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HomeMy WebLinkAbout20140014 Ver 1_401 Application_2013121320144414 C�C�'U12G t%LG December 19, 2013 Ms Karen Higgins N C Department of Environment & Natural Resources Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh NC 27699 -1650 Re: NWP 44 PCN Application n �` Vulcan Construcion Materials Boone Quarry Dirt Storage Project,-= --- `� 17 Watauga Coonty, NC Ms. Higgins, Please find attached five copies of a NWP 44 PCN Application for the Vulcan Construcion Materials Boone Quarry Dirt Storage Project in Watauga County, NC . These copies include full size draw- ings. A copy of the PCN has been sent to the U.S. Army Corps. Also attached is a check in the amount of $570.00 for the processing of a Major Water Quality Application. Please do not hesitate to contact me if you should have any questions or if there is any way I can be of assistance to you. �'- ---� 2 e'�L Craig R. Wyant RLA A Fine Line Design P.O. Box 163 High Shoals NC 28077 704 - 240 -0793 craig.wyant @charter.net cc: Tony Johnson, Environmental Engineer, Vulcan Materials Company DP tt ;Uanda P, �;ts,� �,wa <.sr Branch C��One�rd/e / DES�Gr • P-I Off- Box 163 • hqh Shoals • NC • 28077 • (704) 240 -0793 Corps Submittal Cover Sheet Please provide the following info: 1. Project Vulcan Materials Company Boone Ouarry Dirt Storage Project Name of Property Owner /Applicant: Vulcan Construction Materials, LP 2. Name of Consultant/Agent: Craig R. Wyant RLA *Agent authorization needs to be attached. 3. Related/Previous Action ID number(s): SAW- 2010 -01090 Final JD 4. Site Address: 3869 Highway 105 South, Boone, NC 28607 5. Subdivision Name: N/A 6. City: Boone, NC 7. County: Wataugua, NC 8. Lat: N36.20520 Long: W81.71000 (Decimal Degrees Please) 9. Quadrangle Name: Boone, NC 10. Waterway: Laurel Fork and UTs to Laurel Fork 11. Watershed: Watauga 12. Requested Action: o ^ � � X Nationwide Permit # 44 �5 _ General Permit # DE, 7 2013 Jurisdictional Determination Request NR . WAMMR - niin Pre - Application Request M ater Branch The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site /Waters Name: Keywords: AGENT CERTIFICATION OF AUTHORIZATION I, Tony Johnson , representing Vulcan Materials Company , hereby certify that I have authorized Craig R. Wyant RLA of A Fine Line Design to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination, permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this Request for Jurisdictional Determination and associated Permit Applications is true and accurate to the best of our knowledge. C--� A Z:�>r5� Applicant's signature October 31, 2013 Date e s afore October 31. 2013 Date Completion of this form will allow the agent to sign all future application correspondence. Vulcan Materials Company Boone Quarry Dirt Storage Project NWP 44 Mining Activities — Phase One Introduction Vulcan Construction Materials, LP — East Region ( "Vulcan ") operates the Boone Quarry, Permit No. 95 -01, in Watauga County, North Carolina. The site is located on the south side of NC Highway 105 approximately one mile west of intersection NC Highway 105 and NC Highway 105 Bypass. This PCN Application provides an overview of the existing conditions of the quarry and a detailed plan for the proposed site improvements. The proposed activities are to be within existing permitted mine boundary and utilizes the northeast side of the existing quarry property for overburden (dirt) storage area. This PCN Application is only for Phase One which consists of the construction of an internal haul road and the known required activities necessary for the storage of overburden for the near term. If any additional stream or wetland impacts will result from future phases, the preparation of an Individual Permit application will be prepared and submitted. Property and Permit Boundary The existing permitted property at Boone Quarry consists of 192.04 acres of land owned by Vulcan Lands, Inc. and land leased from others. Within the 192.04 acre permitted area, Vulcan currently has approximately 123.15 acres for quarry related activities including: approximately 1 acre for settling / sediment pond area, 12 acres for plant / stockpile areas, 10 acres for overburden (dirt) storage area, and 101 acres for mine excavation area. The remaining areas are used for buffers and wildlife enhancement. The Project Site for Phases 1 and future phases are within the Tax Parcel consists of 17.85 acres. The use of this Parcel was secured for the purpose of new overburden storage. It was selected because it is adjacent to the existing quarry property so that transport of the overburden would not have to occur on public roads and all of the other surrounding land was too steep and did not offer any opportunity for dirt storage. This permit application is for the 5.6 acre area of the site identified as Phase 1. The area included in this permit application has been investigated for the presence of Waters of the U.S. (wetlands and streams). Any such areas have been delineated and verified using appropriate protocol and their locations surveyed. Approval for mine plan modifications have been submitted to the NC Division of Energy, Mineral and Land Resources. Project Description The project consists of providing an onsite permanent storage area for overburden (dirt) within the existing boundaries of the existing state mine permit boundary. There will be no changes to the pit limits, plant site or access points. There is limited area within the existing permitted area of the site available to store the overburden as all other potential sites are currently at fully capacity. The land area located to the east of the existing pit on land owned and leased by Vulcan Materials Company is the site of Phase 1. Permanent impacts for Phase 1 are for the placement of a limited volume of overburden to create an internal haul road to the storage construction site and its associated erosion and sedimentation control measures. This activity will provide a limited amount of dirt storage area. The activity will impact 224 linear feet of jurisdictional intermittent stream and .254 acre of wetlands. Future work will be considered a second phase of the project and will be determined at some point in the future. Any additional proposed impacts to streams or wetlands will be submitted as an Individual Permit application. Approval for mine plan modifications have been submitted to the NC Division of Energy, Mineral and Land Resources. There