20020408 Ver 2_More Info Received_20151214

Strickland, Bev
From:Higgins, Karen
Sent:Monday, December 14, 2015 1:18 PM
To:Strickland, Bev
Subject:FW: DWR#02-0408-v2 Vulcan Lands, Inc. response to request for additional
information
Attachments:Karen Higgins Response 12-11-15.pdf; SKM_C224e15111611480.pdf; 001 EEP
letter.pdf; Rockingham Alternatives Analysis 11x17 b-w 15-1212.pdf; Rockingham
Alternatives Analysis 11x17 color 15-1212.pdf
For 02-0408 v2.

--

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

From: Craig R. Wyant \[mailto:[e-mail]\]
Sent: Sunday, December 13, 2015 6:22 PM
To: Higgins, Karen <[e-mail]>; Burdette, Jennifer a <[e-mail]>; Turlington, Chad
<[e-mail]>; Hair, Sarah E SAW <[e-mail]>
Cc: 'Tony Johnson' <[e-mail]>; 'Scott, Christopher' <[e-mail]>; 'Tom Foley'
<[e-mail]>
Subject: DWR#02-0408-v2 Vulcan Lands, Inc. response to request for additional information

Ms. Higgins

Please find attached a response to your request for additional information dated November 16, 2015 for the VMC
Rockingham Quarry in Richmond County, NC.
Three hard copies of the requested information have been sent to your office for delivery prior to December 16, 2015.
Please do not hesitate to contact me if there is any way in which I can be of further assistance to you.

Respectfully,
Craig

--

Craig R. Wyant RLA/SWS

A Fine Line Design
Post Office Box 163
High Shoals, NC 28077
704-240-0793

[e-mail]
1

A��
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Division of Mitigation Services
September 9, 2015
Tony Johnson
Vulcan Materials Company
11020 David Taylor Drive Suite 105
Charlotte, NC 28262
Project: VMC Rockingham Quarry Expansion
Donald R. van der Vaart
Secretary
Expiration of Acceptance: March 9, 2016
County: Richmond
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
River Basin
CU
Stream (feet) Wetlands (acres) Buffer I
Buffer II
Location
S
( q. Ft-)
(Sq. Ft.)
Cold
Cool
I Warm Riparian Non -Riparian
I Coastal Marsh
Yadkin
03040201
0
0
2,557 0.88 0.071 *
0 0
0
Im act
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. In accordance with the directive from the February 8,
2011 IRT meeting, non -riparian wetland impacts located in the mountains and piedmont areas of North Carolina will be accepted as
requested, but mitigated utilizing riparian wetland mitigation credits.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
Sincerely,
slll�w
JamesQ Stanfill
Asset Management Supervisor
cc: Liz Hair, USACE- Wilmington
Craig Wyant, agent
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] Internet: www.nceep.net
An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper

D E S I G N
December 11, 2015
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh NC 27699-1617
RE: Request for Additional Information, Vulcan Lands, Inc. DWR# 02-0408 v2
Ms. Higgins
In response to your letter dated November 16, 2015 requesting additional information for the Vulcan
Materials Company Rockingham Quarry Expansion Project in Richmond County, NC, please find
attached the requested information regarding project avoidance and minimization and mitigation for
impacts. Three copies of the requested documents are attached.
As indicated in your letter,
1. Please provide more details regarding avoidance and minimization of stream impacts for this
project. (15A NCAC 2H .0506(f) and (g)].
• This Office believes that the overburden storage area can be reconfigured to minimize the impacts
to the stream by constructing road crossings for access to utilize all available upland areas of the property.
Please revise the plans to minimize the impacts or provide a detailed explanation of why this plan for the
activity cannot be practically accomplished, reduced or reconfigured to minimize impacts to the stream.
As requested, we reconfigured the overburden fill design to only utilize the available upland
areas of the property; this is shown on the exhibits titles, "5 Year Plan — Alternatives Analysis — Plan
View" and "5 Year Plan — Alternatives Analysis — Profile View".
In plan view there appears to be plenty of room for storage. In reality, the site is comprised of
ridges and stream valleys and is not flat. As such, if the fill only occurs on ridges with side slopes, much
less volume can be stored. The sides of the storage cannot be vertical, they must be gentle slopes to
prevent slope failure. Also, considerable area is occupied by erosion and sediment control structures at
the toe of all slopes as required by the State of North Carolina. As such, this area cannot be used to
accommodate fill volume.
Without impacting Stream HS:S4 or Stream RLS:P5 only two areas on the site are viable to
place any fill. The first area is on the south side of the existing storage area and north of Stream HS:S4.
The second area is located between Streams HS:S4 and RLS:P5. A third area exists on the east side of
Stream RLS:P5, but it is not viable because once the erosion and sediment control structures are
constructed there is no room available for material storage. The two areas shown have a storage
capacity of 4.7 million cy.

The 5 Year Plan overburden storage capacity needs are 2.4 million cubic yards (cy) for soil
overburden removed to expose the mineral and an additional 0.7 million cy for mine waste generated
each year. The total 5 Year Plan storage capacity requirement is 5.9 million cy; and the 20 Year Plan
capacity requirement is approximately 16.5 million cy. This is significant because without filling in
Stream HS:S4 the proposed plan will not even meet the needs of the 5 Year Plan. With filling Stream
HS:S4 the storage capacity needs are only met for approximately 8 or 9 years, assuming given sales
forecasts.
All of the surrounding land is either already developed into small parcels or occurs on the other
side of public roads or railroads that cannot be crossed or used for transport of material to be disposed
of. Therefore, the storage must occur on-site, within both the stream valley(s) as well as on ridges to
accommodate the needed volume.
Additionally,
2. Mitigation is required for losses of greater than 150 linear feet of stream and 1 acre of wetlands.
Please provide a mitigation plan that conforms to the requirements of 15A NCAC 02H.0500 for
2,557 linear feet of stream and .088 acre of wetlands or the amount of unavoidable impacts
remaining after addressing item #1 above. The mitigation plan may invovlve payment to a local
mitigation bank or in -lieu fee program, or on-site mitigation. (15 NCAC 02H .0506(h))
• You have indicated that you plan to restore 100 linear feet of stream on-site and make a payment to the
Division of Mitigation Services (DMS) to satisfy the amount of mitigation required, please provide
documentation from DMS indicating their willingness to accept your request to purchase stream and
wetland credits to mitigate for the proposed stream and wetland impacts listed in your application.
The acceptance letter from the NCEEP (DMS) is attached for the entire amount of mitigation
requested for the project. Vulcan Materials Company plans to pay a mitigation ratio of 2:1 for all stream
and wetlands impacts and a ratio of 1:1 for all man-made open water impacts as advised by the US
Army Corps. Vulcan Materials Company does not plan to take mitigation credit the 100 linear feet of
proposed stream restoration. This activity is only being performed as a part of the project construction to
open the waterway of Long Branch to the free passage and movement of aquatic life as a means of
benefiting the aquatic resource. The stream is presently obstructed by a collapsed and abandoned
highway culvert. Once opened, the banks will be stabilized but the stream segment will not be restored
to standards or monitored for the five-year success criteria period as would a typical stream restoration
proj ect.
Please do not hesitate to contact me if you should have any questions regarding this additional
information or if there is any way in which we can be of any further assistance to you.
Respectfully,
C—_�A
<f�)r's�—
Craig R. Wyant RLA/SWS
A Fine Line Design
P.O. Box 163
High Shoals, NC 28077
704-240-0793
crai g. wyantgcharter. net

Attachments:
CC
Mitigation Acceptance Letter from NCEEP (DMS)
Detail Plan View and Cross Section of Avoidance and Minimization Options Comparisons.
Jennifer Burdette (NCDWR)
Chad Turlington (NCDWR)
Elizabeth Hair (USACE)
Tony Johnson (Vulcan Materials Company)
Chris Scott (Vulcan Materials Company)
Tom Foley (Vulcan Materials Company)
Philip Bailey, PE (Bailey Group)

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North Carolina Department of Environmental Quality
Donald R. van der Vaart
Pat McCrory Secretary
Governor
November 16, 2015
D W R # 02-0408 v2
Richmond County
Vulcan Lands, Inc.
Attn: Mr. Tony Johnson, Jr.
1200 Urban Center Drive
Birmingham, AL 35242
Subject: REQUEST FOR ADDITIONAL INFORMATION
Vulcan Materials Company Rockingham Quarry Expansion 2015
Dear Mr. Johnson:
On September 29, 2015, the Division of Water Resources (Division) received your application
dated September 11, 2015, requesting an 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:
Please provide more details regarding avoidance and minimization of stream impacts for
this project. [15A NCAC 02H .0506(f) and (g)]
• This Office believes that the overburden storage area can be reconfigured to minimize the
impacts to the stream by constructing road crossings for access to utilize all available upland
areas of the property. Please revise the plans to minimize the impacts or provide a detailed
explanation of why this plan for the activity cannot be practically accomplished, reduced or
reconfigured to minimize impacts to the stream.
2. Mitigation is required for losses of equal to or greater than 150 linear feet of stream and 1 acre of
wetlands. Please provide a mitigation plan that conforms to the requirements of 15A NCAC 02H
.0500 for 2,557 linear feet of stream and 0.88 acres of wetlands or the amount of unavoidable
impacts remaining after addressing item #1 above. The mitigation plan may include payment to a
local mitigation bank or in -lieu fee program or on-site mitigation. [15A NCAC 02H .0506(h)]
• You have indicated that you plan to restore of 100 linear feet of stream on-site and make
a payment to the Division of Mitigation Services (DMS) to satisfy the remaining amount
of mitigation required, please provide documentation from DMS indicating their
willingness to accept your request to purchase stream and wetland credits to mitigate for
the proposed stream and wetland impacts listed in your application.
401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterResources.org
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

Vulcan Lands, Inc.
DWR# 02-0408 v2
Request for Additional Information
Page 2 of 2
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. If all of the requested information is
not received in writing within 30 calendar days of receipt of this letter, the Division will be unable
to approve the application and it will be returned. The return of this project will necessitate
reapplication to the Division for approval, including a complete application package and the
appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
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 Chad Turlington at 910-433-3320 or [e-mail] or Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
VoUM4
POJ--
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Craig R. Wyant, A Fine Line Design, P 0 Box 163, High Shoals, NC 28077
USACE Wilmington Regulatory Field Office
DWR FRO 401 file
DWR 401 & Buffer Permitting Unit file