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HomeMy WebLinkAbout20090826 Ver 1_401 Application_20090709COURTESY r0Py RESOURCE INTERNATIONAL, LTD ENGINEERS *SCIENTISTS - SUR1EYORS• PL,4NNFRS VO. BOX 01,0.9560 KINGS CHARTER DRIVE-ASHIANDJA 23005 (801) 550-9200 • EAX (804) 550-9'259 TO: Mr. Ian McMillan NC DWQ, 401 /Wetlands tJnit 1650 Mail Service Center Raleigh, NC, 27699-1650 WE ARE SENDING YOU: ttached ?Under separ-ate cover via ?Shop Drawings ?Prints ?Plans ?Copy of Letter ?Change Order ?Sam les ?S ec>fications K COPIES I DATE I NO. I DESCRIPTION- 1 5 17-29-09 1 1 Permit Application for Nationwide Permit 39 - Best Property THESE ARE TRANSMITTED as checked below: ?For Approval ?Approved as submitted ?Resubmit copies for approval E?V,or your use ?Approved as noted ?Submit copies for distribution jigAs requested ?Returned for corrections ?Return corrected prints ?For review & comment ? ?FOR BIDS DUE 20 ?PRINTS RETURNED AFTER LOAN TO US REMARKS: Mr. McMillan, please find enclosed the 5 copies of the NWP application for the Best property. If you have any questions or concerns, do not hesitate to contact me at 804-550-9233 or via email at tkraska@resourceintl.com. COPY TO: Red File SIGNE If enclosures are? ? not as noted, kindly notify us t nee. Q9'0826 @ L, Zvi JUL 3 0 2009 DEW . WATER QUALITY LETTER OF T1AT9Mffir't eRA ' DATE: July 9, 2009 JOB #: 95062.105 ATTENTION: Mr. Ian McMillan RE: Permit Application for Nationwide Permit 39 (NWP 39) Best Property Vance County, North Carolina the following items: RESOURCE r INTERNATIONAL, LTD. ENGINEERS • SCIENTISTS • SURVEYORS - PLANNERS July 10, 2009 Mr. Eric Alsmeyer US Army Corps of Engineers, Wilmington District Raleigfi Regulatory Eield-.Gffice 333 1 Heritage Trade Drive, Suite 105' Wake. Forest, NC 27587 RE: Permit Application for Nationwide Permit 39 Best Property - Vulcan Construction Materials Vance County, North Carolina Dear Mr. Alsmeyer: Direct Dial (804) 550-9233 tiaaska@a resourceind. com http://,A-A,w-resour=int. rom P.-1.1 95062.105 On behalf of Vulcan Construction Materials (Vulcan), enclosed is a Pre-Construction Notification (PCN) Form for a Nationwide Permit 39 (NWP 39) and/or project review from the United States Army Corps of Engineers (Corps). The proposed project intends to impact 464 square feet (0.011 acres) of forested wetlands as part of the expansion of the storage capacity of the overburden pile. Due to the size of the impact being less than the lower limits for compensation, it is our understanding that no compensation will be needed for this project. If you have any questions, I may be reached-at the referenced sources provided above. cask PWD Project Scientist Virginia Certified Professional Wetland Delineator,. No. 4 /sbd Enclosure cc: Mr. Walter C. Beck, Vulcan Construction Materials ACZ1 9560 Kings Charter Drive s PO. Box 6160 e Ashland, VA 23005-6160 (804) 550-9200 o Fax (804) 550-9259 RECYCLED PAPER www.resourceintl.com 1 1 1 1 1 1 1 1 1 1 1 1 1 NATIONWIDE PERMIT 39-(NWP 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA JUNE 2009 P.N. 95062.105 RESOURCE M , INTERNATIONAL, LTD. ENGINEERS-SCIENTISTS - SURVEYORS- PLANNERS P.O. BOX 6160.9560 KINGS CHARTER DRIVE- ASHLAND, 1:9 23005 (804) 550-9200 • FAX (804) 550-9259 www. resourceinil.com 1 1 1 1 1 1 1 1 1 1 1 NATIONWIDE PERMIT 39 (NWP 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA TABLE OF CONTENTS No. of pages EXECUTIVE SUMMARY ........................................................................................I PERMIT APPLICATION CHECKLIST..._ .........................................................................2 PRE-CONSTRUCTION NOTIFICATION (PCN) FORM.... ...................................................1 0 FIGURES Figure 1: Site Location and Topographic Map Figure 2: Key Map Figure 3: Area A & Cross-Section ATTACHMENTS Purpose and Need- Alternative- Site Analysis Avoidance and Minimization Jurisdictional Determination (JD) Threatened or Endangered Species Cultural Resources Compensation Erosion and Sediment Control ' NATIONWIDE PERMIT 39 (NWP 39) BEST PROPERTY ' VULCAN CONSTRUCTION MATERIALS VANCE COUNIY. NORTH CAROLINA ' EXECUTIVE SUMMARY Purpose and Need ' Vulcan Construction Materials, LP, (Vulcan) proposes to expand the storage capacity of the current overburden pile at Greystone Quarry in Vance County, North Carolina, as a result of the ' growing demand for construction aggregate. Alternative Site Analysis ' Alternative sites in the general area were evaluated. Due to the cost of purchasing new properties, and