19930382 Ver 1_Complete File_19930510

State of North Carolina
Department of Environment,
Health and Natural Resources ???
Division of Environmental Management -?
James B. Hunt, Jr., Governor
;wonathan B. Howes, Secretary
I F. "A N F=?L
A. Preston Howard, Jr., P.E., Director
August 9, 1993
Mr. Dexter C. Tate
Martin Marietta Aggregates
P.O. Box 240635
Charlotte, N.C. 28224-0635
Dear Mr. Tate:
Subject: Proposed fill in Wetlands or Waters
Pit expansion, Kings Mountain quarry
Cleveland County
DEM Project # 93382
Upon review of your request for 401 Water Quality Certification
to place fill material in 5.7 acres of wetlands or waters which are
tributary to Kings Creek to expand the quarry into a partially drained
pond and relocate a stream located at Highway 210 in Cleveland County
as described in your submittal dated 10 May 1993 and 30 July 1993, 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. Additional conditions are that the stream relocation shall be
done as outlined in your 30 July 1993 letter and the old settling pond
shall be left undisturbed.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150E of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sin erely, `
I
P eston Howard, J P.E.
93382.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
s
MEMORANDUM PRINT NAMES:
Reviewer:
TO: John Dorney WQ Supv.: zfb?
Planning Branch DATE: 3 ZD
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 00003132 COUNTY: CLEVELAND
APPLICANT NAME: MARTIN MARIETTA CORP. - KINGS MTN QUARRY
PROJECT-TYPE: EXPAND QUARRY PERMIT-TYPE: NW26
COE_#: DOT #:
RCD_FROM _CDA: APP DATE FRM CDA: 05/10/93
REG OFFICE : MRO RIVER AND SUB BASIN # : l2?/204 /?)
STREAM-CLASS: C
WL___IMPACT? : 6)/N
WL_REQUESTED:
r
WL_SCORE(#):
HYDRO_CNECT?:O/N
MITIGATION-TYPE: A)119-
COMMENTS:
t
C-14 Q
=J

cc: Regional Office D tS Il
Central Files AUG 23?
RECOMMENDATION (Circle One): ISSU ISSUE/CQND DENY
STR_INDEX_NO: '9-0
WL_TYPE : /; °1pY ,# r,PI. iy1reAf4t
WL_ACR_EST?: ©/N
WATER IMPACTED BY FILL?:?V/N
MITIGATION?: 61N
MITI GATION_SIZE: /4&Adk "0.04
IS WETLAND RATING SHEET ATTACHED?:6)N
• ,c
•
•
.
.
Wetland type (select one) ? Other
? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetland ;
? Wet flat •
The rating system cannot be applied to salt marshes.
•••.•.••••....•••.••..••

W
S
•••..••..••.•••••.•....••••.•w
•sum
ater storage •
Bank/Shoreline stabilization _7? ` ``` `'
x4
00- •
Pollutant removal .

Sensitive watershed
x 1
50
I
Travel corridor . .:..:.:::.::::.:;.::.:. Wetland score
® •
Special ecological attributes

Wildlife h
abitat

.50- :. .
Aquaticlifevalue :.<'>>» .

Recreation/Education
=
x 0
25
•
Economic value .

49
Project name Aer.r4U A&91e".1 A _ ,41 AlOW)IN11 Nearest road
County Wetland areal acres Wetland width t O feet
Name of evaluator ?'? Date ?,307Z-7
? Hydrologically connected ? Hydrologically isolated
- b
MARTIN MARIETTA AGGREGATES
July 30, 1993
g1) (V
Mr. John R. Dorney, Wetland Scientist
Water Quality Section
Division of Environmental Management
N.C. Department of Environment, Health and Natural Resources
P. O. Box 29535
Raleigh, NC 27626-0535
SUBJECT: Pit Expansion
Kings Mountain Quarry
Mining Permit #23-02
Dear Mr. Dorney:
In accordance with our meeting in Mooresville on July 27, 1993, we
would like to offer the following comments regarding the Kings
Mountain project.
Creek Diversion:
• The proposed creek will not be constructed as a straight
channel. The lay of the land will allow for a meandering
channel in several areas.
The bottom of the creek channel will be dug to provide riffle
and pool areas. Boulders will also be added if needed to
provide adequate habitat for fish and wildlife.
Carole Cameron, Landscape Specialist for Martin Marietta, will
oversee the planting of Willows and River Birch to provide
shade over portions of the waterway.
Old Settling Pond:
• The old settling pond located adjacent to I-85 contains a
large delta with wetland vegetation. The current size of this
delta is roughly 8 acres. We propose to leave this pond and
delta undisturbed.
POST OFFICE BOX 30013
RALEIGH, NORTH CAROLINA 27622-0013
TELEPHONE [phone]

