20031023 Ver 1_USACE Correspondence_20040126

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application for Department of the Army authorization to impact 7.52 acres of wetlands for
expansion of an existing mining operation to extract limestone product located at the Rocky
Point Quarry, approximately 1.5 to 2 miles northwest of the Northwest Cape Rear River, adjacent
to a tributary of Strawberry Branch, at the end of NC State Road 1636, east of 1-40, in Rocky
Point, Pender County, North Carolina.
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DEPARTMENT OF THE ARMY j 6d/ AAAbhm
WILMINGTON DISTRICT, CORPS OF ENGINEERS Ad2A P
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P.O. BOX 1890 * N? WX
WILMINGTON. NORTH CAROLINA 28402-1890 P RMY TO ?/
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January 26, 2004 f?
Regulatory Division
Action M. 200301159 N`? - ?L.r J
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Martin-Marietta Materials A".? x ? qtr
Post Office Box 30013
Raleigh, North Carolina 27622-0013. V `? U ;rIYAJ
Dear Sir or Madam: YAW AW*
0 November 24 2003 A ublic notice was issued solicitin comments regarding your le f N614
After review of your proposal, the U.S. Fish and Wildlife Service and the law office of
Wessell & Raney, LLP, representing David Sloan and Calvin Wells, addressed concerns of your
application by letter dated December 18, 2003 and January 5, 2004 respectively (copy enclosed).
These concerns are due to anticipated adverse environmental impacts. We suggest that you
revise your plans to satisfy the interest of the objecting agency.
Please advise us of your intentions, in writing, on or before February 9, 2004. 1 am
responsible for processing your application and available to assist you in coordinating with the
review agencies. You can contact me at telephone [phone].
Sincerely,

Lillette Granade, Regulatory Specialist
Wilmington Regulatory Field Office
Enclosure
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Copies Furnished (with enclosure):
Mr. Chad Evenhouse, PWS
Kimley-Horn and Associates, Inc.
Post Office Box 33068
Raleigh, North Carolina 27636-3068
Copies Furnished (without enclosures):
W. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland Pardue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. W.A. Raney, Jr.
Wessell & Raney, LLP
107-B North Second Street
Wilmington, North Carolina 28402
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Past Office 8e: 33726
Raleigh, Narth Carolina 278363726
December 18, 2003
PECENEp
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Ms. Lillette Grande U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
F.P. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID No. 200301159, Martin Marietta Materials, Rocky Point Quarry, Pender
County, North Carolina
Dear Ms. Grande:
This letter provides the comments of the U.. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated November 24, 2003. The applicant, Martin Marietta Materials, has
applied.for a Department of the Array (DA) permit to impact 7.52 acres of jurisdictional
wetlands as part of an expansion of an existing, mining operation to extract limestone product at
the Rocky Point Quarry. ''These comments are'submitted in accordance vidth the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d), and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be used in your
determination of compliance with 404(b)(1) guidelines (40 CPR 230) and in your public interest
review (33 CFR 320.4) as they relate to protection of fish and wildlife resources.
The PN states that the applicant seeks to expand an existing mining operation on 87 acres.
Within this area. vegetation and overburden would be removed from 58acres. The Corps has
determined that 7.52 acres of jurisdTcti'onal-wetlands would"b-e impacted by the excavation of
overburden and side casting. The mine site is adjacent to a tributary of Strawberry Branch.
Maps of the project show two first order streams in the vicinity of the quarry which merge near
Mooretown. From this merger a second order stream' flows into the Northeast (NE) Cape Fear
River. Deep ground water would be removed from the production zone through the operation of
an excavated sump area with pumps to transport ground water to surface discharge points in
compliance with a current mining permit from the-North Carolina Department of Environment
and Natural Resources. The applicant has proposed compensatory wetland mitigation consisting
bf 04yintrit fb; North Carolina Wetland Restoration Program '(WRP)wli E.has. been integrated
into the Ecdsysfcm Enhancement Program (EEP).'
The proposed action would result in the loss of 7.52 acres of wetlands. The project also has the
potential to disrupt natural water flows from the site to the NE Cape Fear River. The removal of
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15-18 feet of limestone would lower the surface elevation of the reclaimed site and may retain
water on the site.
The Service has reviewed available information on federally-threatened or endangered species
known to occur in Pender County. Our review indicates that no federally threatened or
endangered species, reported from the Mooretown quad, has an occurrence record near the
project site. One FSC, Carolina goldenrod (Solidago pulchra), has been reported west of
Interstate 40 in the vicinity of the project area. However, this plant which is listed as endangered
by the state, is characteristic of savannahs and is not likely to occur in the area that has been
altered by silvi cultural operations.
S?rvice-biologists briefly-visited the project area on December 10, 2003•, and. viewed the southern
edge of Tract G2 and an area that had been reclaimed several years earlier. While the reclaimed
area - an interspersion of vegetated ridges and open water areas - has fish and wildlife habitat,
such areas do not represent a restoration of wetlands to conditions that historically occurred on
the site. Fish and wildlife resources would benefit best from compensatory mitigation on the
project site or in the vicinity of the project. On the margins of the site to be mined, especially in
areas adjacent to relatively undisturbed wet hardwoods or pond pine, the ridges of overburden
could be graded to produce a flatter contour. Such flatter contours could produce an area with a
saturated or temporarily flooded water regime. Such measures could provide 7.5 acres of
wetland restoration required for the losses produced. If compensation cannot be achieved on the
margins of the mine site, the applicant could work with adjacent landowners to achieve 7.5 acres
of wetIand restoration. If compensatory mitigation opportunities cannot be found on-site or on
adjacent properties, then the proposed payment to the Wetland Restoration Program, or
Ecosystem Enhancement Program, would be acceptable. The project should not result in
significant disruption of surface water flows into the NE Cape Fear River. If surface flows are
impacted, compensatory stream mitigation should be required.
The Service appreciates the opportunity to comment on this PN. Please advise us of any action
taken by the Wilmington District, Corps of Engineers. If you have questions regarding these
comments, please contact Howard Hall at 919-856-4520, cxt 27 =.by c-trail at <
howard hall(a >.
Sincerely,

Garland B. Pardue, Ph.D.
Ecological Services Supervisor
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cc:
Ronald Mikulak, USBPA, Atlanta, GA
John Domey, NC Division of Water Quality, Raleigh, NC
Bennett Wynne, NC Wildlife Resources Cormnission, Kinston, NC