the availability of the project area already within the property boundaries; and the ' proximity of the proposed expansion to the current operations, no alternative sites were viable options. Therefore, the preferred alternative is to meet the current demand for aggregates by expanding the current facility. Avoidance and Minimization ' Due to the existing location of the overburden pile and the proximity to forested wetlands, complete avoidance of any impacts was not possible. However, the proposed project intends to ' impacts only 464 square feet (0.011 acres) of forested wetlands. Based on the estimated need for stage of overburden, the inability to increase the height of current pile without expanding the footprint due to the slope stability requires, and the lack of available purchasable property in ' adjacent properties, the impacts to 464 square feet of forested wetland cannot be avoided. Threatened and Endangered Species According to a preliminary online search of the U.S. Fish and Wildlife (USFWS) database of state and federally listed species in North Carolina, listed by county, the dwarf wedge mussel (Alasmidonta heterodon) is listed as endangered by FWS for Vance County. It is Resource's opinion that the project area does not contain any potential habitat for the dwarf wedge mussel, and therefore, will not adversely impact this species or its habitat. ' Cultural Resources ' An online archives search was conducted of the North Carolina Office of Archives and History and the North Carolina Department of Cultural Resources. No cultural or historic resources have been identified within the project boundaries at this time. A search of the National Register of ' Historic Places for Vance County, North Carolina, revealed several listings in the vicinity of the city of Henderson, but none within the project boundaries. 11 ' Compensation Plan The proposed project intends to impact 464 square feet (0.011 acres) of forested wetlands as part ' of the expansion of the storage capacity of the overburden pile. Due to the size of the impact being less than the lower limits for compensation, it is our understanding that no compensation will be-needed for this project. 1 ' JUNE 2009 BEST PROPERTY - VULCAN CONSTRUCTION Date Application Number Project Name ADDITIONAL INFORMATION REQUEST CHECKLIST ' *Please provide all items listed below that have an "X" in the missing box SUBMISSION REOUIREMENT ENCLOSED MISSING (1) The applicants name, contact person, mailing address, telephone General number, if applicable fax number and email address Information (2) The authorized agents name, contact person, mailing address, General telephone number, if applicable fax number and email address Information (3) The name of the project, purpose of the project and a description of General the activity Information (4) The name of the waterbody or waterbodies, as applicable General Information (5) A copy of the USACE delineation confirmation for the entire project Jurisdictional site Determination (6) The hydrological unit code (HUC) for the project area General Information (7) The name of the city or county where the project is located General Information - (8) Latitude and longitude (to the nearest second) from the central General location of the project site Information (9) A detailed location map of the project area. The map should be of Figure 1 sufficient detail such that the site may be easily located for site preparation (10) A topographic map with the project boundaries clearly marked Figure 1 (11) The appropriate appendices from the JPA, including signature page ATTACHMENT A (12) A reproducible 8 '/2 x 11 development plan Figure 2 (13) Large scale plan view. All plan view sketches should include, at a Attached minimum, north arrow, scale, existing structures, existing and proposed contours, limit of surface water areas, impact limits, and location-and dimension of all proposed structures in impact areas. In addition, cross- sectional sketches may be required for impacts associated with the installation of structures. (14) Tabular summary of impacts to waters of U.S. General Information (15) Surface water impact information (wetlands, stream or open water) General for both permanent and temporary impacts, including a wetland Information description of the impacts and the impact area (in square feet, linear feet or acres). Wetland impacts should be quantified according to their Cowardin classification or similar technology. PLEASE ADDRESS THE FOLLOWING: (16) A description of the measures taken during project design and Avoidance development both to avoid and minimize impacts to surface waters to the And maximum extent practicable. In some cases alternative plans may be Minimization required. PLEASE ADDRESS THE FOLLOWING: (17) Federally endangered and threatened species information on the Threatened & drawing and three copies of any field reports Endangered Species 11 (18) Historic resources information and related correspondence, Cultural including a large plan view depicting all historical resources located Resources- within project boundaries. We need three bound copies of any field reports. The reports must be prepares per VDHR standards (19) A description of the intended compensation for unavoidable Compensation impacts, including: *applicants proposing to compensate off-site, Plan including the purchase of credits or in-lieu contribution, shall first discuss the feasibility of on-sits compensatory mitigation. If on-site compensatory mitigation is practicable, applicants must provide documentation as to why the proposed off-site compensatory mitigation is ecologically preferable. The evaluation should include: water quality benefits, hydrological source, hydrological regime, watershed, surface water functions and values, vegetation type, soils, impact acreage, distance from impacts, and timing of compensation. A. A conceptual mitigation plan, at a minimum, must be submitted and shall include: (a) the goal and objectives in terms of replacement of wetland or stream N/A acreage and function (b) a location map, including latitude and longitude (to the nearest second) at the centre of the site (c) a wetland delineation confirmation and data sheets,_and maps for existing wetland areas on the proposed site or sites (d) a conceptual grading plan (e) a conceptual planting scheme, including suggested plant species, zonations and acreage of each vegetation type proposed (f) a proposed soil preparation and amendment plan addressing both topsoil and subsoil conditions (g) a description of the proposed success criteria (h) a proposed construction schedule, with an estimated completion date B. A compensatory plan involving stream restoration shall submit a plan that includes items 1 through 8 listed above and: (a) the proposed stream segment restoration locations, including plan view and cross-section sketches (b) the stream deficiencies that need to be addressed (c) the restoration measures to be employed, including proposed design flows and types of instream structures C. Any compensation plan proposing the purchase of mitigation back credits shall include: (a) the name of the proposed mitigation bank (b) the number of credits proposed to be purchased or used (c) a credit availability letter 1 r] 1 1 0 -oF WN A r?R 5: T COURTESY Y r"'*Opy 09-0826 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number-been verified by the Corps? NX Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit N 401 Water Quality Certification - Express N -Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: NX Yes ? No For the record only for Corps Permit: ?X Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. N Yes NX No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ?X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No 2. Project Information 2a. Name of project: Best Property - Greystone Quarry 2b. County: Vance County 2c. Nearest municipality / town: City of Henderson W L-03 2d. Subdivision name: N/A jUL , 10 2nnn 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information DENR - WATER QUALITY WETLANDS AN 3a. Name(s) on Recorded Deed: N/A 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): Mr. Walter Beck, Vulcan Construction MaterialsChs 3d. Street address: 5601 Ironbridge Parkway 3e. City, state, zip: Chester, Virginia 23831 3f. Telephone no.: (804) 717-5770 x234 3g. Fax no.: (804) 717-9924 3h. Email address: BeckW@VMCMAIL.COM Page 1 of 10 PCN Form - Version 1.4 January 2009 P L u U D 1 i 0 L 1 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: See above 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Thaddeus J. Kraska, PWD, Project Scientist 5b. Business name (if applicable): Resource International, LTD 5c. Street address: 9560 Kings Charter Drive 5d. City, state, zip: Ashland, Virginia 23005 5e. Telephone no.: (804) 550-9200 x 233 5f. Fax no.: (804) 550-9259 5g. Email address: tkraska@resourceintl.com Page 2 of 10 1 D 11 11 11 7 J I F 1 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude. 36.369322 Longitude: 78.352133 1 c. Property