HomeMy WebLinkAbout20140727 Ver 1_Public Notice_20150828Burdette, Jennifer a
From: Thames, Joyce A SAW <Joyce.A.Thames @usace.army.mil>
Sent: Friday, August 28, 2015 2:15 PM
To: Shaeffer, David L SAW
Cc: Collins, Jocelyn G SAW; Porter, Elizabeth D SAW; Thames, Joyce A SAW
Subject: US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that Wilmington District, United States Army Corps
of Engineers has issued a Public Notice. The text of this document can be found on the
Public Notices portion of the Regulatory Division Home Page. Each Public Notice is available
in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http: / /www.saw.usace.armv.mil/ Missions /RegulatorvPermitProgram.aspx
The current notice involves:
Corps Action ID #: SAW- 2014 -01246
Issue Date: 28 AUGUST 2015
Applicant: Hanson Aggregates Southeast, LLC
Project Name: Hanson Crabtree Quarry Expansion
Expiration Date: 28 September 2015
Point of Contact: David Shaeffer
Project Description: The Raleigh Regulatory Field Office, Corps of Engineers (Corps)
received an application from Mr. lack Garvey of Hanson Aggregates Southeast, LLC seeking
Department of the Army authorization to mechanically landclear and discharge fill material
into 2,523 linear feet of jurisdictional streams and 0.04 acre of jurisdictional wetlands,
associated with the Crabtree Quarry Expansion, in Raleigh, in Wake County, North Carolina.
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(919).554-4884 21
Classification: UNCLASSIFIED
Caveats: NONE
1
Issue Date: August 28, 2015
Comment Deadline: September 28, 2015
Corps Action ID Number: SAW-2014-01246
The Wilmington District, Corps of Engineers (Corps) received an application from Mr.
Jack Garvey of Hanson Aggregates Southeast, LLC seeking Department of the Army
authorization to mechanically landclear and discharge fill material into 2,523 linear feet
of jurisdictional streams and 0.04 acre of jurisdictional wetlands, associated with the
Crabtree Quarry Expansion, in Raleigh, in Wake County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
htto://www.saw.usace.an-nv.TniI/Missions/Rep,ulatorvPennitPro�rain.asox
Applicant: Hanson Aggregates Southeast, LLC
Attn: Mr. Jack Garvey
2101 Gateway Centre Blvd., Suite 100
Morrisville, North Carolina 27560
Agent: Soil & Environmental Consultants, PA (S&EC)
Attn: Mr. Bob Zarzecki
8412 Falls of Neuse Road, Suite 104
Raleigh, North Carolina 27614
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
Fq Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Version 7.8.2014 Page 1
Location
Directions to Site: The existing Crabtree Quarry is located at 5 100 Duraleigh Road, in
Raleigh, in Wake County, NC. From the intersection of the 1-440/Beltline and US-
70/Glenwood Ave., travel northwest on Glenwood Ave. for 3 miles, turn left (south) onto
Durleigh Rd., travel south for I mile, and the quarry entrance will be on the right (west).
Project Area (acres): 197.37 Nearest Town: Raleigh
Nearest Waterway: Crabtree Creek River Basin: Neuse(03020201)
Latitude and Longitude: 35.8474N, -78.7146W
Existing Site Conditions
The Hanson Crabtree Quarry Expansion site is located in the piedmont physiographic
region of North Carolina. Mining operations at the quarry began in 1949 and have
remained active through the present. The project area encompasses 197 acres of land. The
existing developed portions of the property include the existing 40-acre pit, quarry office,
stockyard, crusher facility, maintenance facilities, and stormwater management
infrastructure. The undeveloped portions of the property include mixed hardwood and
pine forests and recently cleared land. The water resources on the property include:
Crabtree Creek, Richlands Creek, unnamed tributary streams, and wetlands. Elevations
on the site range from a low (not including the pit) of 224 feet above Mean Sea Level
(MSL) along Crabtree Creek near Duraleigh Road, to a high of approximately 384 feet
MSL at the quarry office. The Soil Survey of Wake County, North Carolina (USDA,
1970) shows the project area as being underlain by Cecil sandy loam, Cecil gravelly
sandy loam, Wake soils, and Chewacla soils. The hydrologic regime is predominately
driven by uncontrolled off site stormwater runoff from residential and commercial
developments north of the project area. Some of the 1 s order tributary streams originating
on the property are connected to groundwater seeps/springs. The riparian areas along the
tributary streams are dominated by various oak (Quercus spp.) and hickory (Carya spp.)
