19910243 Ver 1_Complete File_19910101

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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 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary August 22, 1991 Director
Mr. J. L. Thompson
J and M Sand Company
Route 2, Box 544F
Mount Holly, North Carolina 28120
Dear Mr. Thompson:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand dredging operation
Gaston County
Attached hereto is a copy of Certification No. 2624 issued
to J and M Sand Company dated August 22, 1991.
If we can be of further assistance, do not hesitate to
contact-us.
Sincerely,
?e• ?? George T. Everett
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
Tracey Davis, Div. Land Quality
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pais
P.O.,Box 29535, Raleigh, North Carolina 27626-0515 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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11 NORTH CAROLINA
Gaston County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States
and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to J & M Sand
Company pursuant to an application filed on the 26 day of June,
1991 to conduct a sand dipping operation by hydraulic dredge.
The Application provides adequate assurance that the
discharge of fill material into the waters of South Fork Catawba
River in conjunction with the proposed sand excavation in Gaston
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity outside
the area of construction or construction related
discharge (increases such that the turbidity in the
Stream is 25 NTU's or less are not considered
significant).
2. A NPDES permit may be required for discharge of
water from the settling basins. Applicant should
contact Mooresville Regional office of DEM
(704/633-1699) to confirm.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 22 day of August, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
did"
George T. Everett, Director
WQC# 2624
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M,l??miary
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
June 24, 1991
MEMORANDUM
T0: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
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Roger N. Schecter
Director
The attached U.S. Army Corps of Engineers Public Notice No. 2210 dated June 6, 1991
describing a project proposed by J and M Sand Company is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10
permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by Jugy 3, 1991. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
VERBAL COMMENTS REQUESTED
REPLY L/ This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed' Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fmial Onnortunity Affirmative Action Emolover

=,,. STATE ,-:;
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. State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
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Dr. G. Wayne ht
Corps of Engine
P. 0. Box 1890
Wilmington, NC 284
Dear Dr. Wright:
August 13, 1991
William W. Cobey, Jr., Secretary
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action ID.
199102210 dated June 6, 1991 which describes a project proposal by the J & M
Sand Company of Mount Holly. The project, involving sand mining by hydraulic
dredge, is located in the Catawba River, near Cramerton, in Gaston County.
Based on a coordinated agency review, the state interposes no objection
to the mining operation subject to a final action by the Division of
Environmental Management. This office understands that an NPDES permit is
being processed for the settling pond discharge from the operation.
Additionally, important comments from three of our cooperating agencies
have been submitted and are provided for your consideration. These agencies
and the comments of each follow:
Division of Highways - while not objecting, does wish to establish
in the record an expression of concern for long term effect relative
to channel stability at the U. S. 74 bridge and any subsequent damage
to the bridge;
Division of Land Resources - reports that the mining application is being
processed and that the Division has no objection to the project. It is
reported that mining has taken place at this site in the past;
Wildlife Resources Commission - expresses concern over the potential
for impacts to water quality, wetland an upland habitat. However,
that agency will not object provided the six items listed below are
incorporated into the Corps permit and/or are otherwise carried out
at the site. It is the writer's understanding that the settling ponds,
for example, have already been constructed.
1) A minimum of 2 settling ponds designed such that discharge
water meets minimum DEHNR Water Quality Section turbidity
standards is required. During our site visit, the applicant
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Dr. G. Wayne Wright
Page 2
August 13, 1991
implied that water pumped from the river could be settled
out in wetlands rather than in settling ponds. Under no
conditions are wetlands to be used as settling ponds.
2) Settling ponds should be dipped out and cleaned when they
are half full of deposited material so that a major rain-
fall will not cause them to overflow.
3) Cut banks on the east side of stockpile should be sloped
and revegetated to prevent erosion.
4) Adjacent wetlands must be protected from mining site runoff
and discharge water by the construction of low earthen
vegetated berms.
5) Revise revegetation plan to include VA-70 shrub lespedeza
and Korean lespedeza in all areas where erosion is not
expected to be severe. These species provide greater
wildlife value than fescue and sericea lespedeza.
6) Revise reclamation plan to require the reestablishment of
a 50-foot riparian zone between mine site and river by
planting native trees and shrubs. This will stabilize
stream banks and replace riparian vegetation lost to
previous mining activities.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
Jo R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw.
cc: Division of Environmental Management
Wildlife Resources Commission
Division of Land Resources
Department of Transportation

