20230332 Ver 2_Public Notice_20240524

1 1
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 24, 2024
Comment Deadline: June 23, 2024
Corps Action ID Number: SAW-2020-00234
The Wilmington District, Corps of Engineers (Corps) received an application on May 10,
2024, from Luck Stone Corporation seeking Department of the Army authorization to
discharge dredged or fill material into approximately 0.24 acre (3,433 linear feet) of
stream channel and 0.53 acre of riparian non-riverine wetlands, associated with
constructing a granite quarry in Lee 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:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Mr. Mark Williams
Luck Stone Corporation
Post Office Box 29682
Richmond, VA 23242
AGENT (if applicable): Ms. Kate Hefner
Timmons Group
5410 Trinity Road, Suite 102
Raleigh, NC 27607
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:
❑x 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)
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Location
Location Description: The project area is located east of the eastern terminus of Fred
Stone Road, west and south of Upper Little River, and north of Juniper Creek, near
Sanford, in southeast Lee County, North Carolina (Figure 1).
Project Area (acres): 167.9
Nearest Town: Sanford
Nearest Waterway: Upper Little River, Juniper Creek
River Basin: Cape Fear; Hydrologic Unit Code (HUC) 03030004
Latitude and Longitude: 35.396551 N,-79.131738 W
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Existing Site Conditions
Of the total approximately 416.3-acre property evaluated by the Applicant, the proposed
project site (Site) includes 167.9 acres in the central portion of the property.
The Site consists of cattle pastures, which are dominated by successional growth and
unmanaged forested land along the borders. Forested wetland communities within the
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site can be characterized as Headwater Forest and Bottomland Hardwood Forest,
according to the North Carolina Wetland Assessment Method (NCWAM), which are
dominated by American hornbeam (Carpinus caroliniana), American holly (Ilex opaca),
sweetgum (Liquidambar styraciflua), red maple (Acer rubrum) and loblolly pine (Pinus
taeda) within the tree, sapling, and shrub strata. Other notable species observed within
these communities include black cherry (Prunus serotina), smooth alder (Alnus
serrulate), and Chinese privet (Ligustrum sinense). The herb stratum is dominated by
woolgrass (Scirpus cyperinus), soft rush (Juncus effusus), sedge (Carex spp.),
greenbrier (Smilax rotundifolia), and Japanese honeysuckle (Lonicera japonica).
Portions of the wetlands also occurred within a cow pasture. The vegetative
communities in those areas were dominated by herbaceous vegetation such as soft
rush, woolgrass, and broomsedge bluestem (Andropogon virginicus).
The property is located within the Piedmont physiographic province. It is located within
the Headwaters Upper Little River and Upper Little River -Lake Trace Subwatersheds
(HUC 030300040201 and 030300040202), part of the Upper Cape Fear River Basin
(HUC 03030004). The site drains northeast into the Upper Little River and southeast
into Juniper Creek.
The majority of the Site is located within Zone X, areas of minimal flood hazard located
outside of the 100-year floodplain. Portions of the site in the vicinity of the Upper Little
River and Juniper Creek are located within Zone AE, the 100-year floodplain with base -
flood elevations ranging from 264 to 278-feet above mean sea level.
Based on information obtained from the United States Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS) Soil Survey for Lee County,
the soils within the Site are comprised of 15 soil series summarized in Table 1 below.
Table 1. Onsite soils
Map Unit Symbol
Map Unit Name
CfB
Cecil fine sandy loam, 2 to 8 percent slopes
CfD
Cecil fine sandy loam, 8 to 15 percent slopes
Ch
Chewacla silt loam, 0 to 2 percent slopes, frequently flooded
DuB
Durham loamy sand, 2 to 8 percent slopes
FuB
Fuquay loamy sand, 0 to 6 percent slopes
GhD
Gilead loamy sand, 8 to 15 percent slopes
NaB
Nanford silt loam, 2 to 8 percent slopes
NaD
Nanford silt loam, 8 to 15 percent slopes
Pal'
Pacolet fine sandy loam, 15 to 40 percent slopes
TaB
Tarrus silt loam, 2 to 8 percent slopes
TaD
Tarrus silt loam, 8 to 15 percent slopes
TaE
Tarrus silt loam, 15 to 30 percent slopes
ToB
Tillery fine sandy loam, 1 to 4 percent slopes, rarely flooded
W
Water
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Wn Wehadkee fine sandy loam, 0 to 2 percent slopes, frequently
flooded
The Site was delineated by Timmons Group for potential waters of the United States
(WOTUS) in February 2019, and a Preliminary Jurisdictional Determination (PJD) was
issued by the Corps on June 29, 2021. There are 33 onsite wetlands, including
approximately 34.84 acres of palustrine forested, 0.19 acres of palustrine scrub -shrub,
and 4.12 acre of palustrine emergent wetlands according to Cowardin Classification.