will be no changes to the existing Mine Permit. All currently permitted options have avoided impacts to streams or wetlands to this point. Description of Existing Site Conditions The Tax Parcel consists of approximately 192.04 acres of land controlled by Vulcan Materials Company located to the east of the existing quarry pit. The Project Site for Phases 1 and future phases are within the Tax Parcel consists of 17.85 acres. The disturbed area of this permit application is 5.6 acres for Phase 1. The majority of the Project Site occurs in the bottom land of Laurel Fork. Jurisdictional streams and wetlands have been delineated and surveyed. The surveyed jurisdictional boundaries have been verified by the U.S. Army Corps Wilmington District on August 11, 2010, and have been assigned Corps Action ID Number SAW 2010 - 01090. The entire Project Site has six small areas of jurisdictional wetlands totaling 0.371 acre, 1,643 linear feet of perennial stream (Laurel Fork), and 2,210 linear feet of intermittent stream. The majority of Laurel Fork has been cleared and channelized through the years to allow for agricultural use of the bottom land. Approximately 972 linear feet of intermittent stream (Stream B) within the bottom land is a man -made channel that did not appear on USDA -NRCS aerial photography in 1964. The channel only appeared on subsequent aerial photography in 1984 and was most likely constructed to facilitate farming activities within the valley floor. The bottom land is not currently forested and has been kept mostly mowed for hay. The activities within Phase 1 will not impact Laurel Fork. Project Purpose and Need The Boone Quarry has exhausted all available and practicable on -site storage areas for overburden (dirt). There is more overburden material which needs to be removed from existing approved excavation areas. Because of more stringent mine plan requirements, a larger area is now required for the storage of dirt. Therefore either immediate additional on -site storage areas must be provided or the material will have to be moved offsite. Immediate onsite storage needs will require permanent impacts to a minimal amount of intermittent stream and associated wetlands for the construction of an internal access road and the installation of required sediment and erosion control measures. Impacts to Laurel Fork will be avoided during Phase 1. The immediate demand for storage of overburden is to keep the quarry in operation. The long term need for storage of overburden will require room for the temporary storage of overburden until it can be sold. Overburden is sold to customers as fill for other projects but the local demand for this is much less than the rate at which it is generated, thus the need for the temporary storage. The on- site internal haul /access road is needed in order to access the site for the temporary on -site storage of the overburden until such time as it can be sold or the quarry ceases operation. Project Alternatives Project alternatives have been explored which include a no -build option, off -site disposal or storage of overburden, reduced footprint of on -site storage, an option to make all anticipated impacts permanent under an individual permit and on -site storage of overburden as proposed as a temporary use. The no -build option was determined not to be practicable because the overburden will have to be removed as the quarry development continues. This option would also include the removal and off -site disposal or storage of the overburden. The offsite storage option was determined not to be practicable nor environmentally preferred on several points, namely each truckload of overburden hauled off -site to another location would significantly increase the carbon footprint of the project and added traffic volume on area roadways. The haul trucks are only used on site. They cannot be used on public roads, not tagged, also the trucks use off -road diesel fuel. A haul truck can carry significantly more than a standard dump truck that can be used on roads. On road trucks can haul approximately 20 - 24 tons maximum. Off road haul trucks can haul 50 - 100 tons depending what size we have on site. Finally, the offsite storage is cost prohibitive. An attempt was made to reduce the footprint and scope of the project as an alternative. Since the proposed site is already very limited in size, further reducing the area of storage would not accommodate the projected calculated immediate overburden volume requirements for the quarry. The option of making all impacts permanent under an individual permit was reviewed and was determined to satisfy the project purpose and need. An individual permit application requires a lengthy review process and a considerable amount of time. The quarry has an immediate need for disposal for the near -term in order to stay in operation. As such, Vulcan has elected to keep permanent impacts to a minimum to satisfy the immediate need for near -term overburden storage under a NWP 44 and explore additional alternatives for the disposal of a significantly larger amount of overburden for the long -term. The selected alternative uses a combination of limited permanent impacts to provide access to the site and erosion and sedimentation controls under a Nationwide Permit 44 with additional temporary impacts to provide sufficient storage area for the calculated volume of overburden. This alternative satisfies the project purpose and need and avoids and minimizes the permanent impacts to Waters of the U.S. and other related environmental impacts. Proposed Activities Under NWP 44 Mining Activities Proposed activities under a NWP 44 include the use of overburden immediately to construct erosion and sedimentation control facilities for the project, to construct a haul road for permanent internal access to the site, and to provide for overburden storage for the near -term. A contractor will likely install the silt fence and construct sediment basin 2013 -001, then VMC will build the road from the existing fill area down to the toe where basin 2013 -001 is located. After this internal road is constructed, then VMC quarry trucks will haul the overburden to our Phase 1 development area. Total permanent impacts to intermittent streams will be 224 linear feet. Total permanent impacts to jurisdictional wetlands will be 0.254 acre. Project Mitigation for Unavoidable Impacts A payment is proposed into the NC Ecosystem Enhancement Program (EEP) for unavoidable