20031023 Ver 1_Public Notice_20031201

Action ID No. 200301159
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
PUBLIC NOTICE
WETLANDS/ 401 GROUP
DEC 0 1 2003
WATER QUALITY SECTION
November 24, 2003
Martin Marietta Materials, Post Office Box 30013, Raleigh, North Carolina 27622-0013,
has applied for a Department of the Army (DA) permit, pursuant to Section 404 of the Clean
Water Act, 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.
The following description of the work is taken from data provided by the applicant and
from observations made during a'site visit by a representative of the Corps of Engineers. Plans
submitted with the application show proposed mining activities on approximately 87 acres of
land on Tracts G1 and G2. The mining activity consists of the removal of vegetation and
overburden from approximately 58 acres of land to expose the limestone aggregate product. This
will be accomplished using traditional earth moving equipment. Deep ground water from the
product zone will be removed through operation of an excavated sump area with pumps to
transport ground water to surface discharge points in compliance with the current North Carolina
Department of Environment and Natural Resources Mining Permit, Identification Number 69-08,
approved September 13, 2002. Impacts to the 7.52 acres of jurisdiction wetlands would be the
result of the excavation of overburden and side casting. The purpose of the proposed work is to
mine semi -consolidated and marly limestone ranging in thickness from 15 to 18 feet. For
mitigation, the applicant proposes payment to the Wetland Restoration Program at a ratio of 1:1
for the 7.52 acre of wetland impacts. Plans showing the work are included with this public
notice.
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has decided the applicability of a Water Quality Certificate as required
by PL 92-500.

The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and concurrence. This proposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-
229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies directly
to the respective agency, with a copy furnished to the Corps of Engineers.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The District Engineer's initial
determination is that the proposed project would not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or

historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts that the proposed activity may have on the public
interest requires a careful weighing of all those factors that become relevant in each particular
case. The benefits that may be expected to accrue from the proposal must be balanced against its
foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions
under which it will be allowed to occur, are therefore decided by the outcome of the general
balancing process. That decision should reflect the national concern for both protection and use
of important resources. All factors that may be relevant to the proposal must be considered
including the cumulative effects of it. Among those are conservation, economics, aesthetics,
general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards
and flood plain values (according to Executive Order 11988), land use, navigation, shore 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 placement of dredged or fill
materials in waters of the United States, a permit will be denied if the discharge that would be
authorized would not comply with the Environmental Protection Agency's 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be
granted unless the District Engineer decides that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide 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 decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDWQ for certification.

Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before
December 22,2003, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Ms. Lillette Granade, until 4:15 p.m., December 26, 2003, or telephone
[phone].

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Title
Vicinity Map
Martin Marietta Materials
Prepared For:
Project
Rocky Point Quarry
Pender County, North Carolina
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Date
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Project Number
Figure
July 31, 3003
011185010
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Title
Soils Map (1998 Color IR Aerial with MRCS Soils Mapping)
Martin Marietta Materials
Prepared for: Project Rocky Point Quarry
Pender County North Carolina
M M-114 M.I.W.
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Date Project Number Figure
July 31, 2003 011185010 3

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A 0.62
B 1.64
c 0.26
D 2.23
E t.46
F 4.68
G 0.97
H 4.03
Legend
OExisting Mine Area
�•—• Ditches
Drainage Ditch Zone of Influence'
Wetland Areas by Soil Type (As Defined by COE)
Croatan
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'Note Zone of Influence where �1
wetland hydrology criterion is C
removed due to the drainage ditch.
J 200 400 800 2JJ
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Feel
Title: Jurisdictional Wetlands and Duch Drainage Influence on Tracts G I & G2 as determined by MMA and USACE during June 3, 2003 meeting (Aerial February 2000)
Prepared for Martin Marietta Materials
Protect Rocky Point Quant
Martin Marietta Materials Pender Counn. North Carolina
M\
\� Date Project Number
Jul, 31. 2003 011185010
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