19860184 Ver 1_COMPLETE FILE_19860925

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor S. Thomas Rhodes, Secretary
October 8, 1986
Colonel Paul W. Woodbury
Department of the Army
Corps of Engineers, Wilmington District
District Engineer
P. 0. Box 1890
Wilmington, NC 28402
Dear Colonel Woodbury:
RE CIE, V

In accordance with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice ....
0439 dated August 14, 1986 which describes a project proposed by Martin
Marietta Aggregates of Raleigh. The project, involving the placement
of fill in wetland for the purpose of stream relocation to facilitate
a mining operation, is located on a tributary of Killian Creek near Denver
in Lincoln County.
In the course of the revi
submitted comments of objet
Commission object to the prc
that, in additiona to 750
impact to over four acres
wetlands would be impacted.
adversely affected by the
also object to the project.
aw to develop a state viewpoint, two key agencies
tion or concern. The N. C. Wildlife Resources
Dosed project based on that agency's determination
feet of stream. relocation, there would be an
of wetland. The Public Notice stated that no
If, in fact, there are four acres of wetlands
project, the Division of Water Resources would
In conclusion, if wetlands as described by the Wildlife Resources Commis-
sion are involved, the state through this coordinated response, recommends
permit denial. If, on the other hand, there is a misunderstanding on
this point, the state stands ready to participate in such effort.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

Colonel Paul,W. Woodbury
October 7, 19,86,,
4*000 - Page 2
For your, information, the Division of Environmental Management has
issued Section 4461 Water Quality Certification #1978 for the project.
The writer wishes to note, however, that the question about wetlands would
most certainly affect the action of Environmental Management.
Should you require additional input from the state on this matter,
do not hesitate to contact this office.
Very sincerely,
John R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Raleigh
Division of Environmental Management`/
Raleigh
Division of Water Resources
Raleigh
i
September 26, 1986
Mr. Horace Willson
Martin-Marietta Aggregates, Inc.
P.O. Box 30013
Raleigh, NC 27622
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Stream Relocation
Martin Marietta Aggregates, Inc.
Denver Quarry
Lincoln County
Dear Mr. Willson:
Attached hereto are two (2) copies of Certification No. 1978
issued to Martin-Marietta Aggregates dated September 26, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed BY
Wilt+arn C. Mills
for R. Paul Wilms
cc: Wilmington District Corps of Engineers
Mooresville Regional Office
Mr. William Mills
Mr. David Owens
YY
NORTH CAROLINA
Lincoln County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Martin-Marietta Aggregates
pursuant to an application filed on the 1st day of August, 1986 to place
fill in a tributary of Killian Creek and relocate the channel.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
of Killian Creek in conjunction with the proposed stream relocation in
Lincoln County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the banks and bottom of the new channel be
stabilized with rip-rap prior to introduction of
the stream into the new channel.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 26th day of September, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
;riginal Signed By
RNiiliarn C. M41s
For R. Paul Wilms, Director
WQC# 1978

September 26, 1986
Mr. Horace Willson
Martin-Marietta Aggregates, Inc.
P.O. Box 30013
Raleigh, NC 27622
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Stream Relocation
Martin Marietta Aggregates, Inc.
Denver Quarry
Lincoln County
Dear Mr. Willson:
Attached hereto are two (2) copies of Certification No. 1978
issued to Martin-Marietta Aggregates dated September 26, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Sisnal By
William C. Mills
for R. Paul Wilms
cc: Wilmington District Corps of Engineers
Mooresville Regional Office
Mr. William Mills
Mr. David Owens

NORTH CAROLINA
Lincoln County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Martin-Marietta Aggregates
pursuant to an application filed on the 1st day of August, 1986 to place
fill in a tributary of Killian Creek and relocate the channel.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
of Killian Creek in conjunction with the proposed stream relocation in
Lincoln County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the banks and bottom of the new channel be
stabilized with rip-rap prior to introduction of
the stream into the new channel.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 26th day of September, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 1978