Mr. John R. Dorney
July 30, 1993
Page 2
Dexter Tate and I enjoyed meeting with you and the Mooresville
staff to discuss this project. We trust that the above comments
will meet with your approval. Please give me a call at 919/783-
4631 if you have any questions.
Sincerely, 7
D<v.
Horace S. Willson
Manager
Environmental Services
HSW/bp
cc: Mr. Mike Parker
Water Quality Section
Mooresville Regional Office
Division of Environmental Management
P. O. Box 950
Mooresville, NC 28115-0950
Mr. Brian North
Land Quality Section
Mooresville Regional Office
Division of Environmental Management
P. O. Box 950
Mooresville, NC 28115-0950
Dexter Tate
U: \evs\horacew\kings. I
KINGS MOUNTAIN
SCALE: 1" = 1000"
POND AREA
DELTA AREA
1/2/93
IMPORTANT
To
Date G Time
WHIL YOU WERE OUT
M `l?? (1 CSL
of
Phone q
AREA CODE NUMBER EXTENSION

Message ' j\ t
.--

Sign
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
1?3v ? Printed on Recycled Paper

`7-,30 Q?-.

I

--- --fir Pte-
GlAk
Jvva-5-?--
--- - ---- ---- - -
ul-
.. ........
MEMO
,/,-" ?)-r clow
DATE:
SUBJECT:
fill
+- sou. ?,?.d

4- ?
- ZA, 'II2bj ??
Q
-39
61k- z"rav,
J? I I nc
?V) V" I From:
X Nort Caro ina Department of Environment,
Health, and Natural Resources gq Printed on Recycled Paper
QUnM
? .5
A
MAR11N MARIETTA AGGREGATES
U.S. Army Corps of Engineers
Regulatory Field Office
Room 75, Grove Arcade Building
37 Battery Park Avenue
Asheville, N.C. 28801-2714
Subject: Pit Expansion Martin Marietta,
Kings Mountain Quarry
Mining Permit #23-02
Dear Sirs:
CHARLOTTE DISTRICT
P. 0. BOX 240635
CHARLOTTE, NORTH CAROLINA 28224-0635
TELEPHONE [phone]
March 24, 1993

