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HomeMy WebLinkAbout20050327 Ver 1_More Info Received_20050204U.S. ARMY CORPS OF ENGINEERS ~'~ ~ ~ ~ 7 WILMINGTON DISTRICT Action ID: 20050238 County: Granville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Carolina Sunrock, LLC ,~, Attn: Tony Sample ~ Mailing Address: 1001 West B Street „' ~ . ~~''^ Butner, North Carolina 27509 ~~'~ ~~;',,, ~~ Telephone No.: (919) 575-4510 ,~, 4 ~9 Authorized Agent: ' Mailing Address: Telephone No.: Location of property (road name/number, town, etc.): The proposed activity is located at 1001 West B Street, in Bunter, Granville County, NC. Site Coordinates: 36.1155 °N -78.7643 °W USGS Quad: Northeast Durham Waterway: Cedar Creek River Basin: Neuse HUC: 03010201 Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes the installation of a road crossing into a perrenial stream to facilitate expansion of the Carolina Sunrock Quarry Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 LTSC 403) Authorization: Nationwide or Regional General Permit Number(s): 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Kevin Yates at tele ne (919) 876-8441, ext 30. Corps Regulatory Official __ ate: 12/16/2004 Verification Expiration Date: 12/16/2006 Copy Furnished: Page 1 of 2 Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ^ There are Navigable Waters of the United States within the above described project area 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 maybe relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area 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. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on (Action ID: ). Basis of Jurisdictional Determination: This waterbody exhibits an ordinary high water mark as indicated by changes in soil character and absence of terrestrial vegetation and is hydrologically connected to the Cedar Creek, adjacent to the Neuse River adjacent to Pamlico Sound r Corps Regulatory Official Date: 12/16/2004 Determination Expiration Date: 12/16/2010 Summa o Authorized Im acts and Re uired Miti ation Action ID NWP / GP O en Water (ac) Wetland (ac) Unim ortant Steam (1f) Im ortant Stream (lf) # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 20050238 39 140 Impact Totals 0 0 0 0 0 0 0 140 Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (lf) 140 Re uired Wetland Miti ation (ac) 0 Re uired Stream Miti ation (lf) 0 Additional Remarks and/or Special Permit Conditions: Page 2 of 2 WILMINGTON DISTRICT POST-CONSTRUCTION COMPLIANCE FORM Action ID Number: 20050238 County: Granville Permittee: Carolina Sunrock, LLC Attn: Tony Sample Date Permit Issued: 12/16/2004 Project Manager: Kevin Yates Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps Of Engineers Wilmington District Raleigh Regulatory Field Office 6508 Falls Of The Neuse Road Suite 120 Raleigh, North Carolina 27615 Please note that your permitted activity is subject to a compliance inspection by a U.~S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NU~I 11~ICA~lIOti (>1~ .~~I~[~IINIS~1lZ.~~1~1~~1~_ ~}'I'J,:_~L UPI l~)~~ :~V'~`ll PROC:I~;SS 1~1N1) RIOt I,:S1~ FUI: ;11'I'f~;~~I. Applicant: Carolina Sunrock, LLC Attn: File Number: 20050238 Date: 12/16/2004 Ton Sam le Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - "I'11e following c~entifie~ ~ our rights and options regarding ~u~ adtninistrat~ ~ appeal ~~1 the above decision. Addit`ionnlintc~rmali~~nma~hel~~undathttp:/_«~~~~~.usace.arrr»~.mil`inet/Iimcti~~n~~c~~'ccc«<~'re~~i~r Corps regulations at _~;~ ~' I~ I~ P~u-t _~ ~ 1. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the. LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SEC1,lON II -°REQULST hUK AI'YEAL or UB.IECTIONS TO AN IN111ALPROFI~1/RI~;D PERI~~IIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. PO1NT t)1~ CUN1~AC~ l~ F(~R QUr~TIO~iS URINFORMATION: __ - If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Kevin Yates Mr. Arthur Middleton, Administrative Appeal Review Raleigh Regulatory Field Office Officer US Army Corps of Engineers CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 11SUNROCK' Ms. Cyndi Karoly DWQ 2321 Crabtree Blvd Suite 250 Raleigh, North Carolina 27604 February 2, 2005 Re: Creek Crossing PCN, COE Nationwide 39 Mining Permit No. 39-06 Butner Quarry Granville County Neuse River Basin, Sub basin # 03-04-01 Dear Ms. Karoly; ~~u~ Fj~~CQp~ Please fmd attached, two copies of the PCN as submitted to the US Army Corps of Engineers and an Issued Nationwide 39 relative to this application. Mr. Mike Horan from the Raleigh Regional Office had done a field visit on this application prior to it being submitting to the COE. Mr. Horan has also requested that I send the attached information to your attention. This permit was requested to allow the construction of an access road from our existing mining site to our proposed expansion area. The location of the road is along a previously existing road that forded the creek. Please contact me at (919) 575 - 4502 if additional information is required. Sincerely, Carolina Sunrock Co ration _. ~ _ Tony L. Sample, C.P.E.S.C. Compliance Manager Attachments o ~~ ~OV '~~4 ~ ~~~ ~ ~o D '~'gTF~~TI' °~ Carolina Sunrock LLC P.O. Box 25, Butner, North Carolina 27509 Phone: 919/575-4502 ASPHALT I CONCRETE I AGGREGATES