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMO TO:
FROM:
PREPARED By:
SUBJECT:
John Dorney'
Rex Gleason
Michael Parke A/
401 Certification Review
Gaston County
August 7;'1991 "t
C4
The following project has been reviewed by the staff of this
Office, and issuance of a 401 Certification is recommended:
1. J and M Sand Company, dredge operation, no wetlands
affected. NPDES Permit requested for discharge of water
from settling basins.
If you have any questions regarding this matter, please
advise.
MLP

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
June 24, 1991
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
Roger N. Schecter
Director
The attached U.S. Army Corps of Engineers Public Notice No. 2210 dated June 6, 1991
describing a project proposed by J and M Sand Company is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10
permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by Ju]Ly 3, 1991. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
VERBAL COMMENTS REQUESTED
REPLY 1___11 This office supports the project proposal.
No comment. '
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fniial Onnnrnmity Affirmative Action Emolover
6
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199102210 June 6, 1991
PUBLIC NOTICE
J AND M SAND COMPANY, Route 2, Box 544F, Mount Holly, North Carolina
28120, represented by MR. J. L. THOMPSON, has applied for a Department of the
Army (DA) permit TO EXCAVATE SAND FOR COMMERCIAL SALE FROM THE SOUTH FORK
CATAWBA RIVER WITHIN THE UPPER LIMITS OF LAKE WYLIE, CRAMERTON, Gaston County,
North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation of approximately 60 cubic yards per
day of river run sand from a 1,450-foot-long, 95-foot-wide, 6-foot-deep area.
Sand is to be excavated by hydraulic dredge and pumped to a storage area on
the river bank which has been used in sand mining operations as recently as
1979. No wetlands are to be affected although forested wetlands are present
immediately adjacent to the storage area. A mooring cable for the dredge is
to span the river and is to be marked with warning signs. Vertical clearance
of the cable above the normal water elevation is to be equal to or greater
than the clearance of the U.S. Highway 74 bridge located immediately
downstream of the mining site. The applicant indicates that the dredge would
operate 4 to 5 days a week for an initial period of 3 years. The purpose of
the work is to excavate river run sand for commercial sale. Plans showing the
work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the comment period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
E,
-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and, if so, the conditions under
which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national
concern for both protection and utilization of important resources. All
factors which may be relevant to the proposal must be considered including the
cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore 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 placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; 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

-3-
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 and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Steven Lund, until 4:15 p.m., June 21,
1991, or telephone [phone].
JUN e2 '91 13.20 COE-ASHEViLLE
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J & M SAPID COMPANY At: Cramerton
Rt. 2 Box 5440 County: Gaston State: NC
Mt. Hotly, NC 28I20 Application By: J.M. 1homp
Date: May 16, 1991
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Application By: J.M. Zhomp
Date: May 16, 1991
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Rt. 2 Box 544F
Mt. Holly, NC 28120

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Application By: J.M. Zhomps
Date: May 16, 1991
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Application By: J.M. Thomp
Date: May 16, 1991
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J & M SAND COMPANY County: Gaston State: NC
Rt. 2 Box 544P Application By: J.M. ThoWp
Mt. Holly, NC 28120 Date: May 16, 1991
Sheet 5 of c9
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199102210 June 6, 1991
PUBLIC NOTICE
J AND M SAND COMPANY, Route 2, Box 544F, Mount Holly, North Carolina
28120, represented by MR. J. L. THOMPSON, has applied for a Department of the
Army (DA) permit TO EXCAVATE SAND FOR COMMERCIAL SALE FROM THE SOUTH FORK
CATAWBA RIVER WITHIN THE UPPER LIMITS OF LAKE WYLIE, CRAMERTON, Gaston County,
North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation of approximately 60 cubic yards per
day of river run sand from a 1,450-foot-long, 95-foot-wide, 6-foot-deep area.
Sand is to be excavated by hydraulic dredge and pumped to a storage area on
the river bank which has been used in sand mining operations as-recently as
1979. No wetlands are to be affected although forested wetlands are present
immediately adjacent to the storage area. A mooring cable for the dredge is
to span the river and is to be marked with warning signs. Vertical clearance
of the cable above the normal water elevation is to be equal to or greater
than the clearance.of the U.S. Highway 74 bridge located immediately
downstream of the mining site. The applicant indicates that the dredge would
operate 4 to 5 days a week for an initial period of 3 years. The purpose of
the work is to excavate river run sand for commercial sale. Plans showing the
2RQ work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the comment period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
1991
? SUN
RECEi vA?n
w AZER Q
planning Branch
9