species, Loblolly Pine (Pinus taeda), American Beach (Fagus grandifolia), American
hornbeam (Carpinus caroliniana), Red Maple (Ater rubrum), and Tulip Poplar
(Liriodendron tulipifera). The understory vegetation includes Christmas Fern
(Polystichum acrostichoides), Japanese Stiltgrass (Microstegium vimineum), Poison Ivy
(Toxicodendron radicans) and various other species common to the area. The bluffs
along Crabtree Creek and Richlands Creek include a diverse vegetated community, to
include an area with Catawba Rhododendron (Rhododendron catawbiense). These areas
are not included within the proposed expansion area and have been protected under a
conservation easement, greenway easement or property donation to the City.
Applicant's Stated Purpose
The applicant's stated purpose is to expand the existing pit to allow for mining operations
to continue through either February 4, 2052, or the removal of 30 million tons of
Version 7.8.2014 Page 2
aggregate (whichever comes first). These are the maximum cessation date and reserve
thresholds allow for under a settlement agreement with the City of Raleigh. Without the
pit expansion, the quarry would only have enough reserves for approximately three more
years and would be forced to close around 2019.
Project Description
The project would expand the existing pit to the north and would result in the
construction of the Northern Boundary Berm, which would be a permanent overburden
storage area. This berm would also be landscaped to provide a visual, noise and vibration
barrier buffer between the pit and existing residential developments to the north. These
planned expansion activities would impact a total of 2,523 linear feet of headwater
streams. Of the proposed stream channel impacts, 1,126 linear feet would be piped under
the proposed Northern Boundary Berm, 1,190 linear feet would be excavated for the
proposed pit expansion, and 207 linear feet would be temporarily impacted as transition
areas. In addition, 0.04 acre of wetlands would be impacted by the applicant's preferred
alternative. The applicant provided five (5) alternative mining options in their permit
submittal, including an off-site ("no action") alternative. The applicant's preferred
alternative involves the expansion of the existing 40-acre pit to approximately 60-acres.
The applicant's preferred alternative incorporates a "Conceptual Stream Relocation
Plan" which would relocate approximately 950 linear feet of the 2,523 linear feet of the
proposed stream impacts around the pit using natural channel design techniques. The
applicant's preferred alternative would allow the mine to continue operations through
approximately the cessation date.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: While the applicant's preferred alternative
plan would directly impact more jurisdictional streams and wetlands than three of the
other alternatives provided (Alternatives 1, 2, & 3), the plan was reduced in scope to
avoid a I st order stream ("Stream No. 7", approximately 430 linear feet long). The plan
would also avoid all impacts to Crabtree Creek and Richlands Creek, and other tributary
streams and wetlands located south of Crabtree Creek, all located on properties owned by
Hanson and within the existing mine permit boundary. The "Conceptual Stream
Relocation Plan", described above, would also minimize the total length of stream loss by
relocating 950 feet of stream using natural channel design techniques. The end result of
these avoidance and minimization efforts would be a cumulative "loss" of 1,366 feet of
tributary streams of the 2,316 feet of permanent impact.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: Since there is currently, no active mitigation
bank within HUC 03020201, the applicant proposes mitigation for all permanent impacts
via the purchase of stream mitigation credits from the North Carolina Division of
Version 7.8.2014 Page 3
Mitigation Services (DMS) (formerly the Ecosystem Enhancement Program (EEP)). The
applicant provided supporting documentation in a letter dated July 21, 2015, from DMS,
that they are willing to accept compensatory mitigation payment for up to 2,316 linear
feet of stream impacts within the Neuse River Basin (03020201).
Essential Fish Habitat
Pursuant to the Magnuson - Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination, given the location of the project within the piedmont region
of North Carolina and the potential for anadromous fish to access the larger streams in
the Neuse Basin, there is potential that the project may affect EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service. This is noted as Crabtree Creek drains into the Neuse
River below the Milburnie Dam, where anadromous fish populations are known to occur.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
F-1 Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no T)otential to
cause an effect to an historic properties.
Z No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
F-1 Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
Version 7.8.2014 Page 4
F-I The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
Z The Corps determines that the proposed project "may affect, but is not likely to
adversely affect" federally listed endangered or threatened species or their
formally designated critical habitat. The determination was made as the project is
located within Wake County, where according to the U.S. Fish and Wildlife
Service (FWS) there are documented occurrences of Northern Long-eared Bat
(NLEB) (Myotis Septentrionalis). The project involves the clearing of hardwood
forest (potential habitat for the NLEB); however, much of the project area was
cleared prior to NLEB listing. The only remaining hardwood areas within the
project area exist in the streamside management zones (SMZs) along the stream
channels. Also, the clearing is anticipated to occur outside of the pup season (June
I st to July 31 s'), pending the final outcome of the permit approval. The Corps
initiates consultation under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete. The project is not anticipated
to affect any other Federally listed species.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Version 7.8.2014 Page 5
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by September 21, 2015 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
M
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
F-I The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt,, concurrence or
objection from the NCDCM.