DIVISION OF ENVIRONMENTAL MANAGEMENT
September 22, 1986
MEMORANDUM TO: Bill Mills
FROM: D. Rex Gleason
SUBJECT: 401 Certification
Martin Marietta Aggregates
Placement of Fill Material in Killian Creek Tributary
Lincoln County, North Carolina
This Office has reviewed the proposal for relocation of a 750 foot
portion of a tributary to Killian Creek in Lincoln County. The old stream
segment will be filled with material excavated for the new channel. Any
fish and wildlife habitats in the filled segment will be destroyed; however,
there should be no adverse affect on water quality, except during the construction
phase. Such effects will be short term and minimal, therefore, we have no
objection to the proposal.
If you have questions regarding this matter, please advise.
DRG:se

SCE F-D
w6 1 ? 1986
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineer%A1Lg ?,iUAL111 ?t Nj ?N
Post Office Box 1890 OPERA11ONS BRA
Wilmington, North Carolina 28402-1890
SAWC086-N-055-0439
August 14, 1986
PUBLIC NOTICE
MARTIN MARIETTA AGGREGATES, Post Office Box 30013, Raleigh, North Carolina
27622 has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN A TRIBUTARY OF KILLIAN CREEK NEAR DENVER, Lincoln County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show relocation of a portion of the existing creek channel. The
new run will be constructed up to 125 feet from the natural channel.
Excavated material from the new channel (750 feet long by 35 feet wide by 4.5
feet deep) will be used to fill in the old channel (750 feet long by an
average 10 feet wide by an average 2 feet deep). An estimated 600 cubic yards
of material will be placed below the ordinary high water contour. All excess
material will be removed to an off site disposal area. No wetlands are
present within the project site. The purpose of the stream relocation is to
provide for better erosion control. Plans showing the work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) 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 worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes 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.
tit
-2-
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not 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 permit serves as application to the DEM 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 Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
September 23, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh-,
North Carolina 27611-7687, on or before September 15, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
September 13, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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PROPOSED STREAM RELOCATION
NEAR KILLIAN CREEK
AT DENVER, N.C.
COUNTY OF LINCOLN
APPLCATION BY MARTIN MARIETTA AGGREGATES
SHEET 1 OF 3

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\\\\ PROPOSED STREAM RELOCATION
NEAR KILLIAN CREEK
AT DENVER, N.C.
Detail Of Holding Cell COUNTY OF LINCOLN
With Rock Check Dam APPLICATION BY MARTIN MARIETTA AGGREGATES
SHEET 2 OF 3
?. MARTIN. MARIETTA AGGREGATES
c Mc
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LINCOLN A CATAWBA COS.. N. C.
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"" ? ¦? "PROPOSED STREAM RELOCATION
NEAR KILLIAN CREEK
- ;r ?' ¦? AT DENVER, N. C.
COUNTY OF LINCOLN
,r.....•..,.....,,.,,., APPLICATION BY MARTIN MARIETTA AGGREGATES
P, ,
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.?",,,?. STAT£ o
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
August 18, 1986
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
0439
The attached U. S. Army Corps of Engineers Public Notice No. IZA dated
-8/14186 describing a project proposed by Mairtin Marietta Aggrefates
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please.indicate below your agency's position or viewpoint on the proposed
project and return this form by 9/10/86
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed 6IV-"`
Date
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
4J#
AUG 1 1936
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-055-0439
COASTAL. RESOURCES COMM.
August 14, 1986
PUBLIC NOTICE
MARTIN MARIETTA AGGREGATES, Post Office Box 30013, Raleigh, North Carolina
27622 has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN A TRIBUTARY OF KILLIAN CREEK NEAR DENVER, Lincoln County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show relocation of a portion of the existing creek channel. The
new run will be constructed up to 125 feet from the natural channel.
Excavated material from the new channel (750 feet long by 35 feet wide by 4.5
feet deep) will be used to fill in the old channel (750 feet long by an
average 10 feet wide by an average 2 feet deep). An estimated 600 cubic yards
of material will be placed below the ordinary high water contour. All excess
material will be removed to an off site disposal area. No wetlands are
present within the project site. The purpose of the stream relocation is to
provide for better erosion control. Plans showing the work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) 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 worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes 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.

S -re
PROPOSED STREAM RELOCATION
NEAR KILLIAN CREEK
AT DENVER, N.C.
COUNTY OF LINCOLN
APPLCATION BY MARTIN MARIETTA AGGREGATES
SHEET I OF 3
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PROPOSED STR

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APPLICATION BY MARTIN MARIETTA AGGREGATES
SHEET 3 OF 3

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