20240370 Ver 1_Public Notice_20240326

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: March 26, 2024
Comment Deadline: April 25, 2024
Corps Action ID Number: SAW-2020-01319
The Wilmington District, Corps of Engineers (Corps) received an application on March
4, 2024 from Heidelberg Materials SE Agg LLC (Heidelberg Materials) seeking
Department of the Army authorization to impact 1.48 acres of wetlands, 2,152 linear feet
of stream ' and 6.17 acres of open water pond associated with the expansion of the
Neverson Quarry in Sims, Wilson 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:
hftps://www.saw.usace.army.miI/Missions/Requlatory-Permit-Program/PubIic-Notices/
Applicant: Heidelberg Materials SE Agg LLC
Ms. Mary Ann Hoerle
3825 Barrett Drive, Suite 300
Raleigh, North Carolina 27609
AGENT (if applicable): Soil & Environmental Consultants, Inc.
Mr. Bob Zarzecki
8412 Falls of Neuse Road, Suite 104
Raleigh, North Carolina 27615
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:
M Section 404 of the Clean Water Act (33 U.S.C. 1344)
El Section 10 of the Rivers and Harbors Act of 1899 (33 U -S.C. 403)
El 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 project area is located at the existing Neverson Quarry at
7225 Neverson Road in Sims, Wilson County, North Carolina
Legend
USGS The National Map, National glounderes Di 3DEP Elevation
Program, Geographic Names Information System National Hydrography
Neversor Property
Da set, National Land Cover Database, National Structures Dalaset. and
Wroral Transportation DataseL USGS Global Ecosystems; LJ S. Cens�s
Bu reau TJGER�Line data, USFSR.,,d
ff,Ka,ta,,Natura I Earth Data U.S.
Wilson County Boundary
D partment of State Humanitarian I a ti I Unit: and NOAA National
a or
13
Co'lem for Environm' nwi Information U.S. Coastal Relief Model Data
refreshed J,ne, 2020
Project Number:
Map Title:
N
13220.W6
Figure 1 - USGS Map
0 2,000 4,000
I I I I I I I I I
Project Manager:
ez
Neverson Quarry
Wilson County, NC
Feet
A
�oi &E—berannenrat Consultants, Inc.
Scale: 1 2000'
Source:
0112512024
USGS National Map
Project Area (acres): 302
Nearest Town: Sims
Nearest Waterway: Millstone Creek
River Basin: Neuse
Latitude and Longitude: 35.7615 N, -78.08160 W
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Existing Site Conditions
The quarry has been in operation since the early 1900's and has rail access leased by
the Carolina Coastal Railway along the northern portion of the property. The total
acreage within the mine permit is 302 acres with 219 acres permitted for disturbance.
The 219 acres permitted for disturbance is composed of 12 acres for ponds, 38 acres
for stockpiles, 28 acres for overburden piles, 29 acres for processing area, 75 acres for
granite excavation, and 37 acres for soil excavation. The total potential ly-j u risd i ction al
waters within the mine property include 4,556 liner feet of streams, 3.97 acres of
wetlands, and 9.72 acres of open water pond.
Applicant's Stated Purpose
The applicant has stated that the basic project purpose is to mine aggregates to meet
market demands.
The applicant has stated that the overall project purpose is to provide for the continued
operation of the existing Neverson Quarry by expanding the existing pit to provide
mined aggregates to the surrounding market area as well as the Morehead City Sales
Yard.