permanent impacts to 0.254 acre of wetlands and 224 linear feet of intermittent streams. Said monies will be available for use by this program for habitat restoration /protection elsewhere within the Watuaga watershed or in the adjacent Yadkin -Pee Dee watershed. Highlighted below are additional environmental site permitting considerations: - The Water Quality Classification of Laurel Fork is C- Trout. - Laurel Fork is not located within the FEMA 100 Year Floodplain, - Laurel Fork is not listed as a 303(d) Impaired Water. The closest 303(d) listed stream is the Watauga River located 3.5 miles downstream of the site. - Laurel Fork is not listed in the NC List of Pristine Waters - There are no cultural or historical resources within the vicinity of the site as mapped on the database of the NC State Historic Preservation Office. - There are no specific Element Occurrences of protected species within the vicinity of the site as mapped on the database of the NC Natural Heritage Program or identified by the USFWS. Sedimentation and erosion control measures have been designed in accordance with Land Quality Section guidelines in order to collect and filter rainfall runoff throughout the life of this operation. 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' t f.. _ f,� �) f} i �1 I � j -- •` 1 y^+„s_r' ` i'r b'..F'rr � �/ f'�1 ''rf'' -J,+' '•.r, ' ° �'' '' lf�� I � 1 1 I '� r,• J �� �r - -- — '� •� j i •' •n'S5'1 I, 1 f i' � t �r r.'f � �1 -,-e_ `�.,�• � �? i . • r' -� -�.y` � ' %:r- -"0�., � i , :'. 1 (�' ';t' • . k a � ---••4 t Ft � " — °` 1 i' S �' •, �i r . • x1J 1'j I ate., ' r• �-, ' P 1 ' ' ♦y�' ' , „`, •• � � • I ��) I'• r 1 i l •1 •, r Source: USGS 7.5 minute quad, Boone, NC (1959, revised 1978) Vulcan Materials Company Boone Quarry Scale: 1 " =2000' Watauga County, NC NORTH Project Location ot WA TF19pr � r -i O T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 44 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes Q No 1 d Type(s) of approval sought from the DWQ (check all that apply): X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes Q No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Vulcan Materials Company Boone Quarry Dirt Storage 2b. County: Watauga 2c. Nearest municipality / town: Boone 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Vulcan Construction Materials, LP 3b. Deed Book and Page No. Deed Book 1491 Page 091, Deed Book 489 Page 586 3c. Responsible Party (for LLC if applicable): Hal Cox, Vice President 3d. Street address: 4401 North Patterson Avenue 3e. City, state, zip: Winston -Salem NC 27105 3f. Telephone no.: (336) 767 -4600 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no: 4g. Fax no.: 4h. Email address: S. Agent/Consultant Information (if applicable) 5a. Name: Craig R. Wyant RLA 5b. Business name (if applicable): A Fine Line Design 5c. Street address: Post Office Box 163 5d. City, state, zip: High Shoals NC 28077 5e. Telephone no.: 704 - 240 -0793 5f. Fax no.: 5g. Email address: craig.wyant @charter.net Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Tax Parcel ID 2900 -04 -8475 and 2900 -03 -2587 1 b. Site coordinates (in decimal degrees): I Latitude. 36.2052 Longitude: 81.71 1c. Property size: 17.85 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Laurel Fork 2b. Water Quality Classification of nearest receiving water: C -Tr 2c. River basin: Watauga 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is partially open bottom land and adjacent forested side slope with one intermittent stream and a number of small wetland areas The Tax Parcel has one nearby perennial stream (Laurel Fork) and one mtermittint channel connecting to Laurel Fork,which was dug between 1974 and 1984 The bottom land was formerly Geared for agricultural uses. 3b. List the total estimated acreage of all existing wetlands on the property: 0.371 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,583 3d. Explain the purpose of the proposed project: Project Purpose and Need is attached 3e. Describe the overall project in detail, including the type of equipment to be used: A detailed description of the overal project is attached. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑x Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary Q Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Craig R. Wyant RLA Agency /Consultant Company: Other: Craig R Wyant RLA 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. August 11, 2010 Corps Action ID SAW- 2010 -01090 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes X❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Q Yes ❑ No 6b If yes, explain. The project will consist of permanant activities as Phase One and Future Activities which will be permitted under a separate application as Phase Two Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland No Corps 0 145 W2 P Fill Headwater Wetland Yes Corps 0.066 W3 P Fill Headwater Wetland No Corps 0.018 W4 P Fill Headwater Wetland No Corps 0.01 W5 P Fill Headwater Wetland No Corps 0 015 W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.254 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill UT Laurel Fork INT Corps 3 224 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h Total stream and tributary Impacts 224 3i. Comments: Permanent impacts to 224 If of intermittent stream will occur as a part of Phase 1 An Individual Permit Application will be submitted for any additional impacts to jurisdictional waters as a result of future phases Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water Impacts 4g Comments: Ponds will not be permanently impactea i ney will a arained an a ams re- w . rono V- 1 15 .40 acre and Pond P219-34-5—cre 6. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman X❑ Other: 6b. Buffer Impact number – Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - YestNo B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The Boone Quarry has exhausted all available and practicable on -site storage areas for overburden (dirt). The plan for Phase 1 to satisfy immediated dirt storage needs by constructing an access road and support facilities on adjacent land has been designed to minimize permanent impacts resulting from immediate storage needs. Appropriate sedimentation and erosion control measures have been designed to prevent sediment from reaching surface waters. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Appropriate sedimentation and erosion control techniques will be employed All work will be constructed in the dry. (Additional Avoidance and Minimization Measures are Attached) 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Q Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): Q DWQ Q Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank Q Payment to in -iieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete If Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 224 linear feet 4c. If using stream mitigation, stream temperature: cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.254 acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes © No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 10% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project has less than 24% impervious area. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mecklenburg County ❑ Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Pro ram Review ❑Coastal counties CHOW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): [-]Session Law 2006 -246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes Q No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑Yes Q No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. There will be no new wastewater generated. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes X No ❑ ❑ habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Inventory database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NC Wildlife Resources Commission. Project is not in a Coastal County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes Q No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Office database 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Watauga County GIS layers Craig R. Wyant RLA Applicant/Agent's Signature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 � is ei Phase 1 S a ti - � r Future d X 4., In yy '1 �~ Tl o f +Z •Spy" `$ i x. }fir & FA April 1984 Aerial Photo USDA -NRCS Vulcan Materials Company Boone Quarry Watauga County, NC N Scale: I"=200' October 1964 Aerial Photo USDA -NRCS Vulcan Materials Company Boone Quarry Watauga County, NC N Scale: I"=200' U.S. ARMY CORPS OF ENGINEERS WILMM05TON DISTRICT Action Id. 201"1 County: Watauga U.S.G.S. Quad: Boone NOTIFICATION OF JURISDICTIONAL DETERMINATION Property OwnerJAgent: Ynkan Materials Company Attention: Tim Knopf Address: Post Ottice &I 2995 Boone. NC�28607 Telephone No.: 828A63 -7a Oil Property description: Size (acres) 49.47 ac 'Nearest Town Boone Nearest Waterway Laurel Fork River Basin Watauua Coordinates 36.2056 N. -81.7M W' Location description The site is located on NC Hwy 105 in Boone. Watauga County NC Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be waters on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This, preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 2L There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC §'1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland. delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will. provide an accurate depiction of all areas subject to CWA jurisdiction on, your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters and wetlands have been delineated and surveyed and are accurately depicted on the pint signed by the Corps Regulatory Official identified below on Auag 11.2010. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act,(33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Action Id. 2010 -01090 This delineation/determination has been conducted to identify the limits of COE's Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resoumes Conservation Service, prior to starting work. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army peimit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tasha McCormick at 828 -271 -7980. C. Basis For Determination The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is known as Laurel Fork which flows into the Watauga which flows into the French Broad River and ultimately flows to the Atlantic Ocean through the Gulf of Mexico. The Watauga River is a Traditionally Navigable Water, ('TNW). D. Remarks Site visit conducted on June 24.2010. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Tasha McCormick, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 11, 2010. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Issue Date: August 11, 201Q Expiration Date: August 11, 201 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at bft:/1re lam at =.usacesurvey.com/ to complete the survey online. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: (with copies of surveys) A Fine Line Design, 2112 Arney Street, Suite D, Lincolnton, NC 28092 Attention: Craig Wyant - COOLIDGE R PRESNELL PLAT BOOK 20 PAGE 258 DEED BOOK 792 PAGE 362 DEED 9" 809 PAGE 423 PARCEL. IQJ 2900 -04 -4820 POINT >~ 266 N: 905,1925 1,200,13E: _ S 1577'36 E { 71E 388 28 VULCAN LANDSy INC. a i DEED BOOK 1228 PAGE 133 PARCEL IDJ 1990 -94 -5713 J ROCK SOLID UMITED PARTNERSHIP DEED BOOK 555 PALE 057 PARCEL IDJ 1990 -83 -6545 (ORIENTATION LINE) VULCAN CONTROL POINT 1964 N: 903,626.81 E. 1,200,490.93 VULCAN LANDS INC DEED BOOK 1491 PAGE 091 PARCEL 1012900-04-8475 GH WNKLER FAMILY LIMITED PARTNERSHIP DEED BOOK 489 PAGE 586 PARCEL IDJ 2900 -03 -2587 PATRICK McHUGH AND DEBRA JL MdiUGH DEED BOOK 1183 PAGE 481 PARCEL JDJ 1900 -92 -6438 ESP Associates, P.A. 4601 Corporate Dr NW Suet 165 CwKOrd NC 28027 p wm 10,0995655 ESP fax 70+.70339665 www.espmodatmem HWY 105P SHEET 3 HAL S VANNOY AND NELL. ASSHER PLAT BOOK 021 PAGE 170 DEED BOOK 40 PAGE 216 WILL 80 -E -74 PARCEL IDJ 2900 -14 -6165 SHEET 4 0 ' MAX W. AND WOMEY G VANNOY DEED BOOK I �° PARCEL IDJ 200-13-4022 ! SHEET 5 ! I 1 r r ! ! r r ANDREW H STAWNGS AND EMILY B STAWNGS WILL 94 -E -75 DEED BOOK 58 PAGE 198 ANDREW H fTALLINGS AND PARCEL IDI 2900 -13 -0173 EMILY B STALLINGS PARCEL 1012900-02-4269 TMs ORAIIpIC AND/11R THE OESIfi1, SNOMN M`E W PROPERTY "w Esf ASSMA= P.A IW RPRODUC=K ALTEt MIK COPYMO ON 01MM 1JSE OF DO MOM M nwr THER 1N8T1pV CONSENT IS PRpO81T® MID ANY nowwQEIf mr 110.1 8E SUBA�T 10 LEIIAI ACTMM ESP ASW M= PA LEGEND R/W RIGHT— OF—WAY CP CALCULATED POINT PL PROPERTY LINE WETLAND TABLE SCIFT ACRES N01E5 �' 0.195 1. AREAS COMPUTED BY COORDINATE METHOO. 0.066 WETLAND D 2 SUBJECT TRACT DEED ROMVENOES; DEED BOOK 1491 PACE Sl TE KENNETH DALE HAYM 0.009 091, DEW BOOK 489 PAGE 586. 