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HomeMy WebLinkAbout19950991 Ver 2_More Info Requested_20240112DocuSign Envelope ID: C3C0129E-0339-43A8-9E82-02ADE5F3FDB0 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 12, 2024 DWR # 19950991v2 Richmond County Vulcan Materials Company Attn: Mr. Tony Johnson 11020 David Taylor Drive, Suite 400 Charlotte NC 28262 Delivered via email to: johnsonto@vmcmail.com Subject: REQUEST FOR ADDITIONAL INFORMATION Rockingham Quarry Mine Pit Expansion Dear Mr. Johnson: On December 22, 2023, the Division of Water Resources (Division) received your application requesting a 401 Individual Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. If the USACE requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. 2. The application is incomplete as it only includes the application form and an alternatives analysis. Please provide a complete application that includes: a. a detailed site design plan(s) that includes the proposed grading limits for the expanded quarry area and includes the limits of the outer most proposed disturbed area necessary to mine within the area, such as disturbances for associated activities such as access roads, berms, sediment/erosion control measures, safety features, etc.. The plans should clearly show any temporary or permanent sediment and erosion control measures or stormwater control measures. The plans should also clearly identify the limits of all stream and wetland impacts and the proposed buffer areas at a scale sufficient to clearly show all aspects of the project limits and proposed impacts. b. a complete mitigation plan which will meet the requirements of 15A NCAC 2H .0506(c). The Division understands that you propose Permittee Responsible Mitigation (PRM) at the Turkey Mitigation Site, however the application has provided no details regarding this proposal nor has that site been authorized separately. A full evaluation of the proposed mitigation plan will be required as part if your request for 401 Certification. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID: C3C0129E-0339-43A8-9E82-02ADE5F3FDB0 Rockingham Quarry Mine Pit Expansion DWR# 199509941v2 Request for Additional Information Page 2 of 3 c. Please provide documentation such as DWR Stream Identification Forms for all intermittent stream channels. Please provide a map that shows locations for any forms provided. 3. Please clarify if operation of the mine expansion will require the construction of any new haul roads that would impact any additional stream or wetland impacts. 4. Will the expansion of the mine require additional dewatering activities and if so, please explain where the water will be discharged. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon determining that the proposed activity will comply with state water quality standards which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation of water quality standards; (3) would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;" The project proposes to leave small portions of Stream Channel 4, 6, 7 and 12 beyond the footprint of the impacts, however in each case it appears that the entire watershed for these channels will be impacted and surface flow and any expected infiltration/shallow subsurface flow will be rerouted. Since surface flow and shallow subsurface flow are the two main sources of flow in headwater stream channels in the piedmont, it appears that the remaining portions of these channels will no longer have sufficient hydrology to support a functional use. Please include these portions of stream channels, including offsite portions of channels, down to an unimpacted watershed/hydrology source, as indirect impacts within the proposed application or provide a detailed hydrologic analysis/modeling to document the features will retain their existing functions. 6. The Division is concerned that indirect hydrologic impacts will also occur in adjacent wetland 2 and stream 11 as a result of mining activities. Please provide a detailed hydrologic analysis/modeling of mining activities, including pit dewatering, on the adjacent features. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 gaparNrM of Emironmanfal quay DocuSign Envelope ID: C3C0129E-0339-43A8-9E82-02ADE5F3FDB0 Rockingham Quarry Mine Pit Expansion DWR# 199509941v2 Request for Additional Information Page 3 of 3 project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Sue Homewood at 336-813-1863 or Sue.Homewood@deg.nc.gov if you have any questions or concerns. Sincerely, EDocuSigned by: ft p�(' sass 98oC5097DWE4E9_. Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: JC Weaver, Civil & Environmental Consultants Inc. Dicky Harmon, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR 401 & Buffer Permitting Branch file Filename: 19950991v2 Vulcan Rockingham Quarry Exp - Richmond - addinfo.docx REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly