19950991 Ver 2_Public Notice_20231213

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: December 13, 2023
Comment Deadline: January 12, 2024
Corps Action ID Number: SAW-2020-00807
The Wilmington District, Corps of Engineers (Corps) received an application on
November 28, 2023, from Vulcan Materials Company seeking Department of the Army
authorization to discharge fill material into 0.12 acre of wetlands and 0.41 acre (4,168
linear feet) of stream, associated with the expansion of the existing quarry pit and
overburden storage area at Vulcan's Rockingham Granite Quarry located at 353
Galestown Road in Rockingham, Richmond 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:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Tony Johnson
Vulcan Materials Company
11020 David Taylor Drive, Suite 400
Charlotte, North Carolina, 28262
AGENT (if applicable): JC Weaver
Civil & Environmental Consultants, Inc.
3701 Arco Corporation Drive, Suite 400
Charlotte, North Carolina, 28273
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:
❑x 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)
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Location
Location Description: The proposed project site is located at 353 Galestown Road, in
Rockingham, North Carolina, 28379. The review area is within the applicant -owned
property adjacent to the existing quarry and is composed of a portion of Parcel ID
Number 745304723177, totaling approximately 210 acres in Richmond County, North
Carolina. The general project location is in the northeast quadrant of the intersection of
US Highway 74 and Galestown Road, approximately 2 miles east of Rockingham as
depicted in Figure 1.
Project Area (acres): 210
Nearest Town: Rockingham
Nearest Waterway: Hitchcock Creek
River Basin: Pee Dee; Hydrologic Unit Code (HUC) 03040201
Latitude and Longitude: 34.944397 N,-79.808339 W
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Existing Site Conditions
Current land use within the permitted quarry boundary is commercial and industrial.
Facilities and areas within the permitted quarry boundary include an existing quarry pit,
asphalt plant, overburden and disposal fill area, processing plant/stockpile area, a
mixed -use area (that includes an employee building, stockpile area, laboratory,
stormwater pond, maintenance facility, and fuel tanks), the current quarry pit and
overburden storage area. Land use adjacent to the Quarry is a mixture of undeveloped
lands and residential structures. Major transportation routes include US Highway 74, US
Highway 1, and various county roads (e.g., Zion Church Road).
The proposed site is 210 acres which has been cleared within the last 2 years. Portions
of the property have a mixed hardwood/pine forest vegetation comprised primarily of
river birch (Betula nigra), red maple (Acer rubrum) black willow (Salix nigra), sweet gum
(Liquidambar styraciflua), loblolly pine (Pinus taeda), and American beech (Fagus
grandifolia). The shrub and herb understory is composed of smooth alder (Alnus
serrulata), alligator weed (Alternanthera philoxeroides), tufted knotweed (Polygonum
cespitosum), buttonweed (Diodia virginiana), soft rush (Juncus effusus), sweet gum
(Liquidambar styraciflua), American beech (Fagus grandifolia), and American Holly (Ilex
opaca). The onsite soils are comprised of Ailey loamy sand and Pacolet gravelly sandy
loam soils.
The project site is located in the Pee Dee River Basin, HUC 03040201. There are 3
wetlands and 6 perennial and intermittent streams onsite with those unnamed tributaries
flowing into Hitchcock Creek, which flows directly into the Pee Dee River, a Traditionally
Navigable Water.
The Rockingham Quarry previously has received permits from the Corps. In 1993 and
1995, the Corps authorized the use of Nationwide Permit 26 for 1.03 acres of wetland
impacts (Action ID: SAW-1993-02654) and 1.58 acres of wetland impacts (Action ID:
SAW-1995-02484) respectively, for quarry expansion and the relocation of State Route
1117 for quarry operations. In 2002, the Corps authorized the use of Nationwide Permit
18 (Action ID: SAW-2201-01048) for 0.07 acre of wetland impacts for the expansion of
an existing road crossing at the quarry entrance. A Standard Permit for pit expansion
and haul road improvement was issued in 2016 (Action ID SAW-2015-02083) for 0.88
acre of wetland impacts and 2,557 linear feet of stream impacts. This Standard Permit
was modified in 2020 for an additional 0.027 acre of wetland impacts.
Applicant's Stated Purpose
The purpose of the proposed project as stated by the applicant is to expand Vulcan's
mining capabilities at the Rockingham Quarry, improve overall quarry optimization, and
increase aggregate production processes. The applicant states that the proposed action
is needed to meet the continued and growing local and regional demand for high quality
construction aggregate products and materials currently produced at the Quarry. An
increase in aggregate production would also allow Vulcan to continue to manufacture
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and supply the local market with in -demand materials and increase the percentage of
aggregate products that are produced and supplied within the United States.
Project Description
Vulcan Materials Company proposes to expand their existing aggregate quarry mine
and overburden storage area at the Rockingham Quarry. The Proposed Action includes
the removal and relocation of an estimated four 4 million cubic yards (CY) of overburden
and waste material to be stored and transported on roads within the permitted quarry
boundary (Figure 2). The applicant is proposing to permanently impact approximately
0.41 acre (4,168 linear feet) of perennial streams and 0.12 acre of palustrine forested
wetland.
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Figure 2
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Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: Vulcan would employ best management
practices to minimize potential impacts to waters of the U.S. (WOTUS)
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: There are no active mitigation banks with
available credits to purchase in the primary service area. Utilization of the NC Division
of Mitigation Services In -Lieu Fee Program is also not an option due to the lack of
available credits. Wetland and stream mitigation for this project would be achieved
through a Permittee Responsible Mitigation (PRM) site within the same HUC as the
proposed project impacts. Expected to be proposed for authorization under Nationwide
Permit (NWP) 27 in the coming weeks, the proposed PRM Turkey Mitigation Site
(Action ID: SAW-2023-00121) located in Anson County, North Carolina would involve
the restoration of a historically degraded stream system, providing ecological uplift to
existing North Carolina Stream Assessment Method (NCSAM) low quality scoring
streams, North Carolina Wetland Assessment Method low quality scoring wetlands, and
riparian buffer. Wetlands and streams permanently impacted at the TIAA Property
would be replaced at a 2:1 ratio at the Turkey Mitigation Site.
Essential Fish Habitat (EFH)
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
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:
® No resources listed in or eligible for inclusion in the National Register of Historic
Places are known to be present in the vicinity of the proposed work; however, the
permit area has not been formally surveyed for the presence of cultural
resources. Additional work may be necessary to identify and assess any cultural
resources that may be present. This notice serves as a request to SHPO, THPO,
and/or other interested parties to provide any information they may have
regarding historic properties.
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
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consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified 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:
® For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
® By copy of this public notice, the Corps initiates consultation under Section
7 of the ESA and will not make a permit decision until the consultation
process is complete.
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 at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
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 should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
10[a]DIT 1:ZOTZTIVR1[eli=_
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
,a
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(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (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).
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 11988), 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
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shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will 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, January 11, 2024. Comments should
be submitted to Richard G. Harmon, Raleigh Regulatory Field Office, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, North Carolina 27587, or via email at
Richard. [e-mail]1. The Corps Project Manager can be contacted at
[phone]. Comments may also be submitted to [e-mail].
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