425 AND BETTY S HAM DEED BOOT( 92 PAGE 03 A W TO BOUNDARY LINES SHOWN HEREON ESTABLISHED 0.077 PARCEL IDI 2900 -14 -1891 USING PLAT ENTITLED WUNDARY SURVEY FOR BLUE PINE WETLANDS SURVEY AT VULCAN MAMIALS COMPANY'S I PROJECT NO )X,07ADI SCAl. - -_. HOL1Tl M LLC' DATED 02/27/2007 BY REGIONAL LAND SURVEYORS; INC. AND ORIENTED TO FOUND MONUMENTATW N. 4. THE PURPOSE OF THIS PLAT IS 70 SHOW LOCATIONS OF TEMPLETON PROPERTIES LP NSTLANOS AND STREAMS AND IS NOT INTENDED FOR THE _ DEED BOOK 491 PAGE 558 CONVEYANCE OF PROPERTY. PARCEL ID# 2900 -14 --3871 a THIS PROPERTY MAY BE SMIECT TO OTHER EASEM IS OR . RIGHTS —OF —WAYS NOT SHOWN. vJcmy MAP KENNETH DALE NA YES & THIS PLAT REPRESENTS A SURVEY OF WETLANDS AND AND BETTY S HAVES STREAMS AS DELINEATED BY NETLAND CONSULTANT CRAIG DEED BOOK 96 PAGE 80 R. WYANT, RLAJSWS PARCEL. IDt� 2900 -14 -1790 HAL S VANNOY AND NELL. ASSHER PLAT BOOK 021 PAGE 170 DEED BOOK 40 PAGE 216 WILL 80 -E -74 PARCEL IDJ 2900 -14 -6165 SHEET 4 0 ' MAX W. AND WOMEY G VANNOY DEED BOOK I �° PARCEL IDJ 200-13-4022 ! SHEET 5 ! I 1 r r ! ! r r ANDREW H STAWNGS AND EMILY B STAWNGS WILL 94 -E -75 DEED BOOK 58 PAGE 198 ANDREW H fTALLINGS AND PARCEL IDI 2900 -13 -0173 EMILY B STALLINGS PARCEL 1012900-02-4269 TMs ORAIIpIC AND/11R THE OESIfi1, SNOMN M`E W PROPERTY "w Esf ASSMA= P.A IW RPRODUC=K ALTEt MIK COPYMO ON 01MM 1JSE OF DO MOM M nwr THER 1N8T1pV CONSENT IS PRpO81T® MID ANY nowwQEIf mr 110.1 8E SUBA�T 10 LEIIAI ACTMM ESP ASW M= PA LEGEND R/W RIGHT— OF—WAY CP CALCULATED POINT PL PROPERTY LINE WETLAND TABLE SCIFT ACRES WETLAND 18 4502 0.195 WETLAND 29 2,890 0.066 WETLAND D 665 0.015 WETLAND F 407 0.009 NEILAND G 425 0.009 NEILAND H 3382 0.077 STREAM TABLE LF STREAM A low. Al 64' A2 35' SIREAM B 1,734' 81 145' STREW C 90' Ci 17' STREAM E 224' 10. 07HIS CERTRES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DAZE UNLESS THERE LS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETE OMA710N OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TIT DICEED P1VE YEARS FROM THIS DATE THIS DE7ERMINA110N WAS MADE UWZWG THE 1987 CORPS OF ENGINEERS NETLA NDS M04EA710H MANUAL.' LOCATED IN BRUSHY FORK TOWNSHIP WATAUGA COUNTY NORTH CAROLINA BAR SCALE 1"=500' VULCAN MATERIALS_ COMPANY —� WINSTON —SALEM NC 27105 E 0 250 500 1000 () 7-2s31 NO. 0 )1.07.801— WETIAND.OMPG 3 08/06/2010 REMM CERTIMA?ION PER THE CORPS SLH 2 07/26/2010 LABELMO REVISIONS PER THE CORPS SLH 1 06/30/2010 ADDITIONAL WMM05 (0 ANO F) COD REV DATE DESCRIPTION BY WETLANDS SURVEY AT VULCAN MAMIALS COMPANY'S I PROJECT NO )X,07ADI SCAl. - -_. LOCATED IN BRUSHY FORK TOWNSHIP WATAUGA COUNTY NORTH CAROLINA BAR SCALE 1"=500' VULCAN MATERIALS_ COMPANY —� WINSTON —SALEM NC 27105 E 0 250 500 1000 () 7-2s31 NO. 0 )1.07.801— WETIAND.OMPG I a. g 0.o m 3f � 2� J In LINE TABLE LINE BEARING LENGTH E184 S 2676'48` W 27.70 1.185 S 3550'07' W 7.74 1.186 N 7349'56' w 23.28 L167 S 8326'57' W 2a48 L188 S 495326` W 25.75 L189 N 0930'10" E 15.25 L190 N 50V0 42" E 13:40 L191 N 783642' E 31.85 L1921 S 635544` E I 25.52 LINE TABLE LINE TAME LINE I BEARING LENGTH 15.13 BEARING LENG L 1 L204 9.73 rUNE 40'48' 24.48 L2 S '52" 5.56 1 -100 N 47' 2323 3 S 5 f' 30.33 N 33 ' 42' 26.38 L4 6 35.06 S 0325-34- W N 7935' 24.23 L5 51.11 51.03 L35 ' ` 35.17 1.6 ' " E 19.81 L36 1627'45* 36.96 L7 S 1' 4' E 18.51 L37 43'17' W 1228 L8 40 72 138 N ' W 33.57 19 S 7 ' 7' 30.46 L 39 N 73V6'28* W 24.97 L10 24.74 L40 S 8' ' " W 30.09 Of S 7" 5.44 L41 'S9' ' W 20-98 112 43' ' W 22 78 L42 26.32 L13 N " w 29.98 L43 6 ' f6.01 114 ' 9' W 37.09 L44 38 '51' E 18.43 1.15 24.23 L45 N 6'02* E 33.37 L16 S 61 '05' W 38.35 L46 S ' ' 2x94 L17 N 20.51 L47 16' 18.20 LIS *o ' ' W 5.32 L48 N 6171* 01' 36.09 1.19 ' " W 54.10 1.49 S 7'44" 26.39 1.20 N 18.21 L50 79' ' ' E 25.46 L21 0' " W 36.90 L51 ' 8' 44.85 L22 46 '4 " W 23.67 L52 N 52.14 L23 N 4829'02' W 5290 186 05' 8.14 L24 2839'04" W 44.65 LA7 10221011 w 17.42 L25 42-48-11- W 10.65 L88 '4 ' 16.76 L26 N 3257* 430 W 9.18 L89 S 27.39 L27 N 6.14 L90 " E 48.72 L28 N 59.56 Lf ' W 6276 L29 2524'j ' W 3.97 L12 06-37-00- W 7.15 L30 S 0512W E 1 36.47 L12 41 S 23*46W E 1 4.24 1 ESP ESP Amm- We% P.A. COOLIDGE R PRESNELL DEED 8" 792 PAGE 362 DEED BOOK 809 PAGE 423 PLAT BOOK 20 PAGE 258 PARCEL IDJ 2900 -04 -4820 WETLAND 18 GH WINKLER FAMILY LIMITED PARTNERSHIP DEED BOOK 489 PAGE 586 PARCEL 101 2900 --03 -2587 L201 I s 29,22' 22.87 L202 I N 4 r44'05 - W 15.13 L2a3 N 55'04#46 9.94 L204 ' 7.90 L205 N 86*18'120 E I 2293 L206 S 4224'11 * E 1 -100 1.207 S 4 4' 1" C 1 300 PERENNIAL SIVEAM A - 1,544 LF (TOTAL) (INCLUDES SHEET 2 3 & 4) 64VILANO 18 13,502 SOFT \ 0.105 ACRES ® UPLAND 1A RPW INTERMITTENT STREAM E 224 LF 11�S 89 41'40' E / t FOUND s iSo' -" � - NAIL ,� l fvl RPW INTERMITTENT STREAM E 224 LF / FOUND /6 REBAR ,�;8 y✓+, LAUREL -- _ WETLAND F 1 (� 665 SQFT 1 0.015 ACRES . , INTERMITT NWT -� STREAM 8 1734 LF (TOTAL) (INCLUDES SHEETS 2 3 & 5) VULCAN LANDS INC DEED BOOK 1491 PAGE 091 PARCEL IDJ 2900 -04 -8475 BAR SCALE 1 " =50' 0 25 50 100 0 IN 9� v SITE WIN" mp LINE TABLE LINE Im Oum* ANWAR WE MM SHOW ARE INS 1601 Corporate Dr. NW 1.171 ME RDWOOMMK Suite 165 L172 AL MM COMM ON OJH�'1 ERPUW Or M MAMM Canard NC 28D27 L173 Am ANr MST W 57.72 L174 T I&M AC phooO7047USM 1175 ESP ASSOCMIE'.L P.A. fax 704.793 -OW 1.176 N 0 " W ww esposocioteaoom WETLAND "G" N 33 ' 425 SO" -oo L178 0.009 ACRES / FOUND /6 REBAR ,�;8 y✓+, LAUREL -- _ WETLAND F 1 (� 665 SQFT 1 0.015 ACRES . , INTERMITT NWT -� STREAM 8 1734 LF (TOTAL) (INCLUDES SHEETS 2 3 & 5) VULCAN LANDS INC DEED BOOK 1491 PAGE 091 PARCEL IDJ 2900 -04 -8475 BAR SCALE 1 " =50' 0 25 50 100 0 IN 9� v SITE WIN" mp LINE TABLE LINE BEARING LENGTH 1.171 S 48'11' W 11.64 L172 §_35*25'410 E I7.38 L173 p 57.72 L174 S 6' 'W 7.17 1175 N 10*30'04' W 57.58 1.176 N 0 " W 22.70 L177 N 33 ' 14.25 L178 S 23-W-25" E 9.97 L179 S 0325-34- W 8.20 L180 S m2sloO W 51.11 L18t S W 44.27 L182 S 4M'49- W 1.114 L183 S 59 ' ' W 23 64 Zy\ CAIRO- LAND 29 Off, / •,s Do So" S8 ACRES ENSE NO. :r L -3607 a IZ9 ........... c>4 SSOCIPZ f3 c)c. /%c5 3 08/06/2010 REVISED CERIMA7WN PER 7NE CORPS SLH 2 07/26/2010 I IABWNG RVASIDNS PER THE CORPS SLH 1 06/30/2010 AODMONAL WETLANDS (D AND F) CBO REV DATE DESCRIPTION BY rVff_A11 nQ QFTV 71PY d7' UTTYrAAf PROJECT NO No MATCRiALS COMPANY'S. BOONS UAP" DATE LOCATED IN BRUSHY_ FORK TOWTSWP DRAB r 0 WATAUGA COUNTY a1EacEO BY NORTH CAROLINA SLH WENT DATE SURVEYED MZ&ae 2010 VULCAN MATERIALS COMPANY Rome, N0. 