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HomeMy WebLinkAbout20060635 Ver 1_COMPLETE FILE_20060411LOUHROCK° --)Uj(? Z-OOG G(35 CAROLINA SUNROCK LLC May 18, 2006 Mr. Eric Alsmeyer Regulatory Project Manager Raleigh Field Office 6508 Falls of Neuse Road, Suite 120 -- Raleigh, NC 27615-6814 Re: Corps Action ID#200620210 Dear Mr. Alsmeyer, Tony L Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 I am pleased to request the withdrawal of our application for an individual permit (after-the-fact) for our Kttrell Quarry Site. We have decided that we can complete the required constriction of the Railroad Spur and stockpile area without requiring the 1.49 acres of wetlands. We intend to complete removal of the fill and restore the area as required. : Thank you for your time and assistance. If this does not meet with your requirements, please contact me. Sincerely; Carolina Sunrock LLC ony a e, C.P.E.S.C. Compliance Manager CC: Ms. Cyndi Karoly, DWQ MAY 3 0 2006 tJEN r6r ?,i W,,?l y?^ !+w r r to ,tiG; ,.1?. 'AA tsample@thesunmckgroup.cmn Phone: 919.575A502 Fax: 919.575.4510 www.thesunrockgroup.com GOUHROCK0 oL,-Dujs CAROLINA SUNROCK LLC 0'T Tony L. Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 May 18, 2006 Mr. Eric Alsmeyer Regulatory Project Manager Raleigh Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615-6814 Re: Corps Action ID#200620210 Dear Mr. Alsmeyer, DENR - WATER QUALITY tNETMANDS AND STORMMIER BRANCH I am pleased to request the withdrawal of our application for an individual permit (after-the-fact) for our Kittrell Quarry Site. We have decided that we can complete the required construction of the Railroad Spur and stockpile area without requiring the 1.49 acres of wetlands. We intend to complete removal of the fill and restore the area as required. Thank you for your time and assistance. If this does not meet with your requirements, please contact me. Sincerely; Carolina Sunrock LLC ony a e, C.P.E.S.C. Compliance Manager CC: Ms. Cyndi Karoly, DWQ trample@thesunrockgroup.com Phone: 919.575.4502 Fax: 919.575.4510 V@[20W'ffl D MAY 2 2 2006 www.thesunrockgroup.com .-.4 .. 0:T' ?__ 00- DEPARTMENT OF THE ARMY , WILMINGTON DISTRICT, CORPS OF ENGINEERS 50° P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ^ ' tt ATTENTION OF May 1, 2006 ka!'L ap- Regulatory Division/1145b SUBJECT: Action ID 200620210 Mr. Tony Sample Compliance Manager Carolina Sunrock, LLC Post Office Box 25 Butner, North Carolina 27509 Dear Mr. Sample: Mg 5 2006 DENR - \NATER QUALITY mpg AND ST0M MATER BRAN On January 24, 2006, you applied for Department of the Army authorization (partial after- the-fact) for impact to a total of 1.52 acres of wetlands and 62 linear feet of stream associated with a widened road crossing and a new stockpile area adjacent to a new railroad siding, at your stone quarry and process plant south of Kittrell, in Vance County, North Carolina. In response to the public notice for your proposal, Mr. Robert McGhee and the North Carolina Wildlife Resources Commission submitted comments and recommendations on your application by letters dated April 26 and 27, 2006, respectively (copies enclosed). Some of these recommendations are due to anticipated adverse environmental effects. We recommend that you respond to these comments within 30 days to ensure timely processing of your application and resolution of the violation. Specifically, please respond whether or not you will comply with the recommendations, and if not, why not. I am responsible for processing your application and I am available to assist you at telephone (919) 876-8441, extension 23, if you have any questions or comments. Sincerely, ZL?07 Eric C. Alsmeyer Regulatory Project Manager Raleigh Field Office Enclosures Copies Furnished (with enclosures): Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, NC 27699-1650 a= RECEIVED 4/26/2006 APR 2.7 2006 Robert McGhee RALEIGHREGULATORYFIELD OFFICE 2231 US Hwy. 1 South Kittrell, NC 27544 Eric Alsmeyer Wilmington District, Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615-6814 RE: Corps Action ID # 200620210 Dear Sir: I was appalled to learn that something like this could happen in the year 2006. How could a company with the environmental impact potential of this company not know that you must obtain permits before this type of work commences. Now the damage, or at least part of the damage, is done. Can this environmental and wildlife damage be corrected? Is a company that does this type of thing to be trusted running an operation, with potentially high magnitude environmental/wildlife impact, right on the banks of Tar River? What other environmental violations have been covered up at this site? Is this why they are so intent on not letting the public see what is going on behind those barbed wire guarded fences? I think this company needs to learn a lesson, a lesson that will hopefully keep this type of damage/violation from happening again. I'm not familiar with all of the aspects of the Clean Water Act but after reading this notice I have to wonder if the proper regulatory agency has conducted an inspection of this site since it began operation. After this incident 1 think that inspections siiould occur on a regular basis. If this company is willing to destroy wetlands without even so much as second thought, what is being discharged into Tar River and what "modifications" are