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HomeMy WebLinkAbout20060157 Ver 1_COMPLETE FILE_20060131- of WA T§ Michael F. Easley, Governor 0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 7, 2006 DWQ Project # 2006-0157 Mitchell County Michael Vencill, Plant Manager Unimin Corporation Post Office 588 Spruce Pine, NC 28777 pa? Subject Property: Crystal Plant APR 1 7 2006 North Toe River Intake and Access Road WERMW AND i ?iNRMTM BMW" DENR - WATER QUALITY Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Vencill: t You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 60 linear feet of streams for the purpose of property access and water supply at the subject property, as described within your application dated Janurary 31, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 and 3374 (GC3402 & GC3374). The Certification(s) allows you to use Nationwide Permit(s) 12 and 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Intemet: hfp://h2 o. en r.state.nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper N"oo` Carolina Xaturally North Toe River Intake and Access Road Page 2 of 6 April 7, 2006 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated WetlandPermit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 30 (feet) UT to Grassy Creek Stream 20 (feet) North Toe River M Stream 10 (feet) North Toe River 2. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best lvianagement Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the Xorth Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control :Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste Spoil, _Solids, or- Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. North Toe River Intake and Access Road Page 3 of 6 April 7, 2006 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with this issued Certification. li 8. Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the shoreline associated with those impacts authorized. Disturbed areas must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) 8. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. North Toe River Intake and Access Road Page 4 of 6 April 7, 2006 9. No Impacts Beyond those in Application \o waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 10. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated _ program has released the project. _ 11. Trout Moratorium The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. 12. Deed Restrictions Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers on the entire site in order to assure compliance from future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 13. Temporary Fills All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectionaLdimensions, planform - pattern, and longitudinal bed and bed profile after construction is complete or within 6 months of the establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. North Toe River Intake and Access Road Page 5 of 6 April 7, 2006 14. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. North Toe River Intake and Access Road Page 6 of 6 April 7, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or in the DWQ Regional Office at Sincerely, ???t ?. ?"??UZtJ z Alan W. Klimek, P.E., Director Division of Water Quality AWK/khb Enclosures: GC 3402 & GC 3374 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Harry Buckner, P.E. McGill Associates Post Office Box 2259 Asheville, NC 28802 USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office File Copy Central Files Filename: 06-0157.Unimin.NorthToeRiverIntakeandRoadAccess.Approval r S .-I t Aim O to-- 0? S") 0 North Carolina Wildlife Resources Commission 0 Richard B. Hamilton, Executive Director MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers , ?- Ron Linville, Regional Coordinator 'Po' FROM: Habitat Conservation Program FFH t 7 '1006 DATE: February 24, 2006 DENr< - WAI LR QUALITY WETLANDS FND STGRISNATER EMICH SUBJECT: Unimin Corporation - North Toe River Intake and Access Road, Mitchell County Unimin Corporation is requesting a letter of concurrence from the North Carolina. Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 $tat. 401, as amended; 16 U.S.C. 661-667d). T e proposed project is to construct a 4,000 foot road and a total of four HDPE pipes (6-inches (a' h) between the North Toe River and the manufacturing facility. An intake is proposed as well as a raw water wet well and pump. Impacts are indicated for 30 of an Unnamed Tributary Grassy Creek and 30' of the North Toe River. The withdrawal will have a capacity of 250 gallons per minute. A site visit was conducted by Bob Brown, Fish biologist and Jeff Simmons, Aquatic biologist on February 17, 2006. The Appalachian elktoe, Alasmidonta raveneliana (FE, NCE) is currently found near Penland and the Wavy-rayed lampmussel, Lampsilis fasciola (NCSC) has a similar distribution in the North Toe. Habitat is recovering for both of these species upstream towards Spruce Pine. Sharphead darter, Etheostoma acuticeps (FSC, NCT); olive darter, Percina squamata (FSC, NCSC); blotched chub, Erimystax insignis (FSC, NCSR); are also present in the North Toe River to just upstream from Spruce Pine. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Unimin Intake -Page 2 - February 24, 2006 Based on the information provided by the applicant and our knowledge of the project area, we do not believe this project will cause significant effects to waters providing the following non- prioritized conditions are fully implemented: 1. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124). 2. Areas disturbed by the project must be immediately stabilized and replanted with annual plants for short-term stabilization and autochthonous perennial plants for long-term stabilization. 3. Water pipes installed through streams must be buried a foot below the thalweg depth or installed so as not to deter aquatic life passage. 4. Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life- passage. These measurements must be based on natural thalweg depths. 5. If any concrete will be used, work must be accomplished so that wet concrete does not contact stream water. 6. Intake structures should utilize passive screens with openings not to exceed 1 centimeter with a maximum intake velocity of 0.5 fps (feet per second). 7. Intake structures should be installed in a manner that reduces impacts to benthic organisms and ensures aquatic life passage along the streambed. 8. Excavated materials should not be stockpiled where sediment can wash away or erode to surface waters. 9. Intake structures should be marked in a manner that will reduce hazards to navigation and recreation during and after construction. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Ec: Cyndi Karoly, DWQ-Raleigh Kevin Barnett, DWQ-ARO Bryan Tompkins, USFWS Triage Check List Date: 2/17/06 Project Name: North Toe River Intake & Access Rd DWQ #:06-0157 County: Mitchell Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 2/16/06 to 4/16/06 A From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! r 1 McGill A S S O C I A T E S February 15, 2006 FEB 1 6 2006 'JJ DENR -WATER QUALITY WETLANDS AND STORIAWATER BRA14CH Ms. Cyndi Karoly Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 }} RE: DWQ# 06-0157 Unimin Corporation, Crystal Plant North Toe River Intake and Access Road Mitchell County, North Carolina Dear Ms. Karoly: Please find enclosed a $200 application fee for the subject project. If you should have any questions or comments regarding this, do not hesitate to call me. Sincerely, TES, P.A. 05176\permits\CK-15feW6-Cyndi Karoly-DWQ.doc E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • FAX 828-252-2518 W ATF9Q Michael F. Easley, Governor William G. Ross Jr., Secretary \0 D ?? f) North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Q Division of Water Quality FEB 6 2006 Coleen H. Sullins, Deputy Director Division of Water Quality DENR-V4AIERQU! u WETl1 @S AND STORMWATERBRA.".cH February 1, 2006 DWQ # 06-0157 Mitchell County CERTIFIED MAIL /"'`1 j (? I(hl c1Lt <r , , 60) McGill Associates,,. .S?.?C. ° F,1 ri1a? Attn: Harry Buckner, PE PO Box 2259 Asheville, NC 28802 r _ . ., r Subject: North Toe River Intake and Access Road/Unimin Corp. Tile `?------ Application Fee Payment Mr. Buckner: On January 31, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application and check in the amount of $300.00 on behalf of Unimin Corporation for a 401 Water Quality Certification in Mitchell County, North Carolina. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. The North Toe River Intake & Access Road project reflects perennial, temporary/permanent stream impact total of 60 linear feet. In order for DWQ to begin review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality. Please reference the above DWQ # in all future correspondence. Your check is being returned for correction of payment amount. The project has been placed on hold pending receipt of payment. If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919) 733-1786. Enclosure: Check #49303 for $300.00 CBK/ jd me rely Cyndi roly cc: Michael Vencill, Plant Manager, Unimin Corporation, Crystal Plant, PO Box 588, Spruce Pine NC 28777 File copy + check copy Central Files + check copy 06-0157 North Toe River Intake/Unimin (Mitchell) Hold for Fee N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o,enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 F45Ei-R f QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality ,n W?T CERTIFIED MAIL February 1, 2006 DWQ # 06-0157 Mitchell County McGill Associates Attn: Harry Buckner, PE PO Box 2259 Asheville, NC 28802 Subject: North Toe River Intake and Access Road/Unimin Corp. Application Fee Payment Mr. Buckner: On January 31, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application and check in the amount of $300.00 on behalf of Unimin Corporation for a 401 Water Quality Certification in Mitchell County, North Carolina. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. The North Toe River Intake & Access Road project reflects perennial, temporary/permanent stream impact total of 60 linear feet. In order for DWQ to begin review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality. Please reference the above DWQ # in all future correspondence. Your check is being returned for correction of payment amount. The project has been placed on hold pending receipt of payment. If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919) 733-1786. Enclosure: Check #49303 for $300.00 CBK/ jd qCyndm rel i roly cc: Michael Vencill, Plant Manager, Unimin Corporation, Crystal Plant, PO Box 588, Spruce Pine NC 28777 File copy + check copy Central Files + check copy 06-0157 North Toe River Intake(Unimin (Mitchell) Hold for Fee N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Cl Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. 2 0 0 60 15 7 If any particular item is not applicable to this,project,,plea4e enter "Not Applicable" or "N/A" rather than leaving the space blank. W 1. Processing ? `c' ((?? p ??J 1. Check all of the approval(s) requested for this project: 20Qs ® Section 404 Permit JPN ? Section 10 Permit DENFt WF+IER?A ERBRI??CH ® 401 Water Quality Certification v?j?los NAND sj(y ? F-1 Riparian or Watershed Buffer Rules II. 2. Nationwide, Regional or General Permit Number(s) Requested: 12 and 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? Applicant Information 1. Owner/Applicant Information Name: Unimin Corporation, Michael Vencill, Plant Manager Mailing Address: Crystal Plant P.O. Box 588 Spruce Pine, NC 28777 Telephone Number: (828)765-1114 Fax Number: (828)765-4755 E-mail Address: mvencill a,unimin.com 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Harry Buckner. P.E. Company Affiliation: McGill Associates Mailing Address: P.O. Box 2259 Asheville, NC 28802 Telephone Number: 828-252-0575 Fax Number: 828-252-2518 E-mail Address: hbbuckner(-,mmillengineers.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: North Toe River Intake and Access Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 001053511, 002020584 4. Location County: Mitchell Nearest Town: Spruce Pine Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc: From Highway 19E in Spruce Pine, proceed south on Highway 226 approximately 2 miles to Carter's Ridge Road on the left, iust before the large commercial developments Turn left on Carter's Ridge Road; proceed approximately 1 mile to the entrance of the Unimin Crystal Plant on the left. Turn left into the site and phone the front desk from the security gate Plant personnel will direct you to the protect site and are required to admit and accompany all visitors. 5. Site coordinates, if available (UTM or Lat/Long): N/A (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Wooded, Industrial 7. Property size (acres): 84.53 ac and 69.36 ac. for a total of 153.89 8. Nearest body of water (stream/river/sound/ocean/lake): North Toe River 9. River Basin: French Broad River Basin Page 6 of 12 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/neaps/.) 10. Describe the purpose of the proposed work: This Project consists of the construction of a 4000 LF Access Road and four 6" HDPE pipelines between the existing manufacturing facility and the North Toe River. At the intake site, work consists of the installation of one (1) passive intake screen on the creek bottom and a raw water wet well and pump building. Short lengths of intake line will be subagueously installed from the screens to the existing wet well/pump station. Inflatable coffer dams, trackhoes, and hand tools will be used for installation of appurtenances in the creek channel 11. List the type of equipment to be used to construct the project: Backhoe, Bulldozer, Road grader, Front-end Loader, Dump Trucks, Inflatable coffer dams, trackhoes, and handtools will be used for installation of appurtenances in the creek channel 12. Describe the land use in the vicinity of this project: Industrial. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N.A. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N.A. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent Page 7 of 12 and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no) Distance to Nearest Stream feet Type of Wetland*** N.A. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:///ww-w.fenia.sov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases ecif 1 Culvert 30' UT to Grassy Creek 8' Perennial 2 Temporary excavation for screen & pipe installation 20' North Toe River 100' Perennial 3 Water outlet structure 10' North Toe River 100' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Page 8 of 12 ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com, wtivw.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 40' 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Name Waterbody ) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. 0 " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. To the greatest extent possible, crossings have been minimized. Culverts are as short as possible and stream revisions are only proposed as seen necessary to provide stable channel adjacent to the proposed road embankment. Page 9 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newetlands/strmgide.htnil. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N.A. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at ht!p:!/h2o.enr.state.nc.us/M/inde?.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 IX. i Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify, )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. _ The total site has an existing pervious area greater than 100 acres. We will be creating 0.01 acres of impervious. Erosion control measures will be installed and maintained Vegetation will be established as soon as practical. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Y-n -7 LLL92 1/Z4/O?ODate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 R12@2- ?.J I i 112 0 GRASSY CREEK SITE VICINITY MAP APPLICANT: PROJECT. UNIMIN CORPORATION, CRYSTAL PLANT NORTH TOE RIVER INTAKE AND ACCESS ROAD P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 ADJACENT PROPERTY OWNERS: 1. UNIMIN CORPORATION PROPOSED CONSTRUCTION: RAW WATER INTAKE, 2. ROBERT L. BAILEY AND WIFE DONNA A. BAILEY INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: EXISTING WATER TREATMENT PLANT PROPERTY 55 BRO.&D STREET. McG1*11 OFF OF US 64W ASHEVILLE, h0' PH. (829) 252-0575 j FAY (628) 252-251F COUNTY: STATE: a MITCHELL NORTH CAROLINA A S S O C I A T E S SCALE: NONE DATE: JANUARY 2006 SHEET 1 OF 4 ENGINEERING •PLANNING•FINANCE C Unimin Corporation 2006. This drawing is the exclusive property of Unimin Corporation and contains information, which is proprietary to Unimin Corporation. It may not copies or duplicated without the prior written consent of Unimin Corporation. Any authorized reproduction of this drawing or any portion thereof shall include this notice. JAN 3 1 2006 CENR - WAFER WALITY \ `2854.48- \ \ IN, I ? v? IYPACT`/1 \ \ \ \\ \ -2&f OF 48?C? \ \ \? \ \ ?'?? O 2.OX SLOPE \\ \\ \ \\ _ 0 0 / APPLICANT: UNIMIN' CORPORATION, CRYSTAL PLANT P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 PROPOSED CONSTRUCTION: RAW WATER INTAKE, INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: . EXISTING WATER TREATMENT PLANT PROPERTY OFF OF US 64W COUNTY: I STATE: SCALE: NONE I DATE: JANUARY 20061 SHEET 3 OF 4 ------------'- ------ PROJECT: NORTH TOE RIVER INTAKE AND ACCESS ROAD ADJACENT PROPERTY OWNERS: 1. UNIMIN CORPORATION 2. ROBERT L BAILEY AND WIFE DONNA A. BAILEY BROAD SMEET. (1328) 252-4575?-:'-?; {a2aj zsz-25i?? = McGl*ll A S S 0 C I A T E S ENGIir%Is' ?LId G • PL kNNING « FINANCE 19Q?M\'yjLE5I 34N, 1 2006 ;i I'm i!Y _,AMPACT /2 TAINLESS-STEEL SCREEN / S (SEE ;AEET SHE9 OF 4) OR PROPOSED I/ TEMPORARY WATER-INFLATED COFFER D AOUABARRIER DEWATERING SYSTEM, 8' H GHT. I ANY ALTERNATIVE COFFER SYSI MUST BE APPROVED BY THE ENGINEER IOR TO I / CONSTRUCTION / L RIP-RAP BACLA NK a ' PROTECTION I ' IMPACT 03 I 6' SCHARGE -? / P At? FR / ?r r?"?f? /// / 5 6' CONCR Z 5, -4 APPLICANT: UNIMIN CORPORATION, CRYSTAL PLANT P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 PROPOSED CONSTRUCTION: RAW WATER INTAKE, INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: EXISTING WATER TREATMENT PLANT PROPERTY OFF OF US 64W Ydi`l ° tY?? rtnr.ninlFR RRANLh / / - DIP AIR UP l/ 10' GATE\VALVE \\ \\ / r 1 4' CONCRETE \?\ SIDEWALK `1 TEMPORARY SEDIMENT ?-? TRAP ( SEE SHEETS Ct-C3 FOR EROSION \ \ \ \ -,,CONTROL) PROJECT. NORTH TOE RIVER INTAKE AND ACCESS ROAD ADJACENT PROPERTY OWNERS: 1. UNIMIN CORPORATION 2. ROBERT L. BAILEY AND WIFE DONNA A. BAILEY BROAD STREETS _ • IEVILLE, NC k (828) 252-0575 (G28) 252-2518 ?' r? McGill A S S O C I A T E S E dGIiVEF.IIENG • PLANNING • F'INANC,E COUNTY: STATE: MITCHELL NORTH CAROLINA SCALE: NONE DATE: JANUARY 2006 SHEET 2 OF 4 PASSIVE INTAKE SCREEN, TIZ MODIFIED AS SHOWN, Ale BY EN O ? JOHNSON i SCREEN. OR R EQUAL f?1 t- FLOW ar ? ?0w12 PROPOSED "A"SE ° ?? FLANGE JAN 3 1 2006 6' RAILROAD BALLAST BASE UNDER SCREEN BOTTOM DENR - WAl"ck QUALITY PROPOSED WETLANDS AND STORId MATER ERANCH CONCRETE ENCASEMENT PROPOSED 1' STEEL AIR LINE, 10-YPR 1 FLANGED TEE, SUPPLIER VERIFY SrZE MAiN SCREQI SYSTEIA rxll to' BUNG FLANGE, CONNECT TO PROPOSED 10' DIP RAW WATER LANE q I ?? - q 10' DIP RAW WATER LINE PROPOSED PASSIVE INTAKE SCREENS PLAN .Nor m suLt JIM uM I.. UW INFO=) FLOW I 6. M I. 7/1>! PROPOSED 6'-12' RIP-RAP BASE r-? CONNECT AIR LINE TO FLANGE UNDER SCREEN BOTTOM (TYP•) AT BASE OF SCREEN PROPOSED 1' STEEL Alt LMIE, VERIFY ZE WITH SCREEN SYSTEM SUPPLIER ' PROPOSED J `PROPpSED 10'IAO'aIO* FLANGED TEE. 10' OP RAIN WATER LINE 10' BUIW FLANGE. CONNECT TO PROPOSED Ur DP RAW WATER LINE PROPOSED CONCRETE ENCASEMENT PROPOSED PASSIVE INTAKE SCREENS SECTION A-A Nor ro SCAM RAW WATER INTAKE SCREENS NO SCALE APPLICANT: PROJECT: UNIMIN CORPORATION, CRYSTAL PLANT NORTH TOE RIVER INTAKE AND ACCESS ROAD P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 PROPOSED CONSTRUCTION: RAW WATER INTAKE, INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: SOUTHEAST CORNER OF SPRUCE PINE OFF OF STATE ROUTE 226 '_`• B'RI AUSIRLLI: • ASHEVI1_LL. NC; PI1.IS2Si252-0 7' FAX -152-225) 1 COUNTY: STATE: McGlll MITCHELL NORTH CAROLINA" A S S O C I A T E S SCALE: NONE DATE: JANUARY 2006 SHEET 4 OF 4 ENGINEERING-PLANNING-FINANCE NATIONAL FLOOD INSONANCE 101100NAN FIRM FLOOD INSURANCE RATE MAP MITCHELL COUNTY, NORTH CAROLINA AND INCORPORATED AREAS PANEL 93 OF 125 CONTAINS: COMMUNITY NUMBER PANEL SUFfiX SPRI)CA ?IRE. TANK 9P 370163 0097 C UNINCORPORATED AREAS 370111 9097 C PANEL LOCAMN MAP NUMBER: 3712100093 C EFFECTIVE DATE: SEPTEMBER 2,1988 I I ? I jl I F ii M nay MAnRaement Agency ?y D o ? ;;o M M ti"r L? 3C M rn NNW L151 LYMJ U v I JAN 3 1 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH • l 00 f e, '.?hape 1 _ 4 • f % aw ? '• ti " . ?? r ¦ • r r + • 7 1 ¦ r I i 7D. I t s ) Run ?. 