size: 36 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: unnamed pond 2b. Water Quality Classification of nearest receiving water: N/A 2c. River basin: Middle Roanoke 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Best Property is a mostly agricultural property with approximately one-third of the land being forested where it becomes Vulcan property. The project location is forested with industrial land use to the south, rual residential property tot he north, east, and west. 3b. List the total estimated acreage of all existing wetlands on the property: 0.011 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The purpose is to expand the storage area for the overburden pile and extend the operational lifetime of the quarry. 3e. Describe the overall project in detail, including the type of equipment to be used: Earth moving equipment will be used to add fill to 0.011 acres (464 square feet) of forested wetland to bring the grade to level with the existing adjacent overburden storage area. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ?X Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Thaddeus J. Kraska, PWD Agency/Consultant Company: Resource International, LTD Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Desktop issued by Eric Alysmeyer. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ?X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ?X No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 n F n r. 1 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ?X Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction i 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.011 W2 Choose one Choose one Yes/No W3 Choose one Choose one YestNo- W4 Choose one Choose one Yes/No - W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.011 2h. Comments: Total impacts to headwater PFO wetlands is 0.011 acres. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one - S3 Choose one S4 Choose one S5 - Choose one - S6 Choose one 3h. Total stream and tributary impacts 0 3i. Comments: No impacts proposed. Page 4 of 10 PCN Form - Version 1.4 January 2009 r LI H F 1 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: No impacts proposed. 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Pi Choose one P2 Choose one 5f. Total: 5g. Comments: No impacts proposed. 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: _6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you-MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: No buffers associated with this project. Page 5 of 10 r L rl L L u C' D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The storage area was designed to impact the least amount of wetlands possible while maximizing the storage potential for the quarry, thereby minimizing the need for future expansion. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. This area was chosen due to it having the smallest impacts to wetlands. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ?X No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank N/A 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: No Compensation is required. 3c. Comments: 4. Complete if Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. No compensation is required. Page 6 of 10 PCN Form -Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ N/A 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes OX No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: No riparian buffers are present. Page 7 of 10 F F -1I _i c F D 1 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ?X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall-percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Due to the size of the impact being relatively small and the project being and expansion of and exiting storage area, erosion and sedimentation control practices should suffice for protecting downstream wetlands from impacts. An existing berm at the down gradient end, prevents impacts to down gradient areas and flows directly intot he quarry, thus eliminating any possibility of downstream sedimentation. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: No SWP required 2e. Who will be responsible for the review of the Stormwater Management Plan? N/A 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review N/A E]Coastal counties ?HQW 4a. Which of the following state-implemented stormwater management programs-apply ?ORW (check all that apply): ?Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.4 January 2009 F r 0 0 1 1 F. Supplementary information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ?Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes ?X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ?X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Page 9of10 PCN Form - Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes X No ? ? habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes X? No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Online database search of USFWS Threatened and Endangered Species and Habitat by County for Vance County, North Carolina 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Online database search of USFWS Essential Fish Habitat by County for Vance County, North Carolina 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ?X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Online database search of North Carolina Department of Cultural Resources and North Carolina Office of Archives and History, including the North Carolina Listings in the National Register of Historic Places by County for Vance County, N.C. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ? No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Floodplain Maps online database for State of North Carolina, Vance County, Reference FEMA FIRM # 3720198400J, April 16, 2007. Walter C. Peck, III C. { J 7/6/2009 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 u 1 FIGURES k 11 1 0 I FIGURE 1 I SITE LOCATION AND TOPOGRAPHIC MAP E 0 ' o I rn 0 O N T O N O a rn v ui w C7 w l a ?I F- U) w mI ' LI) 0 ? I N O N O? C_ 0 T L O CL O USDA-NRCS-NATIONAL CARTOGRAPHY AND m GEOSPATIAL CENTER DIGITAL RASTER GRAPHIC MrSID MOSAIC, VANCE COUNTY, VIRGINIA SCALE: 1 " = 2000' 0 aO I O_ N to O 0) -1 N ' U o ` FIGURE 1 a SITE LOCATION AND TOPOGRAPHY MAP JOINT PERMIT APPLICATIONS ' BEST PROPERTY VULCAN CONSTRUCTION MATERIALS APPROXIMATELY 36 ACRES ' VANCE COUNTY, NORTH CAROLINA MAY 4, 2009 NOTE: ALL LOCATIONS ARE APPROXIMATE. RESO URGE qqr? INTERNATIONAL, LTD. ENGROM S o SCII EN 7STS o SURVEYORS oPLANNERS P.O. BOX 8180 ? 9b80 KINGS CHARTER DRIVE o ASHLAND, VA 23005 (804) 550-9200 FAX (804) 550-9259 FIGURE 2 KEY MAP E 0 rn O O N 0 a d ?I U) w mI Lo 0 ?V t t / tr lj 'BUC?HAN BST u s >? \ > t u 1 r r PROJECT LOCA`T?ON f =< ; ' - AREA A . ? r 24 00RRUGAiEO ; s -- r. *, r F(Gl}RE.3.r SCALE: 1 " = 300' m m 0 N co O Lo 01 y U N 0 W J LEGEND: PROJECT BOUNDARY WETLAND BOUNDARY FIGURE 2 KEY MAP JOINT PERMIT APPLICATION BEST PROPERTY VULCAN CONSTRUCTION MATERIALS APPROXIMATELY 36 ACRES VANCE COUNTY, NORTH CAROLINA MAY 4, 2009 NOTE: ALL LOCATIONS ARE APPROXIMATE. ?r RESOURCE r INTERNATIONAL, LTD. EINGOTEHRS o SCIENMTS o SUR E 0147 oPLAlrlrERS P.O. BOX 8180 0 9580 KINGS CHARTER DRIVE o ASHLAND, VA 23005 (804) 550-9200 FAX (804) 550-9259 FIGURE 3 AREA A & CROSS-SECTION O LL. Q Q p p Q z z p p Q p Z Z N J F- O =) D w m m m M 0 p F- I-- in LLI of U Z Z LEI LLJ LLj Q J cn 0 0 Q ? 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ATTACHMENTS n 7 r 11 F PURPOSE AND NEED r NATIONWIDE PERMIT 39 (NWP 39) ' BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA ' PURPOSE AND NEED ' Vulcan Construction Materials, LP; (Vulcan) proposes to expand the storage capacity of the current overburden pile at Greystone Quarry in North Carolina. The market area is continually growing; therefore the need for residential and commercial construction aggregates to accommodate the construction demands of an expanding populationis high. Storage of overburden is a necessary function of aggregate mining and the storage capacity of the overburden pile cannot be exceeded. With the growing needs for construction aggregates, the ' need for expanded overburden storage follows. The purpose of this project is to expand the storage capacity of the current overburden pile as its proximity to the mining operations is vital to keep transportation of materials costs as low as possible, thereby keeping the cost to the ' consumer as low as possible as well. 11 I ATERNATIVE SITE ANALYSES NATIONWIDE PERMIT 39 (NWP 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA ALTERNATIVE SITE ANALYSIS The purpose of this analysis is to locate alternative sites that would provide a location for an ' overburden pile within the market/service area with the lowest transportation cost or smallest travel distance, while causing the least environmental impact. ' The no-build alternative and other sites were investigated for their suitability to meet the above stated goals. The storage of overburden is a necessity in the aggregate mining industry. The no-build alternative would create a