being made to the natural course of the river? What damage to the natural wildlife is being perpetrated behind those guarded perimeters? Are there other environmental laws that are being violated other than the Clean Water Act? I recommend that a temporary denial of the application is made, a substantial fine be levied and that the details of the violation and fine be published in the local newspaper. This would help local citizens to pay more attention to what is going on at the site. After correcting the damage already done, the company would have the option of submitting a new permit after a period of 1 year. Public notice of any further "development" initiated at this site should be made available to the general public via local and state news media. And lastly, a review of other pertinent environmental regulations needs to be conducted at the site to determine if other violations are occurring. It is obvious that this company is not going to do this review on their own, so a third party needs to conduct this review/audit. S North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Mr. Eric Alsmeyer, Raleigh Regulatory Field Office U. S. Army Carps of Engineers FROM: Shari L. Bryant, Pied ont Region Coordinator Habitat Conservation Program DATE: 27 April 2006 SUBJECT: Public Notice for Carolina Sunrock LLC for Construction of Railroad Siding and Stockpile Area (After-the-Fact), Vance County, North Carolina. Action ID No. 200620210 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131 et seq.). Carolina Sunrock has cleared and filled 1.66 acres of wetland in the floodplain of an unnamed tributary to Tar River. The filled wetland was likely an herbaceous scrub-shrub wetland that was formerly a beaver pond that had been drained. Carolina Sunrock has removed the unauthorized fill from a 0.17 acre area within the 50-foot buffer of the tributary; the remaining filled wetland area is 1.49 acres. Carolina Sunrock proposes to construct approximately one mile of new rail spur and an aggregate load-out facility on the upland west of the impacted wetland site. They propose to place additional fill in the 1.49 acres of previously impacted, wetland and the 15 acres of adjacent upland area to construct an aggregate stockpile facility. Also, they propose to widen and improve an existing earthen road for access to the stockpile and load-out facilities. The road improvements require replacing the existing pipes with three, 60-foot corrugated metal pipes and will impact an additional 0.03 acre of wetlands and 52 linear feet of the tributary. The applicant proposes to use preservation of existing wetlands on site and payment to the North Carolina Ecosystem Enhancement Program to mitigate for completed and proposed impacts to wetlands. Details of wetland preservation areas on the site and mitigation requirements have not yet been completed. There are records for the federal species of concern and state endangered yellow lance (Elliptio lanceolata), Atlantic pigtoe (Fusconaia masons), and yellow lampmussel (Lampsilis cariosa); the federal Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 P, -d SZ9L-61riF_966 WeRJg 'I's dSo :Z1 9o La idu Page 2 27 April 2006 Carolina Sunrock, LLC Action ID No. 200620210 species of concern and state significantly rare pinewoods shiner (Lythrurus matutinus); and the state threatened triangle floater (Alasmidonta undulata) downstream in Tar River. We hesitate to concur with the filling of wetlands due to their wildlife habitat value and the well- known beneficial functions they provide for flood control and water quality protection. Likewise, we hesitate to concur with the piping of stream channels due to the potential for long-term and cumulative impacts. Stream piping and placing fill in aquatic resources can result in significant negative impacts to downstream areas and eliminate aquatic and terrestrial wildlife habitat. Should the permit be issued, we recommend the following conditions be incorporated to further minimize impacts to aquatic and terrestrial wildlife resources. 1. To minimize additional stream impacts, while retaining some measure of wildlife habitat, we recommend a 100-foot undisturbed, native, forested buffer along perennial streams, and a 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. In addition, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with stormwater runoff. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. 2. We recommend all remaining wetlands and streams on the site be protected from additional impacts by placing them in a permanent conservation easement to prohibit filling, draining, flooding, and excavation. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the need to fill and culvert, where practicable. If culverts must be used, the culvert should be designed to allow passage of aquatic organisms. Generally, this means that the culvert or pipe invert is buried at least one foot below the natural streambed. If multiple cells are required, the second and/or third cells should be placed so that their bottoms are at stream bankfull stage. This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate movements of aquatic organisms. If culverts are long and sufficient slope exists, baffle systems are recommended to trap gravel and provide resting areas for fish and other aquatic organisms. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. In addition, culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. Finally, riprap should not be placed on the streambed. 4. It is unclear whether construction of the aggregate stockpile facility will increase impervious surface within the watershed. To adequately protect streams, impervious surface should be limited to less than 10% or use stormwater control measures to mimic the hydrograph consistent with an impervious coverage of less than 10%. 5. Specialized efforts and techniques should be implemented to reduce sediment runoff from construction activities. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 6. A detailed mitigation plan should be submitted and approved before any additional impacts occur. E'd S29L-Gipi:-966 queRua '1'S d9o=zT 90 LZ .add R T. Page 3 27 April 2006 Carolina Sunrock, LLC Action ID No. 200620210 Thank you for the opportunity to comment on this project. If we can provide further assistance, please contact our office at (336) 444-7625. cc: Cyndi Karoly, DWQ ec: Sarah McRae, NHP Nolan Banish, WRC t+'d 929L-Sirir-966 lUeR-19 •1 •S d90:21 90 La .ddb U J M US Army Corps PUBLIC NOTICE 4- 19- DLP Of Engineers Wilmington District (After-the-Fact) Issue Date: March 28, 2006 Comment Deadline: April 28, 2006 Corps Action ID #: 200620210 The Wilmington District, Corps of Engineers (Corps) has received an after-the-fact application from Carolina Sunrock, LLC, seeking Department of the Army authorization to impact a total of 1.52 acres of wetlands and 62 linear feet of stream associated with a widened road crossing and a new stockpile area adjacent to a new railroad siding, at their stone quarry and process plant south of Kittrell, in Vance County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.army.mil/wetlands Applicant: Carolina Sunrock, LLC PO Box 25 Butner, NC 27509 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act. Location Carolina Sunrock stone quarry and process plant is located on the east side of US Highway 1 (214 Sunrock Road), southwest of the south end of SR 1552 (South Chavis Road), on the north bank of the Tar River, south of Kittrell, in Vance County, North Carolina. The impact site is adjacent to, and on the west side of, an unnamed tributary to the Tar River, just east of the Seaboard Coastline railroad track, north of the existing Carolina Sunrock quarry and plant facilities, at 36.1793° North, 78.4445° West. The site is in the Tar River Basin (8-Digit Cataloging Unit 03020101). Existing Site Conditions The existing Sunrock property is entirely east of US Highway 1 and north of the Tar River. A Seaboard Coastline Railroad track running north-south divides the developed (quarry/process plant) east portion of the property from a narrow sliver of undeveloped, wooded land that runs along US Highway 1. The northern portion of Carolina Sunrock's property east of the railroad track is mostly undeveloped woodland. Carolina Sunrock has cleared and filled an area on the west side of an unnamed tributary to the Tar River in the northwest portion of the property, just east of the railroad track. The majority of the fill area is on an upland slope adjacent to the floodplain of the tributary; however, Carolina Sunrock also cleared and filled a 1.66-acre area of wetlands in the floodplain adjacent to the tributary, without the required authorization under Section 404 of the Clean Water Act. The filled wetland was, based on the adjacent unimpacted areas, an herbaceous scrub-shrub wetland that was formerly a beaver pond that has been drained. Carolina Sunrock has removed the unauthorized fill from a 0.17 acre area, within the 50 foot buffer of the tributary, so that the remaining filled wetland area is 1.49 acres. An earthen fill road crosses the site and the tributary from west to east just north of the impact site. The road uses two metal pipe culverts (84 and 60 inches in diameter), approximately 18 feet long, for the stream crossing. The areas adjacent to Carolina Sunrock's property to the north and east are generally fields and undeveloped woodlands, with scattered private residences. Applicant's Stated Purpose As stated by the applicant, the purpose of the project is to provide access and an aggregate stockpile area adjacent to a new rail spur and railroad loadout equipment, to expand distribution of construction aggregate potential of this quarry site. Project Description The permit request for a portion of this project is an after-the-fact application. The majority of wetland impacts associated with this permit application have already been completed. This public notice does not imply, on the part of the Corps of Engineers or other agencies, either a favorable or unfavorable opinion of the work performed. This notice is issued to solicit comments regarding the factors on which a final decision will be based. The applicant has agreed to place the project on hold, pending the resolution of the permit application. Further enforcement action, including possible legal action, has been suspended pending the outcome of this consideration. Carolina Sunrock proposes to construct approximately one mile of new rail spur and aggregate load-out facility, off the east side of the existing Seaboard Coastline railroad, on the upland just west of the impacted wetlands site. They also propose to place additional fill, consisting of shot rock up to 20 feet deep and smaller stone material on top, in the 1,49 acres of previously impacted wetlands and the 15 acres of adjacent upland area to the north, to construct an aggregate stockpile facility of approximately 16.5 acres, and propose to widen and improve the existing earthen road for access to the stockpile and load-out facilities. The improved road will require replacing the existing pipes with three corrugated metal pipes, each 60 feet long, which will impact 0.03 acre of wetlands and 52 additional feet of the unnamed tributary to the Tar River. 2 A process (crusher) plant will be constructed on the upland south of the wetland impact site, and conveyors parallel to the railroad spur will carry the crushed rock to the stockpile area, using screens to separate the different sized products into separate piles. Carolina Sunrock states that, as a result of the existing topography and location of the tributary, the railroad spur has to be constructed at the proposed location along the existing track, and constructing the plant over existing stone reserves or having to double handle the aggregate products (hauling processed stone from a process plant stockpile to a loading stockpile) are not legitimate options financially, based on the market price of stone and the additional cost. In addition, Carolina Sunrock states that a typical process plant and associated stockpiles cover approximately 18 to 20 acres, but that by constructing the plant on the upland south of the site and using conveyors, they can fit the stockpiles and load-out facility in the 16.5 acre area. Carolina Sunrock proposes to use preservation of existing wetlands on their Kittrell property and use of the North Carolina Ecosystem Enhancement Program to mitigate for the completed and proposed impact to wetlands. Details of the available wetland preservation areas and mitigation requirements have not yet been completed. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by April 21, 2006. Cultural Resources The Corps has consulted the latest published version of the National Register of I Iistoric Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps of Engineers is soliciting comments from the public, Federal, State and local agencies and officials, including any consolidate State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing. within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. 4 Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, April 28, 2006. Comments should be submitted to: Eric Alsmeyer Wilmington District, Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, North Carolina 27615-6814 Telephone (919) 876-8441, Ext. 23 '• t ,• ? i i ` /'??' ?. .a • "ice-?i? _ `:.? i ??, te i ? .? S. t _ J : "? / ??? rr o It cem nam • `?•!i ? ?? ?? .. ? l 151 _ _ '?•r1 ??? • • i t ? ?' ?? ? ' .i ' i ? ; - }ter •• ? ? 1 . ? ?(, : •? ? .l / !• .. . \..+, •? % .k, f 1 'I `-: 1 v ? ,tea ?? /? ?• .? i... ' ? ? -••\ CAROLINA SUNROCK CORPORATION R GORE PRWECT LOCATION MAP P.O. BOX 25;1001 WEST B Sr. FRM LISGS KITTRELL QUADRANGLE; 1979 BU 1434 IBC 27509-0025 N3607.5-W7822.5/7.5 n D X O r z D CO C Z X O n x r r n m G) C X m h) N N LLI N ?N M V PZ U J J Y .? o W of af ?- z co Q w _z J ? LL U- Q U ASUNROCK 0 CAROLINA SUNROCK LLC 20G50 535 Tony Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 January 24, 2006 Ms. Cyndi Karoly Division of Water Quality NCDENR 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Acton ID 200620210 Carolina Sunrock LLC Kittrell Quart', Mining Permit No. 91-02 Vance County, NC Tar- Pamilco River Basin Dear Ms. Karoly, i F i ,? ?1,?I t(; Please find attached, a copy of the after-the-fact application submitted to the Corps of Engineers for a filling activity that was done not realizing the area would still be considered wetlands. We would like to request 401 Certification for the activity in conjunction with the application for an individual permit with the Corps of Engineers. I have attached a completed PCN for your use, along with a check for $475.00 as indicated in the PCN. Thank you for your time and assistance in resolving this issue. Please contact me if additional information is required. Sincerely, Carolina Sunrock LLC .E.S.C. Compliance Manager tsample@the5unrookgroup.com Phone: 919.575.4502 Fax: 919.575.4510 www.thesunrockgroup.com ASPHALT CONCRETE `AGGREGATES t 11SUNROCK 0 CAROLINA SUNROCK LLC January 24, 2006 Ms. Carol Shaw NCEEP NCDENR 1652 Mail Service Center Raleigh, NC 27699-1652 Re: Action ID 200620210 Carolina Sunroc k LLC Kittrell Quarry, Mining Permit No. 91-02 Vance County, NC Tar- Pamilco River Basin Dear Ms. Shaw, Tony Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 My Company has applied for an individual permit to fill 1.55 acres of riparian wetlands in Vance County. We wish to make an In-lieu payment to the EEP Program to cover the required 3.25 acres of mitigation this project will require. Please find attached the in Lieu Fee Request Form. Please let me know if the EEP Program approves this request. Thank you for your time and assistance in resolving this issue. Please contact me if additional information is required. Sincerely, Carolina Sunrock LLC Toy amp e, C.P.E.S.C. Compliance Manager tsample@thesunrockgroup.com Phone: 919.575A502 Fax: 919.575A510 www.thesunrockgroup.com NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM Revised 1/19/06 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. 