At our Martin Marietta Kings Mountain quarry we are proposing to relocate a section
of Kings Creek. This creek presently runs through a man made pond on our property. This
pond is our only economically feasible area for future pit expansion for the quarry.
The existing pit is surrounded by a number of obstacles which makes it impossible to
expand except through the pond area. On the west side of the pit there is 70' to 100' of
overburden which would need to be removed. The cost of doing this would be extremely high.
Also, the raw material or rock is not a good quality material. On the north side we are at our
limit because the close proximity of the property line. The east side has fiscal restraint of deep
overburden, Duke Power transmission lines, Kings Creek, and a pond. Therefore the south side
where the pond is, is the only realistic option we have for expansion.
The expansion would take place by first relocating the creek out of the pond. The pond
would than be completely drained and the silt excavated and placed in an approved berm. All
of this is shown on the plans provided. These plans have already been approved by the State
of North Carolina Department of Environmental Health and Natural Resources, Division of
Land Resources, Land Quality Section.
.S
U.S. Army Corps of Engineers
March 24, 1993
Page Two
Jot
1?
r,
f N ??
Mr. Steve Lund looked at this site and noted about six acres of wetlands in the pond
area. This pond has been partially drained. To my knowledge there are no endangered or
threatened species or critical habitat in the permit area. Also, to my knowledge there are no
historic properties in the permit area.
If you have any further questions, please feel free to give me a call.
Sincerely,
MARTIN MARIhh?TTA AGGREGATES
Dexter C. Tate
District Environmental Engineer
DCT:dmh
cc: Mike Pertsch
Horace Wilson
Don Champion
JUL-26-1993
d
Regulatc
11 16 FROM MARTIN MARIETTA TO RAL 3RD FLOOR P.02
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
FO. S0.X-18Gq`)
WILM NGTON, NORTH-CARP,L•`*A 28402-18901
J?y :393
IN REPLY REFEA TO 'r' l
ry Branch
Action ID. 199301767 and Nationwide Permit No. 26 (headwaters and Isolated
waters)
Mr. Dexter C. Tate
Martin Marietta Aggregates
Post office Box 240535
Charlotte, North Carolina 28224-0635
Dear Mr. Tate:
Reference your application of April 19, 1993, for Department of the Army
authorization to relocate approximately 1,900 linear feet of the headwaters of
Kings creek and excavate approximately 5.7 acres of marsh wetlands from within
a manmade pond for the purpose of expanding an existing rock quarry at Kings
Mountain, Cleveland County, North Carolina.
For the purposes of the U.S. army Corps of Engineers, gegulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to section 404 of the Clean Water Pict,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than to 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 ignited States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification re,%ist 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 NWP provided it is accomplished in strict
accordance with the enclosed conditions. This NKP does not relieve you of the
responsibility to obtain any required state or local approval. If you have
not already done so, you should contact Mr. John Dorney, NC Division of
Erivir<inmental management, at telephone [phone] regarding 401 Water
Quality Certification for this work-
JUL-26-1993 11 16 FROM MARTIN MARIETTA TO RAL 3RD FLOOR P.03
12-
Questions or comments may be addressed to Mr. Steven Lund, Asheville Field
Office, Regulatory $ranoh, telephone [phone].
Sincerely,
e Wri
hie , 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
Mr. John Dorney
Water Quality Section
Division of Enviroamental management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
alga aunIVNDIS
-Slaadoad au-3 u0 maag paAoaddv uT aoEld act of
L?SOdSIa SDVM3S 30 aOHISW aasod02ic SI I'dHM 'als-up 0I'Iad?' d? IE
Tsz4u994ss194ul uzuzys L7lliad02id ONIaNnOldUns d0 asn aN` 7 SI XVHM -a
-Adoo
HDVIId 'SoaroUd SIHZ UO3 aaxInbax SI NVId IN3W25VNKW USZKM UOIS V dI •Q
• SNIT NOII'daNl'IaQ aHI do IN3W33V7d 3HI Ox INVASTSU
slaaHS vxva T'IK Sanaoxi 'INHI'InsNOO Has CaWUO32t2d SVM, NOII'd3N2'IaQ 3I •0
• Zoaro,dd
is a3lovawi as OI saNv am. d0 HjvuDoioHa aAIIKIN3S3HdaH ' aZSH'IIKAH 3I 'S
- nluadoda aHI
No Saxv'I aNv `swvauis 'saN'd'IISM ZTd DNIMOHS cDM NOIXVaNl73a aNE'ixaM -K
:W3a is a22TIn5V NOIIrAHOdNI 7VNOIIIaav *LT
- Sduoo ox aaa? vmuod as aZnoHS OdHS aHI Noaa aSNodsau
( ) ON ( X) Sai LOS aNOa n0X aAVH
•Lxoaro ud aasoaoua aHI as aaxoaaav as xvw
HOIHM eaxv XINEad 3Hx NI s3ll2iadOldd OIUOISIH JO SONESSEd SHI JNIaEVOZi (OaHS)
'aa0lddo NOIjVAHaSaUd 01HOISIH 3XVIS aHx IoBINoo Ox aauinnau sav nox •9T
-sauoo Ox aaa2ivmuo3 as aanoHs sawN uo/aN`d smasn allm Woua saSNodsax
[ ) ON [XI Sal. LOS 3NOa nox 3AYH • I0aroua aasoao ua
3HI as aaioaaav as xw XvHl valdv Ilwasd aHI NI xvxIm -IvDllluO uo Sa20adS
a3NHIVSUHI uo aauaJNvaNa JNIISI'I x03 a3SOdoua do asisia .TZ'I'd2msaad ANK UO
30N3SZUd aHI JNIauvoax (S3WN) aOIAxaS SaI'd2HSI3 aNIUVK 'ISNOII'dN do/aNv (smasn)
-a'y[sT au, oaui aoixdas una-IIM aNK HSId •S•n aHI IOVINOO oI aaxInaax aEV not -ST
x0sq palaanap aq use xaaao auj pus aalum glTM do xosq TTZ 03 amo s a TM Td
STX1 -auam 0Taeap :- aoj asouo maa:j 3uo uo gig-3 sT sa
puo apzs aaggo aqq uo uapangaano 0 OOT 02 01 us 'a TS auO
z o o anp 9:j-Fm-F-[ mnmixsm sqz ?5uzasaM st jZd 3uz?sTx9 a •SIOFIdWi
aNK'IxaM aZIWINIW Ox N3XVI SMMSVSkl alON ' OS'IV • saN'd'ZxiM Nlqino aallduv0
as ISM XIIA110V SIHZ IVHI SaAal 13s IN'd0I7ddV 3HI XHM SNOSVaU SIVIS • VT
-au, anap ai aananj aO3 MOTTs oy :TdOM aasodoud d0 asoalmd *ET
-Eaas maaq panoadds us u aos d a TM TvTaaavm
pad nap :It aangn; ao3 puod au-a agsnsoxa pus wpap 'puod s o
a4POOTOI oy : (SN'nd H08xIS) )mom aasodo?id d0 NOIIdluOSala ' ZT
9 : aaxovaWl 7rxox
9 = aax rAyoxa
0 : aaao0'id
0 :aaNivxa
0 :Q3ZZI3
:ioaro*ad aasoaoud aHx
as aal0'ddWi ' SQNv7laM 9NIan'IONI ` • S • n aHi d0 suazvm do SauOH d0 Itaswnx • TT
-Z-