situation where the overburden pile would exceed its capacity for storage and operations could potentially stop while a new location for overburden was found, thus creating a situation where the local demand for construction aggregates would not be satisfied. The no-build alternative is not an option. ' Alternative sites in the general area were evaluated. Due to the cost of purchasing new land, and the availability of the project area already within the property boundaries; and the proximity of ' the proposed expansion to the current operations, no alternative sites were viable options. Due to the highly competitive nature of the aggregate industry, the sites evaluated are proprietary and if disclosed would provide Vulcan's competitors with vital information about Vulcan's operations. ' Therefore, the preferred alternative is to meet the current demand for aggregates by expanding the current facility. I AVOIDANCE AND MINIMIZATION NATIONWIDE PERMIT 39 (NWP 39) ' BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA ' AVOIDANCE AND MINIMIZATION It has become necessary for Vulcan Construction Materials, LP (Vulcan) to expand their current operation at Greystone Quarry in Vance County, North Carolina, to increase the storage capacity for the overburden pile. The proposed project will expand Vulcan's storage capacity within its ' current property boundaries, as that is the only viable option for this proposed project. Furthermore, based on Vulcan's current needs to supply the demand of the local market, efforts ' were made to avoid impacts to the forested wetlands by increasing the height of the existing overburden pile. Evaluations of angle of repose for the overburden pile were determined based on standard civil engineering principals and acceptable safety factors. Vulcan determined that ' they are currently operating within these standard principals and increasing the height of the overburden pile is not a feasible alternative, as the surrounding area could not accommodate the greater base required to support the higher stockpile peaks. Therefore, based on the estimated ' need for storage of overburden, the inability to increase the height of current pile, and the lack of available purchasable land in adjacent properties, the impacts to 464 square feet of forested wetland cannot be avoided. H 0 C 0 ? JURISDICTIONAL DETERMINATION (JD) J 1 11 NATIONWIDE PERMIT 39 (NWT 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA JURISDICTIONAL DETERMINATION On March 25, 2009, an onsite meeting with Mr. Eric Alsmeyer of the US Army Corps of Engineers (Corps) and Thaddeus J. Kraska of Resource Intl. (Resource) was held to obtain a jurisdictional determination (JD) for the wetland boundaries delineated by Resource wetland scientists. Mr. Alsmeyer issued an approved verbal jurisdictional determination at the conclusion of the site visit. Due to circumstances beyond Resource's control, a written JD has not yet been received. Mr. Alsmeyer indicated that his search of the US Fish and Wildlife Service (FWS) databases indicated that no threatened and endangered species were documented within the vicinity of this project. Therefore, there are no anticipated impacts to threatened and endangered species. Mr. Alsmeyer has also indicated that his search of the North Carolina State Historic Preservation Office databases indicated that no archeological or architectural resources have been documented within the vicinity of the project. For further information, please contact Mr. Eric Alsmeyer at: US Army Corps of Engineers, Wilmington District ' Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 ' Phone: 919-554-4884, x23 Fax: 919-562-0421 ' Email: eric.c.alsmeyer@usace.army.mil C u Kraska, Thaddeus Page 1 of l ' From: Alsmeyer, Eric C SAW [Eric.C.Alsmeyer@usace.army.mil] Sent: 2009-03-25 11:36 ' To: Kraska, Thaddeus Subject: Vulcan quarry, Vance County NC, Prel JD form. Attachments: PrelJD Form - RGL-08-02-attachment[ 1].doc ed: As we discussed, see the att. Preliminary JD form from the 08-02 RGL. Please fill in as much of the form as you can nd have the form signed by the applicant. You can mail or e-mail the signed form back to me. lease reply or call if you have any questions or if I may serve you in any other way. (Eric Alsmeyer Project Manager Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 Jel: (919) 554-4884, x23 ax: (919) 562-0421 RegulatoryHomepage: htty://www.saw.usace.army.mil/WETLANDS lease help us better serve you! Take our brief online Customer Service