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Version 7.8.2014 Page 6
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 1198 8), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, September 28, 2015. Comments should
be submitted to David Shaeffer, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at ( 919)
554-4884, Extension 31.
MIMMMIM� -
Version 7.8.2014 Page 7
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IMPACT EXHIBIT
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PROPOSED STREAM ,
RELOCATION (PHASE 2),
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v�MPACT
EXHIBIT 4
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% 11////// i °
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1(i(� / /�� TEMPORARY IMPACTS
HANSON CRABTREE QUARRY EXPANSION - OVERALL IMPACT EXHIBIT SCALE:
HANSON CRABTREE QUARRY STREAM RELOCATION
STREAM
0.33AC/1 1 26LF
0.25AC/1 1 90LF
0.58AC/2316LF
0.06AC /207LF
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1 " = 500'
RALEIGH, NC PROJECT: R14126N -01 G
a Draper Aden Associates DESIGNED APM IMPACT
Engineering • Surveying • Environmental Services DRAWN A P M
46 W. Washington Street Blacksburg, VA CHECKED CTC J R EXHIBIT
Richmond, VA DATE 6.12.15 1
Coats, NC 27521 Firm # C -0861 Charlottesville, VA
910 - 897 -7070 Fax: 910 - 897 -6767 Hampton Roads, VA
Hanson Crabtree Quarry Expansion - Page 100 of 318
i
TOE OF NORTHERN
BOUNDARY BERM
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TOE OF NORTHERN
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TOP OF NORTHERN- �/ / / / / It
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TEMPORARY IMPACTS j
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HANSON CRABTREE QUARRY STREAM RELOCATION
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DESIGNED APM
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Hanson Crabtree Quarry Expansion - Page 101 of 318
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IV,, Richmond, VA
46 W. Washington Street Charlottesville, VA Page 102 of 318
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° Coats, NC 27521 Firm 897.6767 Hanson Crabtree Quarry
910 - 897-7070 Fax:
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RESHAPING -
S5 -S8 IMPACTS (PHASE 2) SCALE: 1" = 100,
HANSON CRABTREE QUARRY STREAM RELOCATION
RALEIGH, NC PROJECT: R14126N -01 G
a Draper Aden Associates
Engineering • Surveying . Environmental Services
46 W. Washington Street Blacksburg, VA
Coats, NC 27521 Firm # C -0861 Richmond, VA
Charlottesville, VA
910 - 897 -7070 Fax: 910 - 897 -6767 Hampton Roads, VA
DESIGNED APM IMPACT
DRAWN APM EXHIBIT
CHECKED CTCJR
DATE 6.12.15 4
Hanson Crabtree Quarry Expansion - Page 103 of 318
7
glm
"r
Mfwl
IIIIIII
\
,LIMITS OF (PHASE
1) PIT BOUNDARY
I(S6 IMPACT PHASE 2) '
) 0.10 ACRES
/ 543 LF
PERMANENT EXCAVATION
IMPACTS v _
/ S7 IMPACT (PHASE 2)
,, 0.13 ACRES
i 510 LF
'PERMANENT EXCAVATION
i
'IMPACTS
I �_ e - �- 7. -- ■
r / 0.03 ACRES
i' 116 LF
Ou•� t mfr ' -'?-
—TEMPORARY IMPACTS FROM
RESHAPING -
S5 -S8 IMPACTS (PHASE 2) SCALE: 1" = 100,
HANSON CRABTREE QUARRY STREAM RELOCATION
RALEIGH, NC PROJECT: R14126N -01 G
a Draper Aden Associates
Engineering • Surveying . Environmental Services
46 W. Washington Street Blacksburg, VA
Coats, NC 27521 Firm # C -0861 Richmond, VA
Charlottesville, VA
910 - 897 -7070 Fax: 910 - 897 -6767 Hampton Roads, VA
DESIGNED APM IMPACT
DRAWN APM EXHIBIT
CHECKED CTCJR
DATE 6.12.15 4
Hanson Crabtree Quarry Expansion - Page 103 of 318