1. Name of Applicant or Agent ' - 2. Name of Business of Applicant or Agent 6M A 5 .? LLB 3. Mailing Address (Street or PO Box) D O>K --_,_ 4. City, State, Zip 5. Telephone (eg, 919-555-1212) 9?q- s-wsdz 6. Fax (optional) _ ql q - S7 ?? S 1 - - 7. E-mail (optional) 8. Project Name r v?y 9. Project Location (nearest town, city) 10. Lat-Long Coordinates (optional) I 11. Project County 12. River Basin 4 r • ?n iCa 13. Cataloging Unit (8-digit) ? - _ 1 14. Riparian Wetland Impact (ac.) (e.g., 0.13) - ?-^ - / Irs y 15. Non-Riparian Wetland Impact (ac.) + 16. Coastal Marsh Impact (ac.) - ? 17. Stream Impacts-Colo (ft.) (e.g. 1,234) ^- 18. Stream Impact-Cool (ft.) i - - 19. Stream Impact -Warm (ft.) ?- _-- ^? 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) 21. Buffer Impact Zone 2 (sq. ft.) ? Check () below if this request is a: ` -_ - --- . Signature of Appli t or Agent: _ revision to a current acceptance, or ; i re-submission of an expired acceptance t 1 i Date: /?2'f ?0 ?O ----- - - --- -' Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed' web page: http: //cfr)ub. er)a.gov/surf/locaterndex. cfm Direct all questions to David Robinson at 919-715-2228 or david.robinson@ncmail.net f rt rt-*v- uL%,iI I , , men, PROGRAM February 1, 2006 Tony L. Sample, CPESC Carolina Sunrock, LLC P.O. Box 25 Butner, NC 27509 Project: Kittrell Quarry County: Vance The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 4041401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone L Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian- Marsh Cold Cool Warm Tar-Pamlico 1.55 0 0 0 0 75 0 0 03020101 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. Sincerely, 8 . ?r-am.D Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Eric Alsmeyer, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File ©TA RP?StD!'Y.`1?... 'E ... Pro", our St"Q& MCDMR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net 11SUNROCK 0 CAROLINA SUNROCK LLC January 24, 2006 Jean B. Manuele Chief, Raleigh Regulatory Field Office US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615 Re: Action ID 200620210 Carolina Sunrock LLC IUttrell Quarry, Mining Permit No. 91-02 Vance County, NC Tar- Pamilco River Basin Dear Ms. Manuele, Tony Sample, CPESC compliance Manager PO Box 25 Butner, NC 27509 Please find attached, an after-the-fact application to cover filling activities that were done not realizing the area would still be considered wetlands. The use of this 1.55 acres is crucial to being able to complete the stockpile area for the storage of products to be shipped by rail. We have suspended activity in the area once it was identified as potential wetlands, installed silt fence to protect the stream, withdrawn the material from the buffer area (within 50 feet on the stream) and have now completed this application in the hopes to avoid further enforcement action and hopefully receive a favorable nod on utilization of the area in question. We understand that 2:1 mitigation of this area will be required and we will contact the NC Ecosystem Enhancement Program to request coverage of this mitigation requirement, and will send a copy of this application to Cyndi Karoly with the N C Division of Water Quality. Thank you for your time and assistance in resolving this issue. Please contact me if additional information is required. Sincerely, Carolina Sunrock LL Tony Sample, C.P.E.S.C. Compliance Manager tsample@thesunrockgroup.com Phone: 919.575.4502 Fax: 919.575.4510 www.thesunrockgroup.com 1 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 133 CAR 3251 Expires December 31, 2004 The Public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This inches the time for reviewing Instructions. searching existing data sources, gathering and maintaining the data needei and completing and reviewing the collection of information. Send corxnents regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arrington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer havinf jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, Section 103, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a peen be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction-over the location of the proposed activity. An application that is not completed in full will be returned. fflBVS 1 771RII4 TO BF F7LL® BY coAm 1. APPLICATION NO_ 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION ? O lr1 ?. ? e ? ? ? COMPLETED //TFiV_C Ir= YO RF 14//Fn RV AAMID_`AAM 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE /an agrm rs ,wi ,egarinedl Carolina Sunrock LLC :, - - 60APPLICANT'S ADDRESS 9. AGENTS ADDRESS PO Box 25 D 1001 West B Street, Butner, NC 2750 9 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence 2 0 0 6 0 6 3 5 b. Business 919.575.4502 b. Business 11. STATEMENT OF AUTHORIZATION 1 hereby authorize, to act in my behalf as my agent in the processing of this applicatio upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE /see insrrumiwsl Kittrell Quarry - Rail Site and Plant Expansion 13. NAME OF WATERBODY, IF KNOWN oW p Ai:aaW Unnamed Trib, to Tar River 15. LOCATION OF PROJECT Vance NC COUNTY STATE 14. PROJECT STREET ADDRESS rif e 214 Sunrock Road Kittrell, NC 27544 }1 '0 i. 