The site also contains 0.82 acre of open waters. In addition, there are 27 streams
onsite, including 14,617 linear feet of perennial stream and 7,379 linear feet of
intermittent stream.
Applicant's Stated Purpose
The project purpose, as stated by the applicant is to construct a granite quarry in
Sanford, North Carolina to continue meeting current and future demands for stone in the
market. The proposed quarry would be positioned to service the Sanford and
Fayetteville markets with the potential to service areas east of the Fall Line. The
Sanford market includes future growth outlined in the Carolina Core plan which
proposes a new interstate (1-685) to connect 1-40 with 1-95. The proposed location would
also be the closest stone source to the Fayetteville market which includes the ongoing
expansion at Fort Liberty. In addition to the local markets, the proposed quarry may
service the growing coastal markets. The strategic position of the proposed quarry
would be closest to the Fall Line to service the coastal markets. Due to the geology of
the region, there is a lack of granite stone deposits east of the Sanford location. Stone
demands from coastal regions, like the ongoing expansion of Wilmington, would rely on
quarries west of the Fall Line. The Applicant believes the proposed quarry would be
able to meet local and coastal needs.
According to the applicant the need for additional stone deposits is apparent due to
current and expected demands, and their experience with their nearby quarry in
Pittsboro, North Carolina. Currently, the Pittsboro quarry is primarily supplying
aggregate to the rapidly expanding Raleigh region. Though the proposed quarry is
nearby, there would be limited overlap with the Pittsboro market. The proximity allows
the Applicant to continue providing service to the same customers that have projects to
the south. Additionally, the competitive market is more advantageous towards the south
(Fayetteville area). Most of the quarries to the north (in the Pittsboro quarry market) are
focused on serving the rapid growth of the Raleigh market. The proposed quarry would
be focused on growth to the south which has faced service issues from competitors
trying to keep up with demand from the Raleigh market.
Project Description
The Applicant provided the following project description: The project would include
excavation of a granite quarry with appurtenant support facilities. Specifically, the target
stone is a meta -volcanic rock being mined for construction aggregate. The pit area
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would utilize downward spiraling concentric circles to advance on stone reserves. As
extraction proceeds downwards, the benches would follow for ingress/egress of the pit.
The pit would be dewatered to three contained, inline settling ponds. Solids would be
removed to an onsite overburden pile and water would be routed to the storage pond.
The storage pond would serve as a stormwater BMP and a source for dust suppression.
Two overburden locations would be utilized to store overburden until mine reclamation.
Appropriate erosion and sediment controls including perimeter earthen berms and
temporary stabilization would be used to ensure no sediment transport to the adjacent
wetlands.
The project would also include construction of appurtenant support facilities for mining
operations. A scale and scale office would be constructed at the primary entrance to the
facility. An equipment and maintenance shop would be constructed between the pit area
and overburden storage. Interior access roads would be constructed for customer traffic
and navigation throughout the facility. Finally, a bridge would be constructed over the
Upper Little River to tie into the access road from NC Highway 87. The access road is
being constructed by others and the Applicant would tie into the terminus of the public
road for the primary quarry access.
The Applicant states that, in order to achieve the goals of the Project, impacts to
WOTUS are unavoidable. As proposed, 0.53 acre of riparian non-riverine wetlands
would be permanently impacted during construction of the facility and access roads.
Additionally, 0.24 acre (3,433 linear feet) of stream channel would be impacted. Details
regarding impacts are outlined in Table 2 below.
Table 2. Impacts Summary
Impact
ID
Impact
Description
Impact
Type
Wetland Area (sq. ft.)
Stream Length (LF) and Area (sq. ft.)
