19910501 Ver 1_Time Ext Request_19910715

State of North Carolina
Department of Environment,
Health and Natural Resources
A41tiopj
Division of Environmental Management
James B. Hunt, Jr., Governor ED A 0111111111k AN
? H N F1
Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director
Mr. Mike Poplin
Senior Environmental Engineer
Vulcan Materials Company
Mideast Division
P.O. Box 4239
Winston-Salem, NC 27115-4239
December 19, 1995
Dear Mr. Poplin:
Re: 401 Water Quality Certification Mine Expansion, Elkin Quarry, Surry County
Thank you for your letter of 13 December 1995. The 401 Water Quality Certification issued on 15
July 1991 is hereby reissued for the tailing pond expansion at the Elkin Quarry. This certification will
expire on 21 January 1997 when the 404 Permit expires.
Please call Mr. John Domey of my staff at 919-733-1786 if you have any questions.
Sincerely,
cc: Winston-Salem DEM Regional Office
Raleigh Field Office Corps of Engineers
Ceritral Files
reston Howard, Jr.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal OpportunifyAffirmative Action Employer 50% recycled/ 10% post-consumer paper
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Materials Company
December 13, 1995
Mr. John Dorney
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, NC 27611-7687
Re: Elkin Quarry
Surry County
Dear Mr. Dorney:
Please find enclosed a copy of the NWT 26 recently reissued by the US Army COE. The permit
was original issued in 1991 (copy enclosed), but we are only now preparing to begin the project.
A copy of the originally issued 401 Certification dated July 15, 1991 is also enclosed.
Could you please review the above matter and advise if the Certification is still valid. If not, could
you reissue it based upon this request. Thanks for your attention to the above and contact me if
you have questions or need other information.
Sincerely,
Mike Popl
Senior Environmental Engineer
cc: Tim Hendrix w/o enclosures
wetlands\ 106wet 1
RECEIVED
DEC 1 31995
ENVIRONMENTAL SCIENCES
MIDEAST DIVISION / P.O. BOX 4239 • WINSTON-SALEM, NORTH CAROLINA 27115-4239 • TELEPHONE [phone]
17
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_2,7,)r 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 July 15, 1991 Director
Vulcan Materials Company
c/o Mr. Russ Willard
Post Office Box 4195
Winston-Salem, North Carolina 27115-4195
Dear Mr. Willard:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Mine expansion for tailing ponds
Surry County
Upon review of your request for Water Quality Certification
to place fill material in 0.5 acres of wetlands for tailing pond
construction at the Elkin Quarry, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2176 issued November 4, 1987. 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.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
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 919/761-2351
_ Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
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Signed
TELEPHONED PLEASE CALL
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N.C. Dept. of Environment, Health, and Natural Resources

1
GENERAL CERTIFICATION
THIS GENERAL 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
15NCAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a part
of the surface tributary system to interstate waters or
navigable waters of the United States (i.e. isolated
wetlands) as described in 33 CFR 330.5(a) (26) of the Corps
of Engineers' regulations. The category of'activities shall
include any fill activity in these headwaters and isolated
wetlands areas where the activity does not result in the
loss or substantial modification of 10 acres or more of
waters of the United States, including wetlands.
The State of North Carolina certifies that the
specified category of activity will not violate Sections
301, 302, 303, 306 and 307 of the Public Lawsr•92-500 and
95-217 if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of 1 to
10 acres of such waters, including wetlands,
requires a written concurrence from the Division
of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, II,
or III (public water supplies) and SA (shellfish
water-s). This exclusion also applies to fill in
wetlands adjacent to these waters. Discharge
proposed for these waters or wetlands must be
considered for certification on_ a- case-by-case
basis;
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 199102384 County Surrv
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent Vulcan Materials c/o Mr. Russ Willard
Address Post Office Box 4195, Winston-Salem. North Carolina 277155-4195
Telephone No.
Size and Location of project (waterway, road name/number, town, etc.) Vulcan Materials.
Elkin Quarry located off of N.C. 268, adjacent to the Yadkin River, near Elkin, in SLIM County.
North Carolina.
Description of Activity
Discharge of fill associated with development of a quarry stockpile area resultin in
approximately 0.5 acres of impacts to jurisdictional waters of an unnamed above headwaters
tr; utarv of the Yadkin River.
X Section 404 (Clean Water Act, 33 USE 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
NWP 26 Nationwide Permit Number.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned perrr?ittc%- of the responsibility to obtain any other required Federal, State, or
local approvals/permits. The permittee may need contact appr priate State and local agencies
before beginning work.
Regulatory Project Manager Signature 5'
Date November 17. 1995 Expir tion Date_
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating
condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to
the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to
impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil
disturbance.
6. Regional and Case-by-Case Conditions. The activity must comply with any regional conditions which may have been added
by the Division Engineer and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System: or in a river
officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an•official study
status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be
obtained or waived.
11. Endangered Species. No activity is authorized under and NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species
Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the
District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin
work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been
satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained
from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized.
Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and
10
the National Register of Historic Places (see 33 CFR 330.4 (g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake
except where the discharge is repair of the public water supply intake structure or adjacent bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g. trash, debris, car bodies,
etc.) and material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation
plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.
18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the
passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
impound waters).
19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic
system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent
practicable. - - -
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent
practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their - --
pre-existing elevation.
NATIONWIDE CONDITIONS
a. The discharge does not cause the loss of more than 10 acres of
waters of the U.S. For the purpose of this nationwide permit, the acreage of
loss of waters of the U.S. includes the filled area plus waters of the U.S.
that are adversely affected by flooding, excavation, or drainage as a result
of the project.
b. A 30-day notification to the District Engineer (DE) is required if
the discharge would cause the loss of water of the U.S. greater than one acre.
For discharges in special aquatic sites, including wetlands, the notification
must include a delineation of affected special aquatic sites including
wetlands.
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
STATE CONSISTENCY CONDITIONS
a. All fill material authorized by this permit must be obtained from an
upland source.
b. Use of this nationwide permit for waste disposal facilities is not
authorized.
C. If the proposed activity is within the North Carolina Coastal Area
and the activity will result in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must-receive written concurrence
from the North Carolina Division of Coastal Management (NCDCM) that the
activity is consistent with the North Carolina Coastal Management Program.
d. Should all or part of a proposed activity be located within an Area
of Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAMA) permit is regzired
from the North Carolina Division of Coastal Management (NCDCM). Should an
activity within or potