20230332 Ver 1_USACE withdrawal_20230627

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 27, 2023
Regulatory Division
Action ID: SAW-2020-00234
Re: Luck Stone Sanford Quarry / Little River Quarry / Lee County
Mr. Mark Williams
Luck Stone Corporation
Post Office Box 29682
Richmond, Virginia 23242
markdwilliamsaluckcomaanies.com
Dear Mr. Williams:
Please reference your Application for Department of Army Permit (Application) and
attachments submitted March 3, 2023, for Department of Army (DA) authorization to
discharge dredged or fill material into wetlands and other potential waters of the United
States to construct and operate a proposed granite quarry. The proposed project is
located between NC Highway 87 and Fred Stone Road, in Sanford, Lee County, North
Carolina.
Please also reference our notice (attached) sent to you and your agent, Mr. Hunter
Wines of Timmons Group, via e-mail on March 14, 2023, that your application was
incomplete. This notice included the requirement to include in the application all
activities that were reasonably related to the project proposal, to be submitted within 30
days of the date of the request; specifically, this requirement pertained to the road that
would be required to access the property. On April 18, 2023, your agent submitted a
response to our notice, stating that the access road would be constructed by others as
part of a separate project. However, per our response dated May 3, 2023, this
infrastructure must either be authorized separately prior to your submittal or included in
your proposal.
Our most recent correspondence also included a 30-day response requirement,
and to date we have not received the additional information necessary to proceed with
your request; therefore, we now consider your application withdrawn. In order to allow
us to process a DA authorization request, please re -submit the Application and relevant
attachments per our requirements.

- 2 -
If you have any questions, please contact me at [phone], or via email at
David. E. Bailey2(a)usace.army. m il.
Sincerely,
David E. Bailey, Regulatory Project Manager
Raleigh Regulatory Field Office
Copy Furnished Electronically with attachments:
Ms. Sue Homewood
North Carolina Division of Water Resources
sue. homewood(a)ncdenr.gov
Mr. Hunter Wines
Timmons Group
hunter.wines(a)timmons.com

Bailey, David E CIV USARMY CESAW (USA)
From: Bailey, David E CIV USARMY CESAW (USA)
Sent: Tuesday, March 14, 2023 5:46 PM
To: [e-mail]; Mark Williams
Cc: Homewood, Sue
Subject: Request for Additional Information: SAW-2020-00234 (Luck Stone / Sanford Quarry / Lee County)
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.
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;
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: [phone]
Email: [e-mail]

Bailey, David E CIV USARMY CESAW (USA)
From: Bailey, David E CIV USARMY CESAW (USA)
Sent: Wednesday, May 3, 2023 3:29 PM
To: Hunter Wines; Mark Williams
Cc: Homewood, Sue; Matt Neely; Rick Baker; Clint Zimmerman
Subject: Request for Additional Information: SAW-2020-00234 (Luck Stone / Sanford Quarry / Lee County)
0
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: [phone]
Email: [e-mail]
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 <[e-mail]>
Sent: Tuesday, April 18, 2023 2:46 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Mark Williams
<[e-mail]>
Cc: Homewood, Sue <[e-mail]>; Matt Neely <[e-mail]>; Rick Baker
<[e-mail]>; Clint Zimmerman <[e-mail]>
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: [phone]
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)<[e-mail]>
Sent: Tuesday, March 14, 2023 5:46 PM
To: Hunter Wines <[e-mail]>; Mark Williams <[e-mail]>
Cc: Homewood, Sue <[e-mail]>
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
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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)