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Home My WebLink About19950991 Ver 2_Public Notice Comments_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 Corps Action ID# SAW-2020-00807 DWR# 19950991v2 Richmond County Dicky Harmon U.S. Army Corps of Engineers Raleigh Regulatory Field Office Delivered via email to: Richard.G.Harmon@usace.army.mil Subject Project: Vulcan Materials Rockingham Quarry Expansion Dear Mr. Harmon: On behalf of the NC Division of Water Resources, we respectfully request that you consider the following comments within your review of the 404 Individual Permit request for the above referenced project: 1. The applicant has stated that the purpose of the project is to expand mining at the existing Rockingham Quarry facility. The Division requests that you consider whether this purpose has been so narrowly defined as to preclude a thorough alternatives analysis. Alternative #3 appears to meet the screening criteria established by the applicant. The applicant indicates it was eliminated because availability of the land is unknown. The Division requests that you consider whether elimination of this alternative meets the required federal evaluation process. 3. Alternative #4 appears to meet the screening criteria established by the applicant, and the applicant's acknowledgement that the property is currently within the permitted mine area indicates that it has been determined to be viable despite the location. The applicant appears to have eliminated this alternative for location, although it is within the screening criteria of 1 mile radius of the existing mine. The applicant also indicates that it was eliminated due to the need to use public roads to move materials, however the applicant clearly states in their screening criteria that the alternatives are not required to be within the permitted mine boundary but rather travel distances should be minimal, which appears to indicate that use of public roads is an acceptable condition. 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 Martin Marietta DWR# 20220241 Request for Additional Information Page 2 of 3 4. The applicant indicates that additional potential alternative sites were considered by were dismissed because they did not meet the purpose and need or determined infeasible, however they do not provide any details related to this decision. Given the restrictive nature of the applicant's stated purpose and need and siting criteria that is not sufficiently supported with details or data, the Division requests that you consider whether dismissal of these alternatives is premature. The applicant appears to have used the "Undetermined" category within the alternatives comparison table as a negative factor for some alternatives. The Division requests that you consider whether comparing unknown information on some sites with known information on the preferred site meets the required federal evaluation process. 6. The alternative comparison table provided does not equally compare the sites. For example: The applicant compares impacts to streams and wetlands after avoidance and minimization for the preferred alternative, with total features within the property for all other alternatives. It should be noted that if total jurisdictional features on each site were considered the preferred alternative site would have a very different result for this criterion. b. The applicant compares site specific data collected during onsite surveys for natural and cultural resources on the preferred alternative site with a desktop analysis of available data for all other sites. c. The comparison for Transportation indicates that existing transportation routes and infrastructure would be utilized for Alternative 2 and Alternative 3 however they are given a different "score". This appear to indicate a difference in this criterion despite the text indicating that this criterion is the same for both alternatives. We recognize that the applicant should not be expected to conduct thorough field verified analyses for all alternatives, but recommend that for an appropriate comparison, they modify the comparison table to use the same level of detail and information for all alternatives. 7. The applicant has proposed Permittee Responsible Mitigation (PRM) but has not provided any specific information within this application. The Division recommends that a full and thorough review of the Turkey Mitigation Site and legal documentation to ensure that mitigation will be successfully fulfilled be conducted in accordance with federal regulations prior to authorization of impacts under Section 404. 8. The Division is unable to complete a review of the project for compliance with 15A NCAC 02H .0506 at this time. The Division has requested additional technical information from the applicant and requests that the USACE also consider the attached letter during the review of the application. �� 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 0—p Mo Emimnmen quay DocuSign Envelope ID: C3C0129E-0339-43A8-9E82-02ADE5F3FDB0 Martin Marietta DWR# 20220241 Request for Additional Information Page 3 of 3 Thank you for your considering the Division's comments during your review of this Individual Permit. If you have any questions, please contact Sue Homewood at 336-813-1863 or sue.homewood@deq.nc.gov. Sincerely, IS DocuSigned by: ftp�u, bass 980C5097DWE4E9... Stephanie Goss, Supervisor 401 & Buffer Permitting Unit Electronic cc: JC Weaver, Civil & Environmental Consultants Inc. Gabriela Garrison, NCWRC DWR 401 & Buffer Permitting Branch file Filename: 19950991v2 Vulcan Rockingham Quarry Exp - Richmond - PN comments to USACEdocx.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 DocuSign 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