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HomeMy WebLinkAbout19920409 Ver 1_COMPLETE FILE_19920101STATE 'A o ?? ? L Wwr v?F?• ?S ST` State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27604 James G. Martin, Governor September 10, 1992 A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director Mr. Mike Poplin Vulcan Material Company Mideast Division 44101 North Patterson Winston-Salem, North Carolina 27115 Dear Mr. Poplin: Subject: Proposed Fill in Headwaters or Isolated Wetlands Quarry expansion, Morganton Quarry Burke County DEM Project # 92409, COE # 199202379 Upon review of your request for Water Quality Certification to place fill material in 0.95 acres of wetlands for quarry expansion located at Causby Quarry Road in Burke County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. An additional condition is that a berm shall be constructed to separate the quarry from undisturbed wetlands. The berm will be seeded immediately after completion and undisturbed wetlands shall be protected with silt fencing during berm construction. If you have any questions, please contact John Dorney at 919/733-1786 or 919/733-1787. Sincerely, q4reston >o ward, r. P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Regional Office Asheville DEM Regional Office Mr. John Dorney Central Files REGIONAL OFRCES Asheville Cra;JtgttRilleWyar&goreRDM Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer MEMORANDUM TO: John Dorney Planning Branch SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** PERMIT_YR: APPLICANT NAME: PROJECT-TYPE: COE_#: RCD_FROM CDA: REG OFFICE: 92 PERMIT-NO: 0000409 COUNTY: VULCAN MATERIALS MORGANTON QUARRY QUARRY EXPANSION PERMIT-TYPE: DOT-#: APP DATE_FRM_CDA: ARO RIVER-AND-SUB-BASIN-j: STREAM CLASS: 0--, STR_INDEX_NO: WL_IMPACTNgN WL_REQUESTED : ??, ? S, HYDRO_CNECT?:?N MITIGATION?: NN? MITIGATION SIZE: INITIALS: Reviewer: WQ Supv : ,?? Date: BURKE NW26 07/30/92 WL TYPE : i j art' MITIGATION_ IS WETLAND RATING SHEET ATTACHED?: Y/N RECOMMENDATION (Circle One):4__:U?s E/ CON_ DENY COMMENTS :e 2?vt l y; ll c? C' o N.3i2 v ffG' ,/)_? r /) cc: Regional Office Central Files v t LAND IJTlNG Proiect No. c,r description g? A T Location // County v(,?,k_, Nearest road or town?u5c River basin -- 52 /J- ,A/It O.QS fM ?nJ Nearest stream UT «Land classifica ion Evaluator Agency and address Date and time evaluated Major Wetland Type /=1 (2a+ Q f rc?c?' lido floM ?,4wgl Approximate size of wetland system gM 0,5- acres Approximate extent of wetlands in area J Z acres within ? _ miles Three most common plant species (in order): Soil Series (if known) Hydrologic indicators S f /C Ir6c S Direct surface hydrolocic connect' n_' YES TAO Existing Conditions Drainage 7revidVS `l Disturbance st eve a ?'?,? ,off Restoration p tent?aI , Restoration value £/?? ?m Is site kno-v:n to provide habitat for rare, endancered or threatened species? /t/0 If so, list Species observed or recorded. Item No. I. Location/Landscape 1 Natural area buffer 2 Sensitive watershed 3 Dispersal corridor system II. Ecological Values 9 Special ecological attributes 5 Wildlife habitat 6 Aquatic life 7 Water storaqe 8 Streambank stabilization 9 Removal of pollutants III. Human Values 10 Outdoor recreation/education 11 Economic value Score (circle one) 5 c> 5 9 3 2 1 0. 5 9 3 2 0 5 9 3 2 1? 4 3 2 1 0 5 9 3 2_ 1 5 4 3 2 0 5 4 3 2 0 5 9 ?? 2 i 0 5 9 3 2 1 5 9 3 2 ) 0 Total score Site description and notes: S?,ylf}(??C ?` ?? L ?Ff/,9w? lJ ?l ? F 14 v_',?-,z X14W t, r? s As(,,- v?'D Lei ?? i c 6L` 1C? ?? F o?F f• 12 r D 14 rim, ?? 4 7'ry/ 'o IU, 14Lr0A4 e'.1rMWly r+.', .. +.?. ....i. ., .4 .ei?.. +r1^•..rx:/a. ,..t a1.M.rMi. „3i!t?;?M6?. f pit.! / L- f, DEM I D: 1 L a ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIR ,M AND NATURAL RESOUR P.O. BOX 29535 RALEIGH, NC 27626-053 ATTN: MR. JOHN DORNEY Telephone (919) 733-50 3 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO 6E-A ENGINEERS. SEVEN (7) OO,PIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. c. SEC 1. OWNERS NAME: Vulcan Materials Company, Mideast Division 2. OWNERS ADDRESS: 4401 North Patterson Winston-Salem-, NC 27115 3. OWNERS PHONE NUMBER (HOME): N/A (WORK): (919) 767-4600 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mike Poplin OR Craig R. Wyant VMC Mideast Division EDSA 4401 North Patterson 1919 South B v ., ui e 2 Winston-Salem, N 27115 Charlotte, NC (919)767-4600 3/_J-UbJ4 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Burke County, NC NEAREST TOWN OR CITY: Morganton, NC SPECIFIC LOCATION (INCLUDE ROAD NUMBERS LANDMARKS ETQ U.S. 64-70 West to Kirksey Drive korth to daus Quamry- Rnad follow to Quarry entrance at en o Road (Please refer to attached.) 6. NAME OF CLOSEST STREAM/RIVER: Un-named tributary to Hunting Creek C 7. RIVER BASIN: Catawba River Basin 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [X] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ) NO [X) IF YES, EXPLAIN. 10, ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 3.5 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: 0.95 AC TOTAL IMPACTED: 0.95 AC 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Proposed 10 year expansion of existing rock quarry pit into adjacent an 13. PURPOSE OF PROPOSED WORK: To obtain and rocess identified mineral resources on property owned by VMC adjacent to on-going quarry operation. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Ma'orit of,wetlands on-site will be avoided. Unavoidable im acts will be limited to upper most reaches o minor L:ri u aries. 3' berm to be constructed between quarry pit an un is ur e wetland to prevent flow of surface waters into the pit. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE'PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [,Xj NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES [X] NO ( ] RESPONSE FROM THE SHPO SHOULD BE ATTACHED. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION) MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Primarily timber land and rural an uses. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A r//- //O'WNER' S SIGNATURE DATE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 17, 1992 Regulatory Branch Action ID. 199202379 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Mike Poplin Vulcan Materials Company Post Office Box 4195 Winston-Salem, North Carolina 27115 Dear Mr. Poplin: Through our coordination with Mr. Craig Wyant, EDSA, we have learned of your plans to impact .95 acres of scrub shrub and forested wetland adjacent to an unnamed, headwaters tributary of Hunting Creek for the purpose of expanding an existing rock quarry at Morganton, Burke County, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the lose of more than 10 acres of waters of the United States; b. The permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your work is authorized by this nationwide permit (NWP) provided it is accomplished in strict accordance with the enclosed conditions. In addition to the conditions on the enclosed sheet, the following special conditions also apply to this project and are required to ensure minimal impacts: a. A 3-foot high earthen berm will be constructed along the northern edge of the quarry expansion area where it abuts wetlands to prevent the inflow of surface water from the wetlands into the quarry. -2- b. The permittee will monitor the north slope of the quarry pit for the infiltration of subsurface water from adjacent wetlands. In the event that such infiltration is observed, the permittee will take immediate action to construct a compacted clay infiltration barrier within the limits of the quarry to prevent the adverse modification of wetland hydrology. This NWP does not relieve you of the responsibility to obtain any required State or local approval. You are reminded that any additional fill in wetlands within this subdivision will be subject to the notification requirements under Nationwide Permit No. 26. You should contact Mr. John Dorney, North Carolina Division of Environmental Management, (919) 733-1786, poP1??1w to obtain a waiver or water quality certification for the proposed work. This o?IR?.J permit is effective upon receipt of the waiver or certification. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP authorization, activities which have,commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 259-0857. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 EDSA Edward D. Stone, Jr. and Associates 1919 S()iith I tlvri, Iiollcy"s k r0. Suite 102, Chark?llc, IJ(: Planners and Landscape Architects 01(wc: I04 373 0G3d I ;ix Md 3K' 0?61 July 22, 1992 _T EE 7q, T?-FF, Mr. John Dorney Water Quality Planning Division of Environmental Management N.C. DEHNR P.O. Box 29535 WET' Raleigh, NC 27626-0535 WA!''` Dear Mr. Dorney: Please find enclosed seven copies of a request for 401 Water Quality Certification for the alteration of 0.95 acres of above headwaters wetlands under NWP 26. The described activity is located in Burke County, NC, above the headwaters to Hunting Creek in the Catawba River Basin on the Morganton Quarry property owned by Vulcan Materials Company. Vulcan Materials Company proposes to expand the 10 year limit of its existing stone quarrying operation onto additional property which it owns. The expansion of the quarry pit will impact two minor un-named tributaries to Hunting Creek. Impacts to all other wetland resources on the site have been avoided by the placement of the pit at the uppermost reaches of the minor tributaries. Indirect impacts to undisturbed wetlands will be avoided by the placement of an earthen berm between the quarry pit edge and the wetland to prevent surface waters from being drained into the pit. Steve Lund, U.S. Army Corps, has reviewed the delineation and the proposed expansion activities and has provided Vulcan Materials with the enclosed authorization letter. The N.C. Natural Heritage Program (Fish and Wildlife Service) and Historic Preservation Office have been notified of the activity. Thank you for your consideration in this matter. Please do not hesitate to contact me if you have questions or if there is any way in which I can be of assistance to you. Sincerely, te- tj r-56- Craig R. Wyant Associate cc: Mike Poplin, VMC Mideast Division State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor J w, 2S? George T. Everett, M.D. William W. Cobey, Jr., Secretary Director A4. Al e ?ePplll V?Ilcli'tl At&,Ilh To. fax '0y W 4sh-n - NC Z7?1 ? Dear Sir or Madam: SUBJECT; 401 WATER QUALITY CERTIFICATION R'W to County, COE Project # 1772-02 37q The Division of Environmental Management (DEM) received a letter from the Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit. Please be advised that the Nationwide Permit is not valid until a 401 Water Quality Certification has been issued by the Division. General Certifications have been issue by the Division for most of the Nationwide Permits, however, several of the General Certifications require written concurrence from the Division before the Nationwide Permit is valid. If you are utilizing Nationwide Permit # 26 and your fill activity is equal to or less than one-third (1/3) of an acre you are not required to obtain written concurrence. Otherwise please complete the attached form (except for conditions 15 and 16) and send six additional copies (a total of seven copies) so that the review of your request can be initiated. If you have any questions, please call me or Mr. John Dorney at 919-733-1786. Sincerely, Eric Galamb Applic.lt cc: _ DEM Regional Office Mr. John R. Dorney RR" UNAI. (A 1A I ? Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704251-6208 919/486-1541 704/663-1699 919/571-47(X) 919/946-6481 919/395-3900 919/8967007 Pollution Prevention Pays W. Box 29535, Rilcigh, Notch Carolina ?76260535 Tclephonc 919-733-7015 An I quad Opp. inanity .Attu mau vc V o n1-mpl-, e DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch June 17, 1992 Action ID. 199202379 and Nationwide Permit No.,,26 (Headwaters and Isolated Waters) - _) Mr. Mike Poplin Vulcan Materials Company Post Office Box 4195 Winston-Salem, North Carolina 27115 Dear Mr. Poplin: JUN 2 4 1992 i WA .!_R 0u, Through our coordination with Mr. Craig Wyant, EDSA, we have learned of your plans to impact .95 acres of scrub shrub and forested wetland adjacent to an unnamed, headwaters tributary of Hunting Creek for the purpose of expanding an existing rock quarry at Morganton,,,aurke County, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your work is authorized by this nationwide permit (NWP) provided it is accomplished in strict accordance with the enclosed conditions. In addition to the conditions on the enclosed sheet, the following special conditions also apply to this project and are required to ensure minimal impacts: a. A 3-foot high earthen berm will be constructed along the northern edge of the quarry expansion area where it abuts wetlands to prevent the inflow of surface water from the wetlands into the quarry. • t %* -2- b. The permittee will monitor the north slope of the quarry pit for the infiltration of subsurface water from adjacent wetlands. In the event that such infiltration is observed, the permittee will take immediate action to construct a compacted clay infiltration barrier within the limits of the quarry to prevent the adverse modification of wetland hydrology. This NWP does not relieve you of the responsibility to obtain any required State or local approval. You are reminded that any additional fill in wetlands within this subdivision will be subject to the notification requirements under Nationwide Permit No. 26. You should contact Mr. John Dorney, North Carolina Division of Environmental Management, (919) 733-1786, to obtain a waiver or water quality certification for the proposed work. This permit is effective upon receipt of the waiver or certification. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP authorization, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 259-0857. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 /Raleigh, North Carolina 27611-7687 11 ?/ Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 -3- P 40 1 1 EDSA Edward D. Stone, Jr. and Associates 1919 S. 11, s <_ <rte 1C Planners and Landscape Architects P?,, 7l u-'- -o_1?s : I 4-342 July 22, 1992 Mr. John Dorney Water Quality Planning Division of Environmental Management N.C. DEHNR P.O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: Please find enclosed seven copies of a request for 401 Water Quality Certification for the alteration of 0.95 acres of above headwaters wetlands under NWP 26. The described activity is located in Burke County, NC, above the headwaters to Hunting Creek in the Catawba River Basin on the Morganton Quarry property owned by Vulcan Materials Company. Vulcan Materials Company proposes to expand the 10 year limit of its existing stone quarrying operation onto additional property which it owns. The expansion of the quarry pit will impact two minor un-named tributaries to Hunting Creek. Impacts to all other wetland resources on the site have been avoided by the placement of the pit at the uppermost reaches of the minor tributaries. Indirect impacts to undisturbed wetlands will be avoided by the placement of an earthen berm between the quarry pit edge and the wetland to prevent surface waters from being drained into the pit. Steve Lund, U.S. Army Corps, has reviewed the delineation and the proposed expansion activities and has provided Vulcan Materials with the enclosed authorization letter. The N.C. Natural Heritage Program (Fish and Wildlife Service) and Historic Preservation Office have been notified of the activity. Thank you for your consideration in this matter. Please do not hesitate to contact me if you have questions or if there is any way in which I can be of assistance to you. Sincerely, L -I' /06- p6YL# Craig R. Wyant M,D0 mow, Associate 0 o1 C cc: Mike Poplin, VMC Mideast Division t - ?? . ?{I ' ? S V ul A)