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HomeMy WebLinkAbout20020408 Ver 2_More Info Received_20151215D E S I G N DEC 1 5 2015 December 11, 2015 Karen Higgins, Supervisor 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh NC 17699-1617 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 project. 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 __' P, '_3 d' Craig R. Wyant RLA/SWS A Fine Line Design P.O. Box 163 High Shoals, NC 28077 704-240-0793 craig.wyant a,charter.net Attachments: Mitigation Acceptance Letter from NCEEP (DMS) Detail Plan View and Cross Section of Avoidance and Minimization Options Comparisons. CC: 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) North Carolina Department of Environmental Quality Donald R. van der Vaart Pat McCrory Secretary Governor November 16, 2015 DWR # 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. 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: 919-919-707-90001 FAX: 919-807-64941 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 Q Request for Additional Information Page 2 of 2 Pursuant to Title ISA 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 chad.turlington@ncdenr.gov or Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, a.�.Ql1(1 Karen Higgins, Supery sor 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 _A4 WDETdR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor 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 Certificadon/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.neL 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. Impact 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 %vill 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 (919) 707-8915. Sincerely, James Stanfill Asset Management cc: Liz Hair, USACE- Wilmington Craig Wyant, agent 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 Phone: 919-707-89761 Internet: www.nceep.net An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper I Supervisor CU Stream (feet) Wetlands (acres) Buffer I Buffer 11 River Basin Location (Sq. Ft.) (Sq. Ft. Cold Cool Warm Ri arian on -Riparia, arioastal Marsh Nan C Yadkin 03040201 0 0 2,557 0.88 0.071 * 0 0 0 Impact 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 %vill 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 (919) 707-8915. Sincerely, James Stanfill Asset Management cc: Liz Hair, USACE- Wilmington Craig Wyant, agent 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 Phone: 919-707-89761 Internet: www.nceep.net An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper I Supervisor s uoiiL'Aal3 s s 8 � � $ q$ 8 � $ -I Z� Em � S _ tic C � r 8 69 T � Q 8 F 3 � 8 f 8 r O 8 8 a 8 s a m g <�� 61 Y_ 2 ^L` 8 8 2 a 8 ri3� 8 L I 2 1 Elevation = pRICHMOND ROCKINGHAM QUARRY COUNTY, NORTH CAROLINA `D n Uukun Po�,s T c W IS4Lf. Materials Company 5 YEAR PLAN w5511D»M p ALTERNATIVES ANALYSIS - PROFILE VIEW °°""d"'°'"°"°" °' \ U % \ \ ^ y Q lu 411 Do 150 io III \ W '- co it • r 3 -: �.:.; ,. 1 C ► - 100 �i m�� // r. 1 I N J \ � q n' 37 350 f/ � ® fl Szz Fb n � ; I auz � H ti Vn Qp O -------- 0fl ( Ht y22 O �2 0 00 C121 s tf yZc y D 1 A R Gw� Pmuw = ROCKINGHAM QUARRY z RICHMOND COUNTY, NORTH CAROLINA Uulcun '•O5 YEAR PLAN , Maierlals Company A ALTERNATIVES ANALYSIS - NORTH PLAN VIEW