4401 NORTH PATTERSON AVENUE "AA LE]A• NC 27105 XLOT 801 1IIIE7LAt1D OWG (336j 744 -2931 _ i r 9 UNE TABLE LINE BEARING LENGTH 153 S 84'51'09" E 49.10 L194 N 81108'15" E 38.97 L55 S 7231'41 " E 9.22 L56 S 7024'96* E 24.14 L57 S 3731'48" E 47.72 L58 S 30'38'34" E 67.49 L59 S 17'32'31" E 64.67 L60 I S 22703'58" E 29.92 L61 S 40'48'16" E 41.11 L62 S 4235'27' E 81.31 L63 S 51 .4'07' 92.15 L64 S 47*28"J30 E 120.76 L65 S 4179'50' E 29.60 L 66 • S 3 '18' E 28.00 L67 S 2836'47" E 74.40 L68 S 42'0 '07" E 44.53 L69 S 52'09'30' E 55.24 L70 S 59'57'49" E 25.23 L71 S 74 4'26" E 29.62 L91 S '010 32.47 L92 S 60'05'42" E 28.72 L93 S4 5'53" E 16.31 L94 S 16'+00'42" E 47.06 L95 S 21101'45' E 51.62 L96 S 2236'50' E 78.35 L97 S 323148" E 43.04 L98 S 32'06'15' E 55.05 L99 S 31'01'46" £ 26.13 L100 S 3738'42" E 33.75 L101 S 37'15'37' E 58.96 L102 S 3539' " E 50.70 L103 S 3846'31 ° 37.81 L104 S 16104'51" E 16.71 Li 05 S 04:53'29" E 36.18 L106 S O 34'43" E 28.23 L107 S 2 •49'06' W 7.24 L108 S 37 5'23" E 14.12 L109 S 738104" E 15.25 L110 S 02'11' 8" E 36.99 L111 S 0 45'07" W 11.76 L112 S 5 39'50" W 17.45 L113 S 79. 4'31 " W 21.12 L114 S 68 3947" W 27.76 L115 S 2 "59'10" W 15.87 L116 S 561 '550 W 35.26 L117 S 56 '020 W 5.89 L118 S 6 6'01' E a83 L119 S 59 47'12' E 30.24 L120 S 43'18'26" E 2018 . L121 S 23'57'59' E 29.90 Mum NAM C4 Ae �P WLCAN LANDS INC DEED BOOK 1491 PAGE 091 PARCEL ID/ 2900 --04 -8475 WLCAN LANDS INC DEED BOOK 1491 PAGE 091 PARCEL IDI 2900 -04 -8475 RPW INTERMITTENT STREAM B 1734 LF (TOTAL) (INCLUDES SHEETS Z 3 & 5) GH NINKLER FAMILY LIMITED PARTNERSHIP DEED BOOK 489 PAGE 586 PARCEL I01 2900-03 -2587 ESP ESP Associates. P.A. 4601 Cm m * Dr. Nw Sidle 165 Cmromd, NC 26027 ` fax 704.7999865 ate• apaswclatesmn U. ti's-1 PERENNIAL. 1 (TOTAL.) (INCLUDES SHEET Z 3 & 4) 40 D D x009 ACRES RPW INTERMITTENT STREAM B 1734 LF (TOTAL) (INCLUDES SHEETS Z 3 & 5) IX m aai R ZW z ,4V r� S1 TE V Mfr WIP HAL S VANNOY AND NELL ASSHER ' PLAT BOOK 021 PAGE 170 DEED BOOK 40 PAGE 216 WLL 80 -E -74 PARCEL IDJ 2900 -14 -6165 LINE TABLE LINE BEARING LENGTH L193 S 64*59'40* E 31.06 L194 S 39-15'27' E 2&d8 L195 5 21'21'41* E 26.00 L196 S 64 '47" W 4.05 L197 N 26 4 ' W 25.28 098 N 35*42'09" W 19.39 L799 N 725 ' W 31.78 L200 N 08-11 ' 1 " W 1 3.75 �N CAROB h 'y IL .�1j►. �RO�� f''� '''�ti9 =o4,r��ssi 7 s N0. i LICENSE 1 L -3607 A f XX �v h N- C -0587 g5�OC1A���, J 08/06/2b10 REVISED CfRnFrATION PER 7NE CORPS SLM 2 07/26/2010 ^ lABE1JNG REVISIONS PER THE CORPS SW 1 08/30/2010 I AOM04AL WE ANOS (D AND F) C80 REV DALE DESCRIPIM By 1 N- uff_AWTIM _QTYV WV AT VTTTl'ART PROJECT No BAR SCALE 1' =100' 1 ' 0 25 50 -100 200 to MATERIALS COMPANY'S SCAU 1oly BOONS QUARRY WE LOCATED IN BRUSHY ,FORK TOWNSHIP DRAB BY 'D WATAUGA COUNTY CHEcm By NORTH CAROLINA SLN CUENT WE SURVEYED VULCAN MATERIALS COMPANY DRAMANO No. 4401 NOR7N PATTERSON AVENUE MANSION - SALEM, NC 27105 x•801 WEILANDOM C (336) 744 -2931 Ha �a / � r PERENNIAL STREAM A2 ! 35 LF (/ i ,� \\ CP 16.30' 12.72• 17.16' \ S 88 34'11' W 10818' (TUTA / / 1� \ \\ ` WAx W. AND SFr►R" G VLMWY \ DEED BOOK 1421 PAGE 447 PARCEL NV 2900 -13 -4022 1 CP V % rDETAIILL/ NOT TO SCALE N h AI t 0 PERENNIAL STREAM 544 LF (Ti7TAl) (INCLUDES ° MEET 2. 3 do 4) 0 PERENNIAL STREAM Al �fee- 64 LF WLCAN LANDS INC DEED BOOK 1491 PAGE 091 PARCEL IDJ 2900 -04 -8475 PERENNIAL STREAM A 1.544 LF (TOTAL) (INCLUDES SHEET Z 3 do 4) - 108L s 1� 1 ro A 7D i I I ! I ° MAX W. AND SHIRLEY DEED BOOK 1421 F PARCEL IDJ 2900 - 1 , FOUND 34 PtPE 2 1 • t r/2 ANDREW H STAWNGS AND EMILY B STAWNGS 1 WILL 94 -E -75 �� •I DEED BOOK 58 PAGE 198 PARCEL Of 2900 -13 -0173 ESP Associates, P.A. 4601 Corporatt Dr NW Suitt 165 CbrKad, NC 28M plane 70,.7998855 fax 704.793.9865 ESP.spamwlatts"m 1NIS t1rPnMNG Mro/bR nIE t>ES<GN SKIM Aim VIE W NWr MW tlRtTIFJd CQVSFNT IS PR'f>OM= MID MY t 011111 C AW NU BE S1/B.ECT 70 LEGAL ACOM ESP ASSWA7E.4i P.A. I I I ' r AN OY a l I I I i I d C m �w �Y 3 J LINE TABLE UNE SEARING LENG7H L72 4,3'76-40- g 17.20 L73 5 42.83 L74 S - E 13.03 L75 S 24W*02' E 34.65 L76 17.94 L77 S 05'59'01' W 12.37 L79 S 3 35.24 LBO S jaZS*440 W 4103 L81 19.77 L82 24.87 L83 I S '06' r 9.27 L84 I S 0652'10* 16.24 L85 I S OBID4*30o 19.29 BAR SCALE 10=50' 0 25 50 100 SITE vmpw tw1P LICENSE NO. C -0587 'e bCP 1 %cl 3 08/06/2010 REVISED CERnFICAT10N PER THE CORPS SL" 2 07/26/2010 LABELING REW IONS PER THE CARPS SLH 1 06/30/2010 ADOMONAL WETLANDS (0 AND F) CBO REV DATE OESCRIPIION BY WETLANDS SURVEY AT VULCAN I MATERIALS COMPANY'S PROJECT NO XL07.601 - _ -• LOCATED IN BRUSHY FORK TOWNSHIP WATAUGA COUNTY NORTH CAROLINA No SOME VULCAN MATERIALS COMPANY oRAMeNG N0. —' 4401 NORTH PATTERSON AVENUE 1MNSTON– SALEM. NC 27105 XUYLSO1 WETLAND.0111G (336) 744-2931 i 1 LINE TAKE LINE 11.98 LENGTH L125 _BEA_RWO S 36.74 026 S 3'4 ' W 61.64 L127 S 50 87.15 L128 S 4 ' W 50,94 L129 S 45-41*10" W 69.90 L130 S 52-24'20* W 28.46 L131 S ' 1' ' W 20.41 L132 68 ' " W 44.34 L133 S 33'10'370 W 62.74 L134 S S '04' W 30-69 L135 ' 4' E 15.17 L136 S 2918 ` 13.93 L137 S 25VI ' 10.41 L138 S 63145'15' W 9.36 L139 S 625r52' W 25.37 L140 S 16*44'37" W 13.54 L141 S ' " W 11.52 L142 S 1158'24' W 9.71 L143 S 0 11.57 L144 S 3 '26' W 9.67 L145 S 41'57!50* W 2227 L146 S 41W'30* W 2212 L147 $ 7' " W 10-14 L148 $ 4.3-07-39- W 11.71 049 S ' W 22.04 050 S 1716!7-5* W 20.97 L151 S2435'04' 10.64 L152 S 50`54 1' W 12.11 L153 S I '01' W 10.73 L154 S 12110'38' W 15.09 L155 S 2621'02* W 20-11 056 S 0721* 51' E 10.80 L157 S 7,5'0321' W 13.56 L158 S 09*30'04. W 28.47 L159 S 46'23'04' W 10.93 L160 $ 23'41W" W 13 91 L161 S 00'54* 19' W 3255 L162 S 31.72 L163 S 3421'43* W 10-89 L164 S 35*49'1,3* W 7.10 L165 7'3 1.119 L166 $ ' W 4.57 L167 S 07' ' 2' W 4.98 068 0-23'46* E 1293 L169 S 1 7' 5.47 Ll7a $ 2M243' E 1 17.50 1 ESP RPW INTERMITTENT REA B 1734 LF (TOTAL) (INCLUDES SHEETS 2 3 & 5) RPW INTERMITTENT STREAM B 1734 LF (TOTAL) (INCLUDES SHEETS 2 3 & 5) ESP Associates, P.A 4601 Corporate Dr. NW Sune 165 Comoro NC 28027 phom 704.7939855 tar 704.7939865 wW W e6pa9WC18teurxn ft > i L218'iG pm c i J OHWM RPW INTERMITTENT STREAM 81 145 LF DETAIL AREA NOT TO SCALE WETLAND 'H' �►. /��' 3382 SOFT 0.077 ACRES it l� ��5 t~ L206 N 48'56' W 11.98 L209 N '58" W 19.34 L210 07 9.63 L.211 N 51*-45'Or 6.98 L212 1 '1 '18' E 17.21 L213 N 4' '59' E 14.63 L214 N 4'3 ' E 5.77 L215 22.30 L216 N ID ' E 11.51 L217 S 62* 35150* 7.47 L218 N 7 3' ' E 15.34 L219 S 'S - r 2.02 L220 S 04'12'34' W 28.43 L221 S 07'30'14* W 30.52 L222 S 1870*04- W 13.73 1223 S '15'00" W 1 20.11 L224 I S 86'59'3. ' W 1 6.50 INPTERMI TENT STREAM C 90 LF RPW INTERMITTENT STREAM Cl 17 LF POINT x'964 N. 903,628.81 E: 1.200.490.93 r r i i r r r t` J FV(M NNL ON WNKLER FAMILY LIMITED PARTNERSHIP DEED BOOK 489 PAGE 588 PARCEL. IDf 2900 -03 -2587 VULCAN LANDS INC DEED BOOK 1491 PAGE 0911 PARCEL. ID1 2900 -04 -8475 �9 RPW INTERMITTENT 17S L (TOTAL) S SHEETS 2, 3 4c Cl RPW (INCLUDE °INTERMITTENT