1 01 _ t-D Tonul'tui tle Cwrrtrht r 1"9 Dti.ortn e 1"urmo•1h..lIF; (N(ft Sn• rce Drtt; [iSG S u It I vlr_ I !? m) Uets& I L 3 Lti um! 4LA[]" Office Use Only: 2 0 0 6 0 Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing - 1. Check all of the approval(s) requested for this project: JAN 3 ) 2006 ® Section 404 Permit L&uft - ir'4TLr^: QUALITY ? Section 10 Permit VVEILANDS AND STORMWATERBRANCH ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 12 and 39 3. If this notification is solely a courfesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information Owner/Applicant Information Name: Unimin Corporation, Michael Vencill, Plant Manager Mailing Address: Crystal Plant P.O. Box 588 Spruce Pine, NC 28777 Telephone Number: (828)765-1114 Fax Number: (828)765-4755 E-mail Address: mvencill(i,unimin.com 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Harrv Buckner. P.E. Company Affiliation: McGill Associates Mailing Address: P.O. Box 2259 Asheville, NC 28802 Telephone Number: 828-252-0575 Fax Number: 828-252-2518 E-mail Address: hbbuckner(a)mcgillengineers.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: North Toe River Intake and Access Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 001053511, 002020584 4. Location County: Mitchell Nearest Town: Spruce Pine Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc: From Highway 19E in Spruce Pine, proceed south on Highway 226 approximately 2 miles to Carter's Ridge Road on the left, lust before the large commercial developments. Turn left on Carter's Ridge Road; proceed approximately 1 mile to the entrance of the Unimin Crystal Plant on the left. Turn left into the site and phone the front desk from the security gate. Plant personnel will direct you to the proiect site and are required to admit and accompany all visitors. 5. Site coordinates, if available (UTM or Lat/Long): N/A (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Wooded, Industrial 7. Property size (acres): 84.53 ac and 69.36 ac. for a total of 153.89 8. Nearest body of water (stream/river/sound/ocean/lake): North Toe River 9. River Basin: French Broad River Basin Page 6 of 12 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/ih2o.enr.state.nc.us/adniin/naps/.) 10. Describe the purpose of the proposed work: This proiect consists of the construction of a 4000 LF Access Road and four 6" HDPE pipelines between the existing manufacturing facility and the North Toe River. At the intake site, work consists of the installation of one (1) passive intake screen on the creek bottom and a raw water wet well and pump building. Short lengths of intake line will be subagueously installed from the screens to the existing wet well/pump station. Inflatable coffer dams, trackhoes, and hand tools will be used for installation of appurtenances in the creek channel 11. List the type of equipment to be used to construct the project: Backhoe, Bulldozer, Road grader, Front-end Loader, Dump Trucks, Inflatable coffer dams, trackhoes, and handtools will be used for installation of appurtenances in the creek channel 12. Describe the land use in the vicinity of this project: Industrial. i IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N.A. V. ! Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N.A. VI. i, Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent Page 7 of 12 and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of Wetland*** N.A. i * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) 1 Culvert 30' UT to Grassy Creek 8' Perennial 2 Temporary excavation for screen & pipe installation 20' North Toe River 100' Perennial 3 Water outlet structure 10' North Toe River 100' Perennial List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Page 8 of 12 i I ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs..gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., WN"V.topozone.com, www.niaPguest.coni, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 40' 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. 0 List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation r If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. To the greatest extent possible, crossings have been minimized. Culverts are as short as possible and stream revisions are only proposed as seen necessary to provide stable channel adiacent to the proposed road embankment. Page 9 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp:/Ai2o.enr.state.nc.us/ncwctlaiids/sti-nip i de.htm 1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N.A. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at httn://h2o.enr.state.nc.tis/m/index.htni. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been -finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260. XI. Stormwater (DWQ Only) XII. X1 11. XIV. Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The total site has an existing pervious area greater than 100 acres. We will be creating 0.01 acres of impervious. Erosion control measures will be installed and maintained Vegetation will be established as soon as practical. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature / ZL/O(Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 RR@0-U V JAN 3 1 2006 WETLAhD$AldD STORP.f1ATER BRAPJCH VICINITY MAP APPLICANT: PROJECT: UNIMIN CORPORATION, CRYSTAL PLANT NORTH TOE RIVER INTAKE AND ACCESS ROAD P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 PROPOSED' CONSTRUCTION: RAW WATER INTAKE, INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: EXISTING WATER TREATMENT PLANT PROPERTY OFF OF US 64W ADJACENT PROPERTY OWNERS: 1. UNIMIN CORPORATION 2. ROBERT L. BAILEY AND WIFE DONNA A. BAILEY COUNTY: STATE: MITCHELL NORTH CAROLINA SCALE: NONE DATE: JANUARY 2006 SHEET 1 OF 4 U Unimin Corporation 2006. This drawing is the exclusive property of Unimin Corporation and copies or duplicated without the prior written consent of Unimin Corporation. Any authorized BROAD 5T11 I'll i ' iMLLE. 11C (828 252-2575; _ (S28) } 252-2518j McGill A S S O C I A T E S ENGINEERING • PLANNING • FINANCE contains information, which is proprietary to Unimin Corporation. It may not I production of this drawing or any portion thereof shall include this notice. -------,\ \ `2654.48 11.1 IN, JAN 3 1 2006 EIS: As t. ??H7 E?',Alv'Sk±? \ \\\\ \ IN, Ns' \\ \ \ \\ \ \\\\ \\ \\ \ I O 2.0% SLOPE \ \ \\ 1 LE.- ?oo / i ' J ? \ \ \ \ \ \\?? ?' ?-------'-- \ \ \ \ \ ?- APPLICANT: PROJECT: UNIMIN CORPORATION, CRYSTAL PLANT NORTH TOE RIVER INTAKE AND ACCESS ROAD P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 ADJACENT PROPERTY OWNERS: 1. UNIMIN CORPORATION PROPOSED CONSTRUCTION: RAW WATER INTAKE, 2. ROBERT L BAILEY AND WIFE DONNA A. BAILEY INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: EXISTING WATER TREATMENT PLANT PROPERTY 55 BI:OkD s r. • OFF OF US 164W as?21, r1c` , PH. (E213 1 252-075? Fez (828) 252zW COUNTY: STATE: McGlll MITCHELL NORTH CAROLINA "- SCALE: NONE DATE: JANUARY 2006 SHEET 3 OF 4 ENGI??!.',PINGsP?ylt lilNG-FINANCE JAN 3 1 2006 tiVVE DQNANO ST X1,11 ATERBR/?J r 1 ,,*ST (SEE AINLE?SIM SCREEN JAEET C7) OR (COR SH E9 OF 4) WP AIR UN TEMPOORARY WATER-INFLATED COFFER D I' AOUABARRIER DEWATERING SYSTEM, 5' Hy, HT. 1 ANY ALTERNATIVE COFFER DAM SYS UST BE APPROVED BY THE ENGINEER IOR TO CONSTRUCTION i I ( 20 TONS CLASS U I RIP-RAP BANK I PROTECTION I IMPACT /3 6' SCHARGE - P" E? FROM /. uil ./; 5 6' CONCR APPLICANT: UNIMIN CORPORATION, CRYSTAL PLANT P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 y." PROPOSED CONSTRUCTION: RAW WATER INTAKE. INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: EXISTING WATER TREATMENT PLANT PROPERTY OFF OF US 64W COUNTY: STATE: MITCHELL NORTH CAROLINA SCALE: NONE DATE: JANUARY 2006 SHEET 2 OF 4 10' GATENVALVE j r? 4' CONCRETE SIDEWALK 'TEMPORARY SEDIMENT -? TRAP ( SEE SHEETS \ \ \ CI-C3 FOR EROSION \\ \ CONTROL) 10' Y11\\\ \\ \ \ =?.