PLO
PSS
PEM
Perennra! (R3)
Intermittent (N)
Length
Area
Length
Area
1
Fill/Grading
Permanent
8,201
--
2a
Excavation
Permanent
--
1,089
--
2b
Excavation
Permanent
9,950
3
Excavation
Permanent
1,345
4
Excavation
Permanent
204
-
--
-
5
Fill/Grading
Permanent
206
-
6
Fill/Grading
Permanent
32
7
Fill/Grading
Permanent
2,087
8a
Excavation
Permanent
--
335
1,239
3b
Excavation
Permanent
923
2,429
9
Excavation
Permanent
67
131
10
Excavation
Permanent
795
2,228
11
Excavation
Permanent
614
2,132
12
Fill/Grading
Permanent
410
1,406
13
Fill/Grading
Permanent
289
820
TOTALS:
10,730
11089
11,295
335
1,239
3,098
91146
ACRES:
0.25
0.02
1 0.26
--
0.03
--
0.21
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Impact 1 would result in the permanent fill impact of 0.19 acre of palustrine forested
wetlands for the grading and construction of the proposed aerial span bridge. This
impact is unavoidable and necessary to access the site from the stub of the access road
being constructed by others.
Impacts 2, 3, and 4 would result in the permanent excavation of 0.005 acre of palustrine
forested wetlands, 0.02 acre of palustrine scrub -shrub wetlands, and 0.26 acre of
palustrine emergent wetlands. These impacts are associated with the initial mining pit to
meet the purpose and need of the project.
Impacts 5 and 7 would result in the permanent fill of 0.05 acre of palustrine forested
wetlands. The Applicant states that these impacts are the minimum necessary to store
overburden from the pit excavation. The grading associated with these impacts would
ensure slopes can be stabilized to prevent offsite sediment migration.
Impact 6 would result in the permanent fill of 0.0007 acre of palustrine forested wetland.
This impact is necessary for the construction of the perimeter access road within the
quarry. Slopes have been designed so that stabilization can be achieved to prevent any
offsite sediment migration.
Impacts 8, 9, 10, and 11 would result in the permanent excavation of 0.028 acre (335
linear feet) of perennial channel and 0.055 acre (2,399 linear feet) of intermittent
channel. These impacts are associated with the initial mining pit to meet the purpose
and need of the project.
Impact 12 would result in the permanent fill of 0.032 acre (410 linear feet) of intermittent
channel. This impact is associated with overburden storage. Without this impact there
would not be adequate area for overburden storage.
Impact 13 would result in the permanent fill of 0.019 acre (289 linear feet) of intermittent
stream channel. This impact is associated with the construction of the perimeter access
road within the quarry. Slopes have been designed so that stabilization can be achieved
to prevent any offsite sediment migration.
The Applicant does not anticipate secondary impacts as a result of this Project. The
Applicant would adhere to County and state -mandated erosion and sediment control
measures to minimize the possibility of downstream impacts.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
Impacts to jurisdictional features were avoided and minimized to the maximum extent
practicable by incorporating resourceful site selection and site planning including the
utilization of an updated preliminary wetland delineation to ensure all jurisdictional
features within the Project Area were accurately mapped.
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The proposed site was selected due to its strategic location within Sanford, which can
readily service the local market, markets to the south, and future developments east of
the fall line. This location would be able to service a market where suppliers are
currently not able to meet demand. With such, sizing the quarry to meet current and
future demands was challenging considering the jurisdictional feature constraints. The
first avoidance and minimization efforts were concentrated on site access. County
proffers require site access from NC Highway 87 due to the nature of the vehicles
regularly entering and exiting the quarry. The Applicant evaluated a standalone access
road to the quarry but determined that would be more costly and require more
jurisdictional impacts than utilizing the access road being constructed by others. This
multi-user access road minimizes impacts to jurisdictional features while still meeting
project needs. Crossing the Upper Little River was the next concern. The proposed
crossing would utilize a bridge on pilings to minimize disturbance to the stream channel.
The crossing is proposed at the least sinuous and narrowest portion of the channel in
effort to minimize impacts. Due to the size of the bridge, impacts could not be avoided
entirely as the grading prism would need to accommodate the weight of the traffic and
height off of the channel. As previously mentioned, the proposed quarry would include a
phased pit area. The initial pit area is located adjacent to the proposed access road,
support facilities, and in close proximity to the overburden storage. The proposed
location of the initial pit meets the logistical needs for the conceptual advance of the
quarry. The final buildout would include areas remaining to the south and west of the
proposed pit. The intent of the initial pit location is to not splice any jurisdictional
systems. Considering the jurisdictional features continue through a large portion of the
site, impacts could not be avoided entirely.