STREAM SEE DETAIL) RPW INTERMITTENT ri STREAM Cl of 17 LF (SEE DETAIL) SEE,bETAIL AREA I NO LIRAIWG AMA* ALE L)E5W MW ARE BE AL7E MUK CW ?YWG OOPS CF 90 MUNC L1111L01W T►eLVT Mf1fftFJ! CONSaW OS PA0 W lEG AW .Wf' WOVOOMT WM OE SMACT TO LEGAL ACOM ESP ASSMA1F1i P.A. �F sti F BAR SCALE 1"=100' 0 25 50 100 200 �q V Lb 0 E3 v� 3 �2 09 p is 2 2�OOOv SITE wco6n �w CP ANDREW H STAWNGS AND EMILY 8 STALLINGS MU 94 -E -75 DEED BOOK 58 PAGE 198 PARCEL IDS' 2900 -13 -0173 CARO 0 1, y L -3607 00 �C OT ».Sul LICENSE NO. C -0587 .. « «...... y �S5�7CIA� I -w"Sww-b fcls(lo --w"ww- 3 09/06/2010 RENSED CERRFICAIM PER THE CORPS SLH 2 07/26/2010 LABELING REVISIONS PER THE CORPS SLH 1 06/30/2010 AOORION& WERANDS (D TWO f) Coo REV MACE OESCIOPTION 9tt WETLANDS SURVEY AT VULCAN PROJECT o 1 MATEiMW COMPAWS ;E "w LOCATED .iN BRUSHY PORK TOWNSHIP WATAUGA COUNTY NORTH CAROLINA No VULCAN MATERIALS COMPANY DRAWING No. 4401 NORTH PATTERSON AVENUE WINSTON- SALEM. NC 27105 XL07.901 WETLAND.0M (336) 744 -2931 5 OF 5 SHT GH WINKL.ER FAMILY INTERMITTENT uMITED PARTNERSHIP ,STREAM DETAIL) PARCEL f0 1 2900 -03 -2587 WETLAND am# 3382 SOFT 0.077 ACRES NO LIRAIWG AMA* ALE L)E5W MW ARE BE AL7E MUK CW ?YWG OOPS CF 90 MUNC L1111L01W T►eLVT Mf1fftFJ! CONSaW OS PA0 W lEG AW .Wf' WOVOOMT WM OE SMACT TO LEGAL ACOM ESP ASSMA1F1i P.A. �F sti F BAR SCALE 1"=100' 0 25 50 100 200 �q V Lb 0 E3 v� 3 �2 09 p is 2 2�OOOv SITE wco6n �w CP ANDREW H STAWNGS AND EMILY 8 STALLINGS MU 94 -E -75 DEED BOOK 58 PAGE 198 PARCEL IDS' 2900 -13 -0173 CARO 0 1, y L -3607 00 �C OT ».Sul LICENSE NO. C -0587 .. « «...... y �S5�7CIA� I -w"Sww-b fcls(lo --w"ww- 3 09/06/2010 RENSED CERRFICAIM PER THE CORPS SLH 2 07/26/2010 LABELING REVISIONS PER THE CORPS SLH 1 06/30/2010 AOORION& WERANDS (D TWO f) Coo REV MACE OESCIOPTION 9tt WETLANDS SURVEY AT VULCAN PROJECT o 1 MATEiMW COMPAWS ;E "w LOCATED .iN BRUSHY PORK TOWNSHIP WATAUGA COUNTY NORTH CAROLINA No VULCAN MATERIALS COMPANY DRAWING No. 4401 NORTH PATTERSON AVENUE WINSTON- SALEM. NC 27105 XL07.901 WETLAND.0M (336) 744 -2931 5 OF 5 SHT Summary of Impacts Vulcan Materials Company Boone Quarry Watauga County, NC N Scale: 1 " =200' t� Summary of Phase I Impacts Wetlands W1 Permanent Fill 0.145 ac. W2 Permanent Fill 0.066 ac. W3 Permanent Fill 0.018 ac. W4 Permanent Fill 0.010 ac. W5 Permanent Fill 0.015 ac._. Total 0.254 ac. Streams S 1 Permanent Fill Intermittent 2241f Total 2241f S •�� . M zm� cn NFAAW LfMAW ' 'ILP" WAN NwAr L #A' •tN /III 1 � �I �/ ` � BOONE QUARRY WATAUGA • OR �•• u ion DESIGNED: CW, PB, VCM R DAWN: CW, PB, VCM CHECKED: CW, PB, VCM DATE: 12 -15 -13 SCALE: AS SHOWN OVERBURDEN STORA Materials Company SHEET #: 1 OF 1 FILE NAME: Boone Wetlands Permit 13- 1101.dwg n D r M 1 0 + + + + + + O + 0 0 + • • • • • + + + + + + O + 0 0 + O r N O O W STREAM - S3 0 o O i .p � o c c:) c � U + O c O c ° CONVEYA CE + ° CHANNEL O.1 c o c SILT FENCE v STRE - S2 \ + o c o c ° a o c o c STREAM - S1 co � °o c c 1 c:) c O c O c 1 1 O c I--1 N y n O c 7d O W G' O 0 W N j 0o O O BOONE QUARRY WATAUGA COUNTY, NORTH CAROLINA CROSS SECTION N W W O O O DESIGNED: CW, PB, VCM DRAWN: CW, PB, VCM CHECKED: CW, PB, VCM DATE: 12 -15 -13 SCALE: AS SHOWN SHEET #: 1 OF 1 FILE NAME: Boone Wetlands Permit 13- 1101.dwg + O O + O O N + O O CA 0 sv 0 I � O J X O U) U) M 0 O z Vulcan Materials Company vi M O 0 W N j 0o O O BOONE QUARRY WATAUGA COUNTY, NORTH CAROLINA CROSS SECTION N W W O O O DESIGNED: CW, PB, VCM DRAWN: CW, PB, VCM CHECKED: CW, PB, VCM DATE: 12 -15 -13 SCALE: AS SHOWN SHEET #: 1 OF 1 FILE NAME: Boone Wetlands Permit 13- 1101.dwg + O O + O O N + O O CA 0 sv 0 I � O J X O U) U) M 0 O z Vulcan Materials Company + O O + O O N + O O CA 0 sv 0 I � O J X O U) U) M 0 O z Vulcan Materials Company Boone Quarry • Mining Permit No. 95 -01 Vulcan Construction Materials, LP • December 2013 OVERBURDEN STORAGE AREA This Overburden Storage Area is located on the northeast portion of the mine property. Phase 1 of development of this OSA consists of establishing the necessary erosion and sediment control structures along the toe of the area, construction of a haul road, and initial fill placement. Phase 1 does not impact the Laurel Fork stream flowing through the bottom land, but does impact some Waters of the US. Drainage from Phase 1 activities will be directed to SB- 2013 -001 through conveyance channel CC- 2013 -001 and culvert CU- 2013 -002. Construction Sequence Phase 1 Development 1. Install Silt Fence. 2. Construct Sediment Basin SB 2013 -001. 3. Construct Conveyance Channel CC 2013 -001. 4. Install Underdrain UD- 2013 -001. 5. Begin placing fill material to the lines and grades shown on the Phase I Development plan. 6. As the fill progresses and reaches final grade, install Sediment Trap ST-2013-001 and culvert 2013 -002. 7. As final slopes are completed, seed and mulch as per the approved Vegetation Plan r~ Eoo"y m PROGRAM November 14, 2013 Hal Cox Vulcan Construction Materials, LP 4401 North Patterson Ave. Winston - Salem, NC 27105 Expiration of Acceptance: May 14, 2014 Project: Vulcan Materials Boone Quarry Dirt Storage Project County: Watauga This is a conditional acceptance letter. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also eomaly with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including, SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011-343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, t tanfill agement Supervisor cc: Karen Higgins, NCDWR Wetlands/401 Unit Tasha McCormick, USACE- Asheville Craig Wyant, agent File Prt4" 0" .fta & MURK North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699- 1652 / 919- 707 -8976 / www.nceep.net River CU Stream (feet) Wetlands (acres) Buffer I Butler 11 Basin Location (Sq. Ft.) (Sq. Ft.) Cold I Cool Warm Riparian Non-Riparian Coastal Marsh Impact Watauga 06010103 224 0 0 0.263 0 0 0 0 Mitigation Yadkin 03040101 224 0 0 0.263 0 0 0 0 location Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, t tanfill agement Supervisor cc: Karen Higgins, NCDWR Wetlands/401 Unit Tasha McCormick, USACE- Asheville Craig Wyant, agent File Prt4" 0" .fta & MURK North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699- 1652 / 919- 707 -8976 / www.nceep.net United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 December 10, 2013 Ms. Tasha McCormick US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Subject: Listed Species Assessment, Pre - Construction Notification (PCN) for Proposed Commercial Vulcan Materials Company Boone Quarry Dirt Storage Project, located at 3869 Highway 105 South, in Boone, Watauga County, North Carolina Dear Ms. McCormick: On November 8, 2013, we received a copy of the subject PCN and project plans for the subject project from Mr. Craig Wyant of A Fine Line Design. We have reviewed the information presented and are providing the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act). Project Description — According to the information presented, the purpose of the project is to provide an onsite permanent and temporary storage area for overburden from the existing mine. The project area consists of a 17.85 acre parcel within 192 -acres of land owned by Vulcan Materials Company which is located east of the existing mine pit. No changes to pit limits are proposed with this application. The construction of the overburden area will take place in two phases. The first phase consists of constructing an internal haul road to the storage site and its sedimentation and erosion control measures. Construction of the first phase will result in impacts to 224 linear feet (10 of a jurisdictional intermittent stream and .263 acre of wetlands. The second phase will consist of creating a temporary diversion of 1,123 if of Laurel Fork into twin 72 -inch culverts and filling about 9721f of a man-made jurisdictional intermittent channel to create the temporary overburden storage area. Fish and Wildlife Resources — We are concerned about the potential direct, indirect, and secondary impacts that could occur to the streams, wetlands, and forested areas on the subject property. It is important that you minimize or avoid impacts to the aquatic resources located on and downstream of the property. The proper planning, design, and installation of stream crossings provide year -round aquatic organism passage and preserve healthy streams. We recommend the following Web site for additional information regarding stream crossing activities: http: / /www. stream. fs. fed. uslfishxing /pointers. html We also recommend the following measures to help minimize project impacts: 1. Use grassed swales in place of curb and gutter and on -site storm -water management (i.e., bioretention areas) that will result in no net change in the hydrology of the watershed. 2. Construct additional sediment/storm water basins at the base of waste disposal areas. Slope protection shall be provided to minimize surface erosion and uncontrolled surface drainage should not be diverted over the out slope of the waste pile. We recommend that surface run -off should be diverted from the waste pile into stabilized diversion channels that drain into maintained sediment basins which should be designed to handle a 100 -year, six hour storm event. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be re- vegetated with native plant species upon completion of construction. 3. Preserve and/or restore forested riparian buffers. We are concerned that the loss and lack of riparian buffers, will impact aquatic resources on the site and downstream of the project area. Forested riparian buffers, a minimum of 200 feet wide along perennial streams (especially the North Toe River), should be created and/or maintained. Riparian buffers provide travel corridors and habitat for wildlife displaced by development. In addition, riparian buffers protect water quality by stabilizing stream banks, filtering storm -water runoff, and providing habitat for aquatic and fisheries resources. 4. Install and maintain stringent measures to control erosion and sediment in order to prevent unnecessary impacts to aquatic resources within and downstream of the project site. Disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue -based mixtures should be avoided. Native annual small grains appropriate for the season are preferred and recommended. Also, perimeter erosion - control devices should be installed prior to any on- the - ground 2 activities. Frequent maintenance of these devices is critical to their proper function in order to minimize sediment discharge from the project site. We are concerned about the introduction and spread of invasive exotic species in association with the proposed project. Without active management, including the revegetation of disturbed areas with native species, project sites will likely be sources of (and corridors for) the movement of invasive exotic plant species. Exotic species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife and Plants.a It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the United States, costing more than $130 billion a year to control.b Additionally, the U.S. Government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov). Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere." Despite their short-term erosion control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotic plants° are also aggressive invaders of nearby natural areas, where they are capable of displacing already established native species. Therefore, we strongly recommend that only species native to the natural communities within the project area be used in association with all aspects of this project. 5. Keep equipment out of streams by operating from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be inspected daily and should be maintained to prevent the contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic materials should be stored outside the riparian management area of the stream, in a location where the material can be contained. Equipment should be checked for leaks of hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any stream. Also, all fueling operations should be accomplished outside the riparian management area. aD.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in the United States. BioScience 48:607 -615. bD. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous species in the United States. BioScience 50:53 -65. `Lists of invasive exotic plants can be found at http: / /www.tneppc.org /and http: / /www.invasive.org/eastern/srs/ (exotic wildlife links) on the Internet. 3 Federally Listed Species — According to our records and a review of the information presented, no listed species or their habitats occur on the site. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please contact Mr. Bryan Tompkins of our staff at 828/258 -3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4 -2 -14 -064. Sincerely, - - original signed - - Janet Mizzi Field Supervisor E -Copy: Mr. Craig Wyant, A Fine Line Design, craig.wyant @charter.net n W