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HomeMy WebLinkAbout20230332 Ver 1_More Info Requested_20230504Baker, Caroline D From: Homewood, Sue Sent: Thursday, May 4, 2023 9:57 AM To: Bailey, David E CIV USARMY CESAW (USA); Hunter Wines; Mark Williams Cc: Matt Neely; Rick Baker; Clint Zimmerman Subject: RE: [External] Request for Additional Information: SAW-2020-00234 (Luck Stone / Sanford Quarry / Lee County) - DWR#20230332 ON The Division is unable to complete a review of the project until the issue noted in the email below is resolved to the USACE's satisfaction. Please copy the Division on any response and/or communication related to the below request from the USACE. The Division considers the application on hold until this issue is resolved. Thanks, Sue Homewood (she/her/hers) 401 & Buffer Permitting Branch Division of Water Resources Sue. Homewood@ncdenr.gov 336 813 1863 mobile 919-707-3679 office *new* Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Wednesday, May 3, 2023 3:29 PM To: Hunter Wines <hunter.wines@timmons.com>; Mark Williams <markdwilliams@luckcompanies.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov>; Matt Neely <Matt.Neely@timmons.com>; Rick Baker <Rick.Baker@timmons.com>; Clint Zimmerman <clint.zimmerman@luckstone.com> Subject: [External] Request for Additional Information: SAW-2020-00234 (Luck Stone / Sanford Quarry / Lee County) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. on Thank you for your Individual Permit application, dated 11/21/2022 (received 3/3/2023), for the above referenced project as well as the additional information submitted via email on 4/18/2023. 1 have reviewed the information provided, coordinated the information with my Field Office Chief and District Regulatory Chief, and determined that the application cannot be considered complete per 33 CFR § 325.1 (d). As previously noted, Section 5.0 of your "Luck Stone Sanford Quarry Permit Request" document references an "access road... being constructed by others", and that "the Applicant will tie into the terminus of the public road for the primary quarry access." In your additional information you stated that "the Applicant is aware of an access road being permitted by others that will serve as a multi-user access from Highway 87. It is our understanding that this road and proposed industrial park is currently being reviewed and has been assigned SAW-2023-00336." Internal discussions have confirmed that a Pre -Construction Notice (PCN) was submitted for this project (South Carter Industrial), but that our review is pending receipt of additional information as the proposed project would not fit within the impact thresholds of a Nationwide Permit. It appears that the above referenced access road would be required for the proposed Luck Stone Sanford Quarry to function. It is also clear that the access road has neither been constructed, authorized, nor provisionally approved. Per 33 CFR § 325.1(d)(2), "All activities which the applicant plans to undertake which are reasonably related to the same project and for which a DA permit would be required should be included in the same permit application. District engineers should reject, as incomplete, any permit application which fails to comply with this requirement." Accordingly, the following options are available: 1) Withdraw the permit application until such time as the "access road... being constructed by others" is authorized and then re -apply; 2) Revise the proposed project to include all required access to existing infrastructure necessary for the Corps to determine the project to be single and complete. Submit all revised information accordingly. Please submit your proposed path forward and the associated information (via e-mail is fine, or request a DoD SAFE file exchange link) within 30 days of receipt of this Notification to allow evaluation and/or preparation and issuance of a Public Notice as required per 33 CFR § 325.3. Otherwise we will consider your application withdrawn and close the file. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Hunter Wines <hunter.wines@timmons.com> Sent: Tuesday, April 18, 2023 2:46 PM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Mark Williams <markdwilliams(@Iuckcomoanies.