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HomeMy WebLinkAbout20240370 Ver 1_USACE Request for More Info_20240524 (2)DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 24, 2024 Regulatory Division Action ID No. SAW-2020-01319 Mary Anne Hoerle Heidelberg Materials SE Agg LLC 3825 Barrett Drive, Suite 300 Raleigh, North Carolina 27615 Dear Ms. Hoerle: Reference is made to the application of March 4, 2024, for Department of the Army (DA) permit 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. The purpose of this correspondence is to provide you with U.S. Army Corps of Engineers (Corps) comments and those we received from environmental review agencies and the public related to review of the public notice associated with your application. A total of two comments were received in response to the public notice. Comments were received from one adjacent property owner and the Catawba Indian Nation. All correspondences are summarized for your records and response. 1) Mr. H.C. Williams expressed concerns regarding potential impacts to irrigation and drinking water wells located on the properties west of the project area. The properties include the Williams Plant Farm as well as residential and agricultural property. The wells range in depth from approximately 200 feet — 550 feet deep. 2) The Catawba Indian Nation (Catawba) submitted comments by letter dated April 18, 2024. Specifically, the Catawba stated that they had no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. However, the Catawba requested to be notified if Native American artifacts and/or human remains are located during the ground disturbance phase of this project. -2- Please provide a comprehensive, detailed response to address each of these concerns listed above. Please be aware that Section 404(b)(1), of the Clean Water Act, states that no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences. As such, please elaborate on or provide additional information regarding the item(s) below: 1) The inclusion of the Morehead City Sales yard in the overall project purpose is overly restrictive. Please provide an updated project purpose and adjust the alternatives analysis with that criteria removed. 2) Please incorporate a geographical area element into the screening criteria in order to define and limit the range of potential offsite alternatives. 3) Please provide additional information on why the impacts to Stream F and the abutting wetlands cannot be avoided by including an additional on -site alternative that addresses the practicability of avoiding these resources. Your response to the comments must be given full consideration before we can make a final decision on your application. You may submit additional information, revise your plans to help resolve the issues, rebut the issues made or request a decision based on the existing record. Please be aware that, depending upon the level of detailed information you provide, we may still have concerns and/or questions that will need to be addressed. We must receive a written response by June 24, 2024, otherwise your application will be withdrawn. If withdrawn, it will be re -opened once the requested information is received. If you have questions or comments, please contact me at telephone (910) 251-4595 or contact me at email address billy.w.stand ridge@usace.army. mi1. Sincerely J Billy andridge Regulatory Project Manager -3- Enclosure Copies Furnished (via email): Sue Homewood NC Division of Water Resources sue.homewood@deq.nc.gov Mr. Bob Zarzecki Soil & Environmental Consultants, Inc. bzarzecki@sandec.com