HomeMy WebLinkAbout20020408 Ver 2_Public Notice_20151007Burdette, Jennifer a
From: Spencer, Thekla M SAW <Thekla.M.Spencer @usace.army.mil>
Sent: Wednesday, October 07, 2015 11:37 AM
Subject: US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that the Wilmington District, United States 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.aslox.
The current notice involves:
Corps Action ID #: SAW- 2015 -02083
Issue Date: October 6, 2015
Applicant: Vulcan Lands, Inc. Attn: Mr. Tony Johnson, Jr.
Expiration Date: November 5, 2015
Point of Contact: Ms. Liz Hair, Regulatory Project Manager
Project Description: The Wilmington District, Corps of Engineers (Corps) received an application from Vulcan Materials
Company- Rockingham Quarry seeking Department of the Army authorization to discharge dredged or fill material into
waters of the U.S., associated with the expansion of an existing mining operation in Richmond County, North Carolina.
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory
program public notices. Please email <mailto: Cindy .M.Corbettausace.armv.mil> with the subject or message
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Classification: UNCLASSIFIED
Caveats: NONE
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 6, 2015
Comment Deadline: November 5, 2015
Corps Action ID Number: SAW- 2015 -02083
The Wilmington District, Corps of Engineers (Corps) received an application from
Vulcan Materials Company - Rockingham Quarry seeking Department of the Army
authorization to discharge dredged or fill material into waters of the U.S., associated with
the expansion of an existing mining operation in 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:
htt ) : / /www.saw.usace.armv.mil/ Missions /Re2ulatorvPermitPro2rwn.asnx
Applicant:
AGENT (if applicable):
Authority
Vulcan Lands, Inc.
Attn: Mr. Tony Johnson, Jr.
Mr. Richard W. Roper
1200 Urban Center Drive
Birmingham, Alabama 35242
A Fine Line Design
Attn: Mr. Craig R. Wyant
Post Office Box 163
High Shoals, North Carolina 28077
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:
® 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 project site is located at the existing Vulcan Materials Quarry and
is southwest of the City of Rockingham, in the northeast corner of U.S. 74 Bypass and
SR 117 (Galestown Road). From US 14 Bypass south of Rockingham, take the Cordova
exit (Highway 1117/1109) and turn left. Cross over the bridge and take the first right into
the Vulcan Materials Company Rockingham Quarry.
Project Area (acres): 1,500 acres
Nearest Waterway: Hitchcock Creek
Latitude and Longitude: 34.9368 N, - 78.8162 W
Existing Site Conditions
Nearest Town: Rockingham
River Basin: Yadkin -Pee Dee
The proposed project site is situated on approximately 1,500 acres, to the north of US
Highway 74 to east, southeast of the Galestown Road, located to the southwest of
Rockingham, in Richmond County, North Carolina.
Existing land use in the project corridor consists primarily of rural residential, forested,
and agricultural lands. The entire site is an ongoing hard rock quarry operation. Portions
of the operation include quarry pit, crushed stone processing areas, stockpile, overburden
storage areas, fresh water ponds for dust control and processing, roads, parking buildings,
railway spur, forested areas used for timber harvest, and natural areas that serve as
buffers to surrounding land.
This project lies within Richmond County, which is situated on the physiographic
boundary of the Coastal Plain and the Piedmont, in the Pee Dee River Basin (Hydrologic
Unit Code 03040201). Terrestrial upland communities in the project study area are
represented by four major community types: maintained/disturbed, mesic mixed
hardwood forest, dry mesic oak- hickory forest, and pine plantation. The delineated
wetland community types located within the project study area include: headwater
forests, wet seeps, and bottomland hardwood forests.
Stream channels within the project study area are classified by the NC Division of Water
Resources (DWR) as Class C waters. Jurisdictional features within the Vulcan Mine
Rockingham Quarry project study area that will be impacted include two unnamed
tributaries (UT's) to Hitchcock Creek, one pond, and two riparian wetlands.
There are no designated Outstanding Resource Waters (ORW), Water Supply (I or II)
waters, or waters listed on the 2012 303(d) Final List of Impaired Waters within the
project study area.
Version 7.8.2014 Page 2
Applicant's Stated Purpose
This project is necessary to expand the quarry pit and associated improvements for
ongoing and continued operation. In order to extract the underlying hard rock, an amount
of overburden material must be removed and stockpiled to a designated area on site. To
accomplish this on -site, an existing undersized crossing will be replaced with a new
crossing designed to allow the safe passing of vehicles hauling the overburden. The
storage area for overburden is at its maximum capacity and must be increased in size to
accommodate the new overburden being generated by the pit expansion.
Project Description
The proposed quarry expansion consists of pit expansion, internal haul road improvement
(i.e., replacing an outdated and undersized crossing with a new crossing in the same
approximate location), and expanding the existing overburden storage area to
accommodate new overburden generated by the pit expansion. Proposed impacts to
jurisdictional waters of the U.S. include 2,557 linear feet of stream channel, 0.88 acre of
wetland (2,422 linear feet of stream and 0.85 acre wetland for the overburden expansion
area, and 135 linear feet of stream channel and 0.03 acre wetland impacted for roadway
expansion which leads to the overburden storage area), and 0.71 acre of open water
associated with expanding the haul road and replacing the existing crossing with twin
200 -foot by 84 -inch diameter culverts.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The applicant proposes to avoid and
minimize impacts to the greatest extent practicable in Phase One by replacing an existing
road crossing on the upstream side so that open waters of an incidental man-made pond
will be impacted rather than on the downstream side which would impact the forested
wetland portion of a beaver pond. The best available and practicable methods will be
utilized for erosion and sedimentation control for pit expansion, road crossing
construction, and overburden storage area expansion to protect downstream aquatic
resources. Impacts to streams and wetlands will be avoided with the exception of those
specifically authorized. Future proposed phases will be designed to avoid and minimize
impacts to the maximum extent practicable.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant proposes to provide
compensatory mitigation for unavoidable permanent impacts to 2, 557 linear feet of
stream channel and 0.88 acre riparian wetland at a 2:1 ratio and 0.71 acre of non - riparian
Version 7.8.2014 Page 3
wetland at a 1:1 ratio through payment into the North Carolina Division of Mitigation
Services (DMS) in lieu fee program.
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 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:
❑ 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 potential to
cause an effect to an historic properties.
❑ 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).
❑ 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).
® 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
Version 7.8.2014 Page 4
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.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat. The
Corps initiates consultation under Section 7 of the ESA and will not make a
permit decision until the consultation process is complete.
❑ 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.
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 NC DWR 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
Version 7.8.2014 Page 5
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 October 30, 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
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ 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).
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
Version 7.8.2014 Page 6
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, November 5, 2015. Comments should
be submitted to Ms. Liz Hair, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina 28403, phone number: (910) 251 -4049.
Version 7.8.2014 Page 7
Site Aerial Photo - Area O -1
(2013 - Google Images)
VMC Rockingham Quarry
Richmond County, NC
NORTH
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Site Aerial Photo - Area S -1 & W -1
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(2013 - Google Images)
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5 Year Plan.dwg
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