MARTIN MARIETTA AGGREGATES
Water Quality Planning
CHARLOTTE DISTRICT
P. 0. BOX 240635
CHARLOTTE, NORTH CAROLINA 28224-0635
TELEPHONE [phone]
April 19,
Division of Environmental Management i !
N.C. Department of Environmental, Health & Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535
Subject: Pit Expansion Martin Marietta,
Kings Mountain Quarry
Mining Permit #23-02
Dear Sirs:
At our Martin Marietta Kings Mountain quarry we are proposing to relocate a section
of Kings Creek. This creek presently runs through a man made pond on our property. This
pond is our only economically feasible area for future pit expansion for the quarry.
The existing pit is surrounded by a number of obstacles which makes it impossible to
expand except through the pond area. On the west side of the pit there is 70' to 100' of
overburden which would need to be removed. The cost of doing this would be extremely high.
Also, the raw material or rock is not a good quality material. On the north side we are at our
limit because the close proximity of the property line. The east side has fiscal restraint of deep
overburden, Duke Power transmission lines, Kings Creek, and a pond. Therefore the south side
where the pond is, is the only realistic option we have for expansion.
The expansion would take place by first relocating the creek out of the pond. The pond
would than be completely drained and the silt excavated and placed in an approved berm. All
of this is shown on the plans provided. These plans have already been approved by the State
of North Carolina Department of Environmental Health and Natural Resources, Division of
Land Resources, Land Quality Section.
N.C. Department of Environmental, Health & Natural Resources
April 19, 1993
Page Two
Mr. Steve Lund looked at this site and noted about six acres of wetlands in the pond
area. This pond has been partially drained. To my knowledge there are no endangered or
threatened species or critical habitat in the permit area. Also, to my knowledge there are no
historic properties in the permit area.
If you have any further questions, please feel free to give me a call.
Sincerely,
MARTIN MARIET'T'A AGGREGATES
Dexter C. Tate
District Environmental Engineer
DCT:dmh
cc: Mike Pertsch
Horace Wilson
Don Champion

saoinosaa IejnleN Pue `411a9H `lu9wualnu3 jo *Ida(] 'O'N
powal
aBessaW
NOISN31X3 u39WnN 3aOD V3NV
auoyd
0
W
1nO 38A ?11X
owll
ale(,
A
L j , I
of
llb'D 21flOJk 43N21f11321
1N3J21f1 flO.l 33S Ol S1Nb'M
Nlb'Jt/ llb'J IIIM flO.l 333 Ol 4311y3
llb'J 3Sb'31d a3NOHd3l31
1Nt/1>90d W1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 15, 1993
IN HEPLY HtFtH I U
Regulatory Branch
Action ID. 199301767 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Dexter C. Tate
Martin Marietta Aggregates
Post Office Box 240635
Charlotte, North Carolina 28224-0635
Dear Mr. Tate:
Reference your application of. April 19, 1993, for Department of the Army
authorization to relocate approximately 1,900 linear feet of the headwaters of
Kings Creek and excavate approximately 5.7 acres of marsh wetlands from within
a manmade pond for the purpose of expanding an existing rock quarry at Kings
Mountain, Cleveland 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 (NWP).
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 NWP provided it is accomplished in strict
accordance with the enclosed conditions. This NWP does not relieve you of the
responsibility to obtain any required State or local approval. If you have
not already done so, you should contact Mr. John Dorney, NC Division of
Environmental Management, at telephone [phone] regarding 401 Water
Quality Certification for this work.
A%0' . .
-2-
Questions or comments may be addressed to Mr. Steven Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
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
. 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
t