In order to avoid secondary impacts, a project -specific Erosion and Sediment Control
(ESC) plan would be prepared in accordance with the North Carolina Department of
Energy, Mineral, and Land Resources (NCDEMLR) mining permit. All regulated land -
disturbing activities associated with the Project would be covered by the project -specific
ESC plan. During construction activities, these measures would be inspected and
maintained throughout the life of the construction activity providing for enhanced
protection of the jurisdictional areas.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Compensatory mitigation for these unavoidable impacts would be achieved through the
purchase of off -site mitigation credits from Wetland Mitigation Banks. If credits are
unavailable at the time of permitting, compensatory mitigation would be achieved
through payment into the North Carolina Division of Mitigation Services (NCDMS) in -lieu
fee program.
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North Carolina Stream Assessment Method (NCSAM) and NCWAM reviews were
conducted to gauge feature quality and determine if a lower mitigation ratio is feasible. If
features were determined to be high quality, it is understood that a 2:1 ratio would be
required for wetland and stream mitigation credits. The required compensatory
mitigation for wetlands was determined by first totaling the square footage of wetland
impacts by Cowardin Classification and then converting to acres and rounding to the
nearest hundredth decimal. For streams, the required compensatory mitigation was
determined by totaling the linear feet of stream impacts for both perennial and
intermittent streams and then applying the appropriate mitigation ratio. Based on the
NCSAM and NCWAM ratings, the Applicant proposes 5,401 warm water stream credits
and 0.87 riparian non-riverine wetland credits. A summary of the findings is included
below in Tables 3 and 4.
Fable 3. NCSAM Ratings and Mitigation at Proposed Impact Locations
Stream
USACE Rating NCDWR Rating Impact Proposed Mitigation
Impact Site Data Form ID Classification (All Streams) (Intermittent) Linear Feet Proposed Ratio (linear feet)
8a
SAM-33A1.2
Perennial
High
-
335
2:1
670
8b
SAM-33A1.1
Intermittent
Low
Medium
923
1:1
923
9
SAM-33D1-1
Intermittent
High
High
67
2:1
134
10 & 13
SAM-41C1-1
Intermittent
Medium
High
795
1 1.5:1
1193
11
SAM-54C1-1
Intermittent
High
High
614
2:1
1228
12
SAM-54F1-1
Intermittent
High
High
410
2:1
820
13
SAM-41D1-1
Intermittent
Medium
Medium
289
1.5:1
433.5
Total
3,433
-
S,401
Table 4. NCWAM Ratings and Mitigation at Proposed Impact Locations
Impact Site
Data Form ID
Wetland
ImWSquareFee
ImpactAcres
Proposeditatio
Proposed Mitigation
Wetland Type
WAMRating
1
WAM-41E1-1
Bottomland Hardwood Forest
Low
8,201
0.19
1:1
0.19
2
WAM-33C1-1
Headwater Forest
High
11,039
0.25
2:1
0.51
3
WAM-3381-1
Headwater Forest
Medium
1,345
0.03
1.5:1
0.05
4
WAM-54A3-I
Headwater Forest
High
204
0.00
2:1
0.01
5
WAM-54E1-1
Seep
High
206
0.00
2:1
0.01
6
WAM-5401-1
Headwater Forest
High
32
0.00
2:1
0.00
7
WAM-54D1-1
Headwater Forest
High
2,087
0.05
2:1
0.10
Total
23,114
0.53
-
0.87
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.
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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❑x 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 Applicant states that "Circa - Cultural Resources Management, LLC to
conduct a Phase 1 Cultural Resource Survey on the property. The survey will be
coordinated with the NC State Historic Preservation Office (NCSHPO) for
review."
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:
❑x 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):
❑x 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.
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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):
Z 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 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
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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, June 23, 2024. Comments should be
submitted to Caitlin S. Westerfield, Raleigh Regulatory Field Office, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, North Carolina 27587, or via email at
[e-mail]. mi1. The Corps Project Manager can be contacted at
[phone]. Comments may also be submitted to [e-mail].
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