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov>; Matt Neely <Matt.Neely@timmons.com>; Rick Baker <Rick.Baker@timmons.com>; Clint Zimmerman <clint.zimmerman@luckstone.com> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2020-00234 (Luck Stone / Sanford Quarry / Lee County) Mr. Bailey, Thank you for the response, and I apologize for the delay. Please find responses to comments below in red, with applicable attachments included. Please let me know if you have any questions or need additional information. Thank you, Hunter Wines, PWS Senior Environmental Scientist TIMMONS GROUP I www.timmons.com 1001 Boulders Parkway, Suite 300 1 Richmond, VA 23225 Office: 804.200.6386 1 Mobile: 757.272.2081 hunter.winesa-timmons.com Your Vision Achieved Through Ours To send me files greater than 20MB click here From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Tuesday, March 14, 2023 5:46 PM To: Hunter Wines <hunter.wines@timmons.com>; Mark Williams <markdwilliams@luckcompanies.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: Request for Additional Information: SAW-2020-00234 (Luck Stone / Sanford Quarry / Lee County) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 0 Thank you for your Individual Permit application, dated 11/21/2022 (received 3/3/2023), for the above referenced project. I have reviewed the information provided and determined that the application is not complete per 33 CFR § 325.1(d). Please submit the requested information below (via e-mail is fine, or request a DoD SAFE file exchange link) within 30 days of receipt of this Notification to allow preparation and issuance of a Public Notice as required per 33 CFR § 325.3. Otherwise we will consider your application withdrawn and close the file: 1) Section 5.0 of the "Luck Stone Sanford Quarry Permit Request" document references an "access road... being constructed by others", and that "the Applicant will tie into the terminus of the public road for the primary quarry access." Based on a review of recent aerial photography the Corps is unaware of any previously existing or newly constructed road in the referenced location. Further, although a Nationwide Permit (NWP) 39 verification was issued by our office on 8/3/2018, for infrastructure related to a proposed rock quarry in the same general location (SAW-2015-02582) including what appears to be an access road, this NWP 39 verification expired on 3/18/2022. Lastly, it appears that such an access road would be required for the proposed Luck Stone Sanford Quarry to function, unless additional information were to be provided to justify independent utility. Per 33 CFR § 325.1(d)(2), "All activities which the applicant plans to undertake which are reasonably related to the same project and for which a DA permit would be required should be included in the same permit application. District engineers should reject, as incomplete, any permit application which fails to comply with this requirement." Accordingly, please provide the information necessary to include the associated access road and its potential impacts to waters of the U.S. in the permit application, or provide sufficient information to justify that this access road is a single and complete project with independent utility. Response: The Applicant is aware of an access road being permitted by others that will serve as a multi-user access from Highway 87. It is our understanding that this road and proposed industrial park is currently being reviewed and has been assigned SAW-2023-00336. This road has independent utility as it will be constructed to have a service area greater than one project. The quarry has proposed to tie into the terminus of this road instead of constructing a separate access road that would have required additional jurisdictional impacts. 2) Section 8.0 of the "Luck Stone Sanford Quarry Permit Request" document states that "Cross -sections of the proposed impact areas are provided in Appendix C: Selected Design Plans." However, no plans of any kind are included in this Appendix. Please provide the referenced information to fully describe the proposed discharges of dredged or fill material in waters of the U.S. and potentially include in the Public Notice; Response: Please find cross -sections for each proposed impact included with this response. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Friday, March 3, 2023 3:24 PM To: hunter.wines@timmons.com Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: SAW-2020-00234 (Little River Quarry -Luck Stone / Sanford / Lee County) Good Afternoon, Your IP request for the above project has been received and forwarded to Dave Bailey for further processing. Thank you, Josephine Schaffer From: laserfiche.ncdenr.gov@mccicloud.io <laserfiche.ncdenr.gov@mccicloud.io> Sent: Friday, March 3, 2023 1:27 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: SAW-PCN-RG <SAW-PCN-RG@usace.armv.mil> Subject: [Non-DoD Source] More Information Received - Non -DOT - Lee New Project has been received on 3/3/2023 1:26 PM for Luck Stone Sanford Quarry. The link below will take you to the project folder. https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=546066;view=browse This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored.