Level
6/11/2007

Page 3 of 3
Ms Ann Vaughn
Alamance County Commissioner
Senator Tony Foriest
Representative Alice Borsden
Representative Cary Allred
6/11/2007

Matthews, Monte K SAW
Page 1 of 1
From: Quentin T. McPhatter [[e-mail]]
Sent: Friday, June 08, 2007 5:27 PM
To: Matthews, Monte K SAW
Cc: Ann Brooks; Algene Tarpley; [e-mail]; [e-mail];
[e-mail]; [e-mail]; Lee Spencer; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Nick Herman;
dr [e-mail]
Subject: Fw: 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
Attachments: SCAN0980_000.pdf
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
[phone] (Phone)
[phone] (Fax)
[phone] (Cell)
[e-mail] (E-Mail)
/ 1112007

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 THEII2
EAST ALAMANCE QUARRY IN ALAMANCE COUNTY, NORTH CAROLIlVA
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 ofillicit discharges to the riparian buffer;
{3) Possible point-source illicit discharges from a pipe draining Martin 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.
WHIrREAS, 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 for public comment on that application until after a public hearing can beheld;
{2) That the State Division of water Quality urge the Corps 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.
Adopted this the day of~ h2 , 2007.
Mayor, 1 ene Tarpley
ATTEST: ~GG~~~~
Clerk, Sandra McCollum