Survey. (http:l/reg_ulatory.usacesurvey.com/) 0 1 009-06-18 1 n I THREATENED OR ENDANGERED 1 n r 11 L n 1 SPECIES NATIONWIDE PERMIT 39 (NWP 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA THREATENED OR ENDANGERED SPECIES According to a preliminary online search of the U.S. Fish and Wildlife (FWS) database of state ' and federally listed species in North Carolina, listed by county, one species was listed as endangered for Vance County. The dwarf wedgemussel (Alasmidonta heterodon) is listed as ' endangered by FWS for Vance County. It is Resource's opinion that the project area does not contain any potential habitat for the dwarf wedgemussel, and therefore, will not adversely impact this species or its habitat. The results of this search are included- with this attachment. ' In accordance with permit regulations, if any previously unknown threatened or endangered are encountered during construction activities, the United States Army Corps of Engineers - Norfolk ' District will be notified, in order to initiate Federal and State coordination. 11 11 Vance County Endangered Species, Threatened Species,Federal Species of Concern, and ... Page 1 of 2 Endangered Species, Threatened Species,Federal Species of 1 Concern, and Candidate Species, Vance County, North Carolina Updated: 01-31-2008 Common Name Vertebrate: American eel Bald eagle Carolina madtom Pinewoods shiner Invertebrate: Dwarf wedgemussel Yellow lampmussel Yellow lance Vascular Plant: Buttercup phacelia Nonvascular Plant: Lichen: Scientific name Anguilla rostrata Haliaeetus leucocephalus Noturus furiosus Lythrurus matutinus Alasmidonta heterodon Lampsilis cariosa Elliptio lanceolata Phacelia covillei Federal Record-Status Status FSC Current BGPA Current FSC Current FSC Obscure E Current FSC Current FSC Current FSC Current ' Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout-all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a ' significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C 1 " candidate species.) ' BGPA =Bald and Golden Eagle Protection Act. See below. FSC = federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the ' future, and many of these species were formerly recognized as "C2" candidate species. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of htt://www. p fws.gov/nc es/es/cntyhst/vance.html 2009-06-11 F 1 1 1 Vance County Endangered Species, Threatened Species,Federal Species of Concern, and ... Page 2 of 2 appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing -on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. http://www.fws.gov/nc-es/es/cntylist/vance.html 2009-06-11 1 I 0 1 ? CULTURAL RESOURCES I 1 u 1 1 1 1 1 1 1 1 NATIONWIDE PERMIT 39 (NWP 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA CULTURAL RESOURCES An online archives search was conducted of the North Carolina Office of Archives and History and the North Carolina Department of Cultural Resources. No cultural or historic resources have been identified within the project boundaries at this time. A search of the National Register of Historic Places for Vance County, North Carolina, revealed several listings in the vicinity of the city of Henderson, but none within the project boundaries. In accordance with permit regulations, if any previously unknown cultural resources are encountered during construction and restoration activities, the Corps -Wilmington District will be notified, in order to initiate Federal and State coordination. i n n J 1 11 COMPENSATION NATIONWIDE PERMIT 39 (NWP 39) BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA COMPENSATION The proposed project intends to impact 464 square feet (0.01 acres) of forested wetlands as part of the expansion of the storage capacity of the overburden pile. Due to the size of the impact being less than the lower limit for compensation, it is our understanding that no compensation will be needed for this project. n II r I EROSION AND SEDIMENT CONTROL 1 u u 1 1 NATIONWIDE PERMIT 39 (NWP 39) ' BEST PROPERTY VULCAN CONSTRUCTION MATERIALS VANCE COUNTY, NORTH CAROLINA ' EROSION AND SEDIMENT CONTROL MEASURES The final construction plans will include an Erosion and Sediment Control Plan that controls the ' introduction of sediments to surface waters and meets the latest State regulations and adheres to the methodology prescribed in the North Carolina Sedimentation Control Act of 1973 and the most current version of the North Carolina Erosion and Sediment Control Planning and Design Manual, and other applicable local and federal guidelines. 1 1 1 1 1 1 1 1 1 1 1