HomeMy WebLinkAbout20220241 Ver 1_PN Comments to USACE_20220323
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
March 23, 2022
Corps Action ID# SAW-2019-00233
DWR# 20220241
Jones County
Emily Thompson
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Delivered via email to: Emily.b.thompson@usace.army.mil
Subject Project: Belgrade Quarry Expansion
Dear Ms. Thompson:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
project:
1. The applicant has stated that the purpose of the project is to expand mining at the existing
Belgrade Quarry facility. The Division requests that you consider whether this purpose has been
so narrowly defined as to preclude a thorough alternatives analysis.
2. Notwithstanding comment #1 above, the Division is concerned that the applicant has repeatedly
relied on their own stated purpose, the burden of cost, and “market demand,” throughout their
alternatives analysis without specifically defining or justifying these terms/assertions.
3. Notwithstanding comment #1 above, the applicant states that they have access to an alternative
permitted mining area (Bryan Pit) but it is their preference to reserve this location for later
development. The applicant prefers this approach in order to serve the market over a longer
term and so that they do not lose the potential to mine the Bender Pit area due to a possible
lease expiration. The Division requests that you consider whether this business preference
satisfies the LEDPA.
4. The applicant has stated that a second haul road is necessary for efficiency and cost, however
they have not provided detailed information to support these conclusions, nor have they
provided alternative alignments for this second haul road to demonstrate that the proposed
location of the second haul road has avoided and minimized resource impacts to the maximum
extent practicable.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Martin Marietta
Corps Action ID# SAW-2019-00233
DWR# 20220241
Request for Additional Information
Page 2 of 2
5. The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
.0506 at this time. The Division has requested additional technical information from the
applicant and requests that the USACE also consider the attached letter during the review of the
application.
Thank you for your considering the Division’s comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-776-9693 or
sue.homewood@ncdenr.gov.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Unit
Enclosure: Request for Additional Information Letter from DWR to Martin Marietta (March 23,
2022)
Electronic cc: Thomas Brown, Martin Marietta
Maria Dunn, NCWRC
DWR WaRO
DWR WiRO
DWR 401 & Buffer Permitting Branch file
Filename: 20220241 Belgrade Quarry_Jones_PN Comments to USACE.docx
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
March 23, 2022
DWR # 20220241
Jones County
Martin Marietta
Attn: Mr. Thomas Brown
2235 Gateway Access Point
Raleigh NC 27607
( Delivered via email to: Thomas.Brown@martinmarietta.com )
Subject: REQUEST FOR ADDITIONAL INFORMATION
Belgrade Quarry Expansion
Dear Mr. Brown:
On February 11, 2022 the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on-hold
until all of the following information is received:
1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
[15A NCAC 02H .0502(c)]
2. Please provide a copy of the most current DEMLR approved mine map with the proposed pit
expansion areas and haul roads located on the map. [15A NCAC 02H .0506(b)(1)
and .0502(a)(9)]
3. Please clarify whether the “pit” limits shown throughout the application materials depicts
just the limits of the pits or the limits of the outer most proposed disturbed area necessary to
mine within the pit area, such as disturbances for associated activities such as access roads,
berms, sediment/erosion control measures, safety features, etc. [15A NCAC 02H .0506(b)(1)
and .0502(a)(9)]
4. Please provide a site plan that shows the entirety of the proposed haul roads for the Bender
Pit. The Division is unable to evaluate the project for avoidance and minimization without a
complete understanding of the entirety of the proposed haul roads, including how the
various pieces connect and where they terminate/begin within the pit and connect to other
roads within the facility. [15A NCAC 02H .0502(a)(9)]
5. Please provide detailed plans for the stream relocation around the North Pit. The plans must
include plan and profile details, accurate dimensions (including proposed side slopes and
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Martin Marietta
DWR# 20220241
Request for Additional Information
Page 2 of 3
floodplain access), any proposed buffers, proposed bed and bank materials and construction
sequence/details. Please provide specific information regarding tie in locations with the
existing stream. [15A NCAC 02H .0506(b)]
6. Please provide detailed plans and profiles for the proposed haul roads, as well as detailed
construction sequences for each site. Please ensure that the plans clearly document that the
proposed culverts will be installed to ensure equilibrium between the unimpacted portions of
the wetlands and provide aquatic life passage. The plans should also include a detailed
construction sequence demonstrating that the construction will be conducted “in the dry”
and showing limits of all erosion control measures necessary to protect the adjacent
wetlands. Please also clarify if any additional vegetation clearing will be needed adjacent to
the proposed road for construction access. [15A NCAC 02H .0506(b)]
7. Please provide additional detailed information regarding the need for the second haul road,
the “Overburden Road,” which is proposed to cross a large wetland complex between the
existing mine facility and the proposed Bender Pit. While the Division recognizes that this
road has been located in the narrowest portion of the wetland system, the direct impacts are
still substantial and indirect impacts do not appear to have been considered. It is stated that
“having a direct path” would reduce each trip, please provide maps with alternative road
locations that were considered and the associated distances for each alternative to further
justify this statement. Please provide further explanation of “necessary for operation
efficiency and safety under the circumstances” and “substantial savings”. [15A NCAC
02H .0506(b)]
8. The Division needs to understand the projected volume of traffic that will use the
Overburden Road in order to further evaluate Avoidance and Minimization. How many
estimated trips will trucks and/or other machinery take per day over the proposed
Overburden Road during: 1.) initial site development and 2.) mining operations. [15A NCAC
02H .0506(b)]
9. Please explain why a narrower road with traffic controls (e.g. the use of a flagger or remote
light to control traffic) are not a practical alternative to the proposed designed with two
travel lanes. [15A NCAC 02H .0506(b)]
10. Please explain how the roadway runoff will be captured/treated. Will any stormwater from
the roads discharge into or adjacent to any wetlands or streams. [15A NCAC 02H .0506(b)]
11. Please provide an analysis of expected indirect impacts to the section of stream between the
road and the portion to be rerouted around the North Pit. This section of channel will be
further removed from downstream waters and be located between two impacted sections of
channel which has the potential to further degrade the functions within the channel. [15A
NCAC 02H .0506(b)]
12. Please provide a mitigation plan which will meet the requirements of 15A NCAC 2H .0506(c).
Please note Item (c)(7) indicating that no more than 25% of the mitigation requirements may
be satisfied through preservation. [15A NCAC 02H .0506(c)]
13. Please provide information to include a map showing any residential wells within 500 feet of
the new pit boundaries. [15A NCAC 02H .0506(b)(3)]
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Martin Marietta
DWR# 20220241
Request for Additional Information
Page 3 of 3
14. The Division is concerned that indirect hydrologic impacts will occur in adjacent wetlands as a
result of mining activities. Please provide a detailed hydrologic analysis/modeling of mining
activities, including pit dewatering, on the adjacent wetlands. [15A NCAC 02H .0506(b)(3)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Emily Thompson, USACE Washington Regulatory Field Office
Maria Dunn, NCWRC
DWR WiRO
DWR WaRO
DWR 401 & Buffer Permitting Branch file
Filename: 20220241 Belgrade Quarry_Jones_Addinfo.docx