\ \ VE"AC`CESS\\ \\ \ PROJECT. NORTH TOE RIVER INTAKE AND ACCESS ROAD ADJACENT PROPERTY OWNERS: 1. UNIMIN CORPORATION 2. ROBERT L. BAILEY AND WIFE DONNA A. BAILEY BROAD STREET IEVILLE. NCI 'r.• (828) 252-0575 (ezs) z5z-zSISI^ McGI*ll A S S O C I A T E S ENGINEERING • PLANNING • FINANCE PASSIVE INTAKE SCREEN. T14. maxnm AS SHOWN, BY HENDRICK SCREEN. JOHNSON SCREEN. OR EQUAL FLOW REA CONNECT AIR LINE GE PROPOSED AT BASE OF SCREEN B' RAILROAD BALLAST JAN 3 1 2006 BASE UNDER SCREEN BOTTOM cnPa PROPOSED DENR - WATER QUALITY CONCRETE ENCASEMENT ',VETIANDS AN ID STORNMATER BRMZIi PROPOSED 1' STEEL AM LANE. PROPOSED VERIFY SZE WITH SCREEN SYSTEM 10'xlo'x10' FLANGED TEE. SUPPLIER 10' BLIND FLANGE. CONNECT To PROPOSED 10' DIP RAW WATER LANE 6-1 PROPOSED A 10' DP RAW A WATER LINE i PROPOSED PASSIVE INTAKE SCREENS PLAN NOT To SOME JNP um 0.. ow (rNlW .-0' FLOW -y a.. OW PROPOSED . E'-12' RP-RAP BASE -cr 4=' CONNECT AIR LINE TO FLANGE UNDER SCREEN BOTTOM ' AT BASE OF SCREEN (TIP' -I ` PROPOSED Y STEEL AIL LINE, VERIFY SIZE WITH SCREEN SYSTEM SUPPLIER PROPOSED PROPOSED 10'x10'x/0' FLANGED TEE, 10' DP RAW WATER UWE 10' BLIND FLANGE. CONNECT TO PROPOSED 10' OP RAW WATER LINE pROpOSED CONCRETE ENCASEMENT L PROPOSED PASSIVE INTAKE SCREENS SECTION A-A Noy TO SCME RAW WATER INTAKE SCREENS NO SCALE APPLICANT: PROJECT. UNIMIN CORPORATION, CRYSTAL PLANT NORTH TOE RIVER INTAKE AND ACCESS ROAD P.O. BOX 588 OR 136 CRYSTAL DRIVE SPRUCE PINE, NORTH CAROLINA 28777 PROPOSED CONSTRUCTION: RAW WATER INTAKE. INSTALLATION OF PASSIVE INTAKE SCREEN AND WETWELL/PUMP STATION 4000 LF OF ACCESS ROAD LOCATION: SOUTHEAST CORNER OF SPRUCE PINE OFF OF STATE ROUTE 226 5513ROAD • ASHEVII_LE. VILIS-lls)251-? 71 McGi MITCHELL NORTH CAROLINA A S S 0 C I El T E S SCALE: NONE DATE: JANUARY 2006 SHEET 4 OF 4 ENGINEERING •PLANNING- FINAINCE NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP MITCHELL COUNTY, NORTH CAROLINA AND INCORPORATED AREAS PANEL 93 OF 125 CONTAINS: COMMUNITY NUMBER PANEL SUFFIX SPRUCE PINE, TONTI OF 370163 0093 C UNINCORPOAU[O AAIAS 770161 8093 C PANEL LOCATON MAP NUMBER: 37121CO093 C EFFECTIVE DATE: SEPTEMBER 2,1998 a Fr l M X ?-A 2 N > O ? ?+7 _? CT U tit! C=?VLrU V Lt3 I"1 W JAN 3 1 2006 DENR - WAT ER QUALITY >ET'IANDS AND STORvi'iATER BRANCH I\r .111 111 ?? +?` _ t • M+ m ? ///777 z ?' • R ? Y • . a? • til ; f 1 tin• '+J ti Y r ??r + M It ? ir- 11 Y Leo ./? S 1 (A . e J rr ? r ? Z-DTonoOm dlCwrritht -r 1"9lkl.rrm rl'ur ,.lh-.IEUlift sn rrel/mtm [iSl.. S1 i11 -1v i • ti1Nll 16+111• 1 Lt [la-, v.Lil" 2 0 0 6 0 1 5 7 ` MGM A S S O C I A T E S January 26, 2006 Mr. John Domey Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Dorney: <3 spy Y : 5 i S! RE: Preconstruction Notification Unimin Corporation, Crystal Plant North Toe River Intake and Access Road Mitchell County, North Carolina Please find enclosed a submittal package including seven (7) copies of the executed Preconstruction Application, location map, plan and details and $200 application fee for the subject proj ect. As part of the project we will be installing 26 LF of RCP Pipe with headwalls for a roadway crossing over an UT to Grassy Creek. In addition to the road crossing we will be installing a raw water intake facility and discharge pipe into North Toe River. If you should have any questions or comments regarding this application, do not hesitate to call me or Harry Buckner. Sincerely, cc. Michael T. Vencill J. Michael Pace, P.E 05176\permits\JD-27Jan06-John Domey-DWQ.doc McGILL ASSOCIATES, P.A. GARY WOOD JAN 3 12006 WEP DENR - WATER QUALITY •AMSAtdD STORtIV?ATER ERANCH E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • FAX 828-252-2518 4y5UL N.C. Department of Water Quality Tran # Invoice Type Date Refer,, rice 41035 021006 Invoice 02/10/06 D 6 F EB ? 6 200 QUXU1 uENK " ? STpRp?WATER B NCH 'aUET'ANDS ? Check Number: 49502 Date: 2/10/2006 Check Amt: $200.00 Balance Discount Pay Amount $200.00 $0.00 $200.00