Project Description
Heidelberg Materials is proposing to expand their Neverson Quarry. The existing
pit is proposed to be expanded to the southwest and west, two streams would be
relocated along the property boundaries, an overburden storage pile would be
constructed in the southeastern portion of the property with an associated temporary
haul road. The quarry expansion would occur in two phases. Total impacts to
waters/wetlands proposed for both phases of this expansion project would be 1.403
acres of permanent wetlands impacts, 0.08 acres of temporary wetlands impacts, 2,040
linear feet of permanent stream impacts, 6.17ac of permanent open water (pond)
impacts, and 112 linear feet of temporary stream impacts
The first phase would relocate Stream Z along the southern most property line. Stream
Z is currently a straight trapezoidal channel that was created in the early 1990's to allow
for pit expansion during that time. This relocation would allow for the expansion of the
existing pit to the south as depicted on the attached plans. A temporary haul road would
be constructed to allow for the construction of the new overburden storage pile to the
southeast.
The second phase of the expansion project would include the relocation of Stream IF
along the western most property line and the removal of wetlands and the majority of
the open water pond to allow for pit expansion to the west. A berm would be
constructed within the upper end of the pond to maintain offsite water levels and to
allow for water from Stream IF to flow to Stream Z.
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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:
The total jurisdictional waters/wetlands within the mine property include 4,556 linear feet
of streams (not including stream B which runs along the eastern boundary), 3.97 acres
of wetlands, and 9.72 acres of open water. The applicant's proposed alternative
(Alternative 4) would avoid impacts to 2,516 linear feet of streams and create an
additional 3,276 linear feet of relocated stream channel for a net gain of 1,236 linear
feet of stream channel. The preferred alternative would avoid impacts to 1.513 acres of
wetlands and 3.55 acres of open waters. Impacts were minimized by relocating Stream
Z (existing length of 1,438 linear feet, proposed relocated length of 2,118 linear feet)
and Stream F (existing length of 602 linear feet, proposed relocated length of 1,158
linear feet) feet of stream channel.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
To compensate for the permanent impacts to streams and wetlands, 2,642 feet of
stream mitigation credits and 2.806 acres of wetland mitigation credits are proposed to
be purchased for the project. All mitigation credits will be purchased first from private
mitigation banks with available credits and any balance will be purchased from the N.C.
Division of Mitigation Services (DMS). Statement of availability letters have been
provided from EcoTerra (mitigation banker) and DIVIS for the full amount of anticipated
m itigation..
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.
N/A — No EFH present within project area.
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:
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El Should historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) be present within the Corps' permit area, the
proposed activity requiring the DA permit (the undertaking) is a type of activity
that has no potential to cause an effect to an historic property.
El No historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) are present within the Corps' permit area;
therefore, there will be no historic properties affected. The Corps subsequently
requests concurrence from the SHPO and/or THPO.
El Cultural resources that have been determined not eligible for inclusion in the
National Register of Historic Places are present within the Corps' permit area;
therefore, there will be no historic properties affected by the proposed work. The
Corps subsequently requests concurrence from the SHPO and/or THPO.
El Historic properties (i.e., properties listed in or eligible for inclusion in the National
Register of Historic Places), 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 and/or THPO.
El Historic properties (i.e., properties listed in or eligible for inclusion in the National
Register of Historic Places), 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 and/or THPO.
M 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
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:
El The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
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Z 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
El 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.
N The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
El The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
El For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat. Consultation has been completed for this type of activity and the
effects of the proposed activity have been evaluated and/or authorized by the
National Marine Fisheries Service (NMFS) in the South Atlantic Regional
Biological Opinion or its associated documents, including 7(a)(2) & 7(d) analyses
and Critical Habitat assessments. A copy of this public notice will be sent to the
N M FS: Select the Affects/Effects Determination
El 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):
El The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. 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).
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N 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 180 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:
NCDWR Central Office
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(USPS 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):
N/A — The project is not located within a Coastal County subject to NCDCM Jurisdiction.
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.
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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 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,April 25, 2024. Comments should be
submitted to Billy Standridge, Washington Regulatory Field Office, 2407 West Fifth
Street, Washington, North Carolina 27889, or via email at
billy.w. stand ridge@usace. army. m il. The Corps Project Manager can be contacted at
[phone]. Comments may also be submitted to
[e-mail].
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