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, t5minsuucrionsi site is adjacent to seaboard RR Tracks and approximately 4,000' north of Tar River crossing 17. DIRECTIONS TO THE SITE Turn off of US # 1 North - First Right after crossing Tar River, Sunrock Road. Enter Quarry site at:.-end of Sunrock Road. N FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: ? 1 18. Nature of Activity (oesr ipniw, ofp 4irc4 :mw & aof nrw see attached sheet. 19. Project Purpose tvescri6a the resson orpwposs P/ the project see autiuaions/ The project is to provide access and aggregate stockpile area adjacent to new rail spur ana railroad loadout equipment and stockpiles to expand distribution of construction aq regate potential of t USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge shot rock will be placed in approximately 1.55 acres of wetlands to allow for raising the final elevation approximatte 18 -20 feet to facilitate development of a stockpile area-and access to railroad load out equipment. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Fill material will include shot rock from the quarry. 22. Surface Area in Acres of Wetlands or Other Waters Filled 4whsrvcrcns1 The area to be filled for plant area will be approximately 1.55 acres. The area to be upgraded for access will be approximately 100' x 70' 23. is Any Portion of the Work Already Complete? Yeses- No IF YES, DESCRIBE THE COMPLETED WORK Wetlands were disturbed (filled .5 to 3') prior to application existing stream crossing has not been distrubed. 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). Carolina Sunrock owns all of the property that adjoins this stream down stream (approximately 5000 feet of stream) to the Tar River and all of the property up stream for another 4800 feet of stream 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL` IDENTIFICATION NUMBER DATE APPLIED DATE APPROVEr neTG NCDENR LQS Mining #91-02 2/11/04 9/17/04 Permit 26. Application-is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duty aut?orfzlq?agent o e SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. Block #18 Nature of Activities: This is an after the fact permit application to be allowed to fill approximately 1.55 acres of jurisdictional wetlands adjacent to an unnamed tributary to the Tar River. This area lies between the tributary and the right-of-way for the main north/south Seaboard Rail Line in the area. This property was purchased adjacent to the quarry site to allow for the construction of a rail spur and aggregate load-out facility. Construction of such a spur requires the construction of approximately 1 mile of track to accommodate the safe loading and moving of rail cars, and an adjacent stock pile area. The wetland area in question is at a critical location in the property. In addition to the stockpile areas, access to and from this area by haul truck or conveyor will be required to supply the stock piles. We would also like to upgrade the existing stream crossing immediately up stream or the wetland area to allow for two way haul truck traffic. This area is still in a stabile condition and has not been affected by our activities. The stock pile area will be filled with approximately 20 feet of shot rock and provided with a stable 2:1 side slope adjacent to the buffer along the stream/wetland area. The top will be sloped and bermed to prevent storm water from discharging down the fill sections. Silt fence will be installed along the toe of the slope prior to construction to prevent further off-site sedimentation. Side slopes to the fill sections will be faced with rock for stability. The fill (shot rock) will be placed by haul truck and spread and leveled with a dozier and compacted for stability. Final grade will be achieved using abc material to provide a more compact and durable working surface. The stream crossing upgrade will involve removal of the existing culvert (2 fuel tanks) and replacing them with 3 -48 inch corrugated metal pipes. The current culvert consists of an 84 inch recycled fuel tank and a 60 inch recycled fuel tank and is approximately 18 feet long. We wish to replace them with 3 cmps, 70 feet long. Approximately 5 feet of fill will be required over the pipes. The road will be constructed so that storm water will be diverted off the road and into settling basins prior to the stream buffer to protect the stream. Pictures of the existing crossing are attached for your information: Photo #1 shows the existing access looking to the west, (RR in the background). Photo #2 shows the outlet end (south) of the existing culverts. Photos #3 and #4 shows the existing vegetation on either side of the pipes (Pipe locations is the bare clay spot indicated on photos) looking east. Figure # 1(rev) shows the 1.49 acres of wetlands requesting to be filled and how the project spatially affects the entire railroad load out facility. The creek crossing is at the power line right- of-way left and above the proposed fill area and the 0.03 acres of wetlands associated with the crossing. Figure #2 shows the entire property as permitted by the NCDENR, Division of Land Resources, Land Quality Section in 2004 as Mining Permit No. 91-02. Figure 43 is a location map taken from a USGS Quad Sheet. Process: Overburden (excess soil) is removed from above rock to be blasted with the use of a bulldozer or pans. The Blaster (contracted out) lays out the shot and the drill crew (contracted out) drills the holes for the insertion of the blasting agent. The blasting crew loads the holes with blasting agents and initiators, with the blaster's supervision to ensure safety. The blaster detonates the shot to break the stone into manageable pieces. The shot rock is loaded by a large track hoe into haul trucks to be transported to the crushing plant. The shot rock is fed into the primary crusher that reduces the stone down to a more uniform 8 inch or smaller diameter. Class B (erosion control stone) riprap can be removed at this stage. The shot rock then proceeds by conveyors through a series of secondary crushers, screens and materials washers to further reduce the stone size and separate the additional products and to stock pile them for load out and delivery. Creek crossing: Wetlands associated with the creek crossing (nw quadrant only) is approximately 0.0328 acres (68 feet x 21 feet). Justification for use of Wetlands area: The market price for stone in the Kittrell area is between $5.00 and $10.00 per ton due to the number and location of other quarries in the area, and which product. Additional handling of the stone must be avoided to remain competitive. As a result of the existing topography and location of the creek, the rail road spur has to be constructed along the proposed location and constructing the plant over existing stone reserves or having to second handle the stone products are not legitimate options financially. . ' A typical process plant and associated stockpiles occupies an area of approximately 18 to 20 acres. Utilizing what upland area we have (15 acres) adjacent to the railroad track and the small area of wetlands (1.49 acres) we can arrange the plant and associated stockpiles such that we can utilize the railroad and construct the associated rail spurs to allow product transportation by rail. Mitigation of Wetlands: Carolina Sunrock LLC wishes to utilize preservation of existing wetlands along the Tar River and its buffer as a portion of the required mitigation. We have been approved by the Ecosystem Enhancement Program to participate in their program. D ? ? ? O C r ? Z m D ? c ?,?z ? ? m ? ? n T? r r a, .?r--- r? i /?\.i'•? ?t??? \ / ?( ' -??J/•-.•' ? %?... `rte: \` . - ?O 19 1 BN 333 ????.; ?j it > .. ?: ? )r-? •.l _ I ..`` 1 •t r ,. - ,1 { i 1P. ::;?:?. . i-•___ _ i?? ;?? . f?'. `!?- -?,:? ;`- ':'.. 'tit '`?` _J- _ C?) it - i `r , ?s lass ? 4_ ?-?.?? - :'•? (/??• _ t CAROUNA SUNROCK CORPORATION RIGURE3- PROJECT LOCATION MAP P.O. BOX 25; 1001 WEST B ST. FROM USGS Kl1TRELL QUADRANGLE; 979 BUTNER, N:G 27509-0025 N3607.5-W7822.5/7.5 s ?a U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 199920183 County Vance GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Carolina Sunrock Corporation Address: Attn: Mr. Danny Mattfield Post Office Box 25 Butner, North Carolina 27509 Telephone Number: (919) 575-4502 Size and Location of project (waterway, road name/number, town, etc): 215 acres on the southeast side of SR 1552, southwest of SR 1557, north of the Tar River, near Kittrell, North Carolina. Description of Activity: Mechanized landclearing and filling of 0.82 acre of jurisdictional waters of the United States, including wetlands, associated with the construction of a sedimentation impoundment associated with a proposed rock quarry. X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. 26 Nationwide Permit. Any violation of the conditions of th Nationwide Permit referenced above ma stop work order, a restoration order, action. Regional General or subject the permittee to a and/or appropriate legal This Department of the Army Regional General/Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Project Manager Signature Date 15 December 1998 Ex4i.ration Date 31 September 1998 SURVEY PLATS,.FIELD SKETCH, WETLAND DELINEATION FORM,.ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. N/ NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED i ro discharges of dredged or fill material into headwaters and isolated waters the activity meets all of the following criteria: Provided that a. The discharge does not cause the loss of more than three (3) acres of waters of the United States nor cause the loss of waters of the United States for a distance greater than 500 linear feet of a stream bed; b. For discharges causing the loss of greater than 1/3 acre of waters of the United States, the permittee notifies the District Engineer in accordance with the "Notification" general condition; c. For discharges causing a loss of 1/3 acre or less of waters of the United States, the permittee must submit a report within thirty (30) days of completion of the work, containing the following information: (1) Name, address and telephone number of the permittee; (2) Location of work; (3) Description of work; and (4) Type and acreage (or square feet) of the loss of waters of the United States (e.g., 1/10 acre of marsh and 50 square feet of a stream); d. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of all affected special aquatic sites, including wetlands; and e. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Note: Whenever any other nationwide permit(NWP) is used in conjunction with this NWP, the total acreage of impacts to waters of the United States of all NWPs combined cannot exceed three (3) acres. NATIONWIDE PERMIT CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the water body, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. Offlce Use Only: Fonn Version March 05 USACE Action ID No. 7QQ6 Z 021 6 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".) I. Processing 1. Check all of the approval(s) requested for this project: ?-Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 0401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecosystem Enhancement Program (NCEEP) is proposed acts, attach the acceptance letter from NCEEP, complete section VIII, im1? for mitigation of[Er and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for fiuther details), check here: ? H. Applicant Information t 1. Owner/Applicant Information , A i R ?'. Mailing Telephone Number. 0/9- 57 5- q OZ Fax Number: q / 9 • .575 - 4 SL D E-mail Address: .gm g& e2 e,4es4,rrroc,?4fNumber: 2. Agent/Consultant 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: Company Affiliation: Mailing Address: Telephone Number. Fax Number: E-mail Address: 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 1 I 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 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): q618-011-01- 4. Location County: _' A 1Ve e-- Nearest Town: Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): kc Q SA`l A4tl-L i A l/Lt1« Cam..-k _ ?ra! ri<41,ax1 ShAlroel a iust ASt TA 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum):.. 6°11. 187 ' °N 79°26.856 °W 6. Property size (acres): D5,i+eres 16s41 - 1 11 A-h2. AST4.4"". 7. Name of nearest receiving body of water: (L,vj.#xuJ '`JTr3 h lar Roe, 8. River Basin: Ts- - }?s??,. ?r?ce (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://li2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 5ik `ias 6 _6_UeJ -4XJ 4 ay;w 44er ooe Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be .!_ [?tL_l tL?f Awk w;1t be Ja..._J,J . W; r. IV. V. 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. Ack..,t D 1494Z611r3. A/Wmwfac z4 iss^cJ pro., ys. Cos., le ;•? 2000. 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. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Provide a written description of the proposed impacts:.5AAJ !'ork svill be- "SC,/ Ll......._ J OWAS 46 W. -At .d.. ) Al <,.1...,J A;/ & PC fi A//.w 4! Page 7 of 12 2. Individually list wetland impacts. Types of 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. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream (linear feet Area of Impact (acres) ??? !"7? ecrtirr N? v d I..ss' Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multi 1 len h X width, then divide b 43,560. Stream Impact Number (indicate on ma Stream Name Type of Impact - Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of -Impact (acres) • ,?. c 0.00 v -For hus, Total Stream Impact (by length and acreage) 75" o6004 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ? No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. 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.): Current land use in the vicinity of the pond: 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. 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15,2002, 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 NCEEP 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://l12o.enl.state.nc.us/ncwetlands/strmgide.html. 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. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at littp:Hh2o.enr.state.nc.us/carp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 7 5- 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): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No Q' 2. 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 ? 3. 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 (required by DWQ) 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. 1. Will the project impact protected riparian buffers- identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify TY- PA,-i"ca V Yes No ? 2. If "yes", 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 Multiplier Required (square feet) Mitigation 1 5'7-3 3 (2 for Catawba) 2tf 1.5 Total j I b * Zone i extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. yt4 +Ie.- -/"4 W, j '!3? Cc ?ti? ?IY'? !?7Z;7- Page I I of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. XII. Sewage Disposal (required by DWQ) 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 (required by DWQ) 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. Cumulative Impacts (required by DWQ) Will this project (based on past and-reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No ? If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our-: website at http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: XV. 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). Page 12 of 12 (Agent's signature is valid only if an authorization letter from the applicant is provided.) CAROLINA SUNROCK LLC DATE INVOICE NO. 1-24-06 06JAN475 CHECK 2-01-06 NUMBER DESCRIPTION WATER QUALITY PERMIT- 81431 INVOICE AMOUNT 475.00 475.00 DEDUCTION .00 081431 BALANCE 475.00 .001 475.00 I i ~I ~ ~ ~ i Chane Jefferson Y f Belle F. Breedlove 0 OOT UNDISTUR ~ BE BUFFER AKA Belle F. Flo d Y f-- I fiver i n ~ I 83 r r~ Acres for As halt/ 10,7 p co Crete Plant o acres a undlstu ed buffer Vera Pulle Diver Y t e i r r~ f i e:r.. i I Ston / Dare . ~ y _ ~ Claud L. Kerle - tJ , I Diver ion B r r~ Diversion Double Rail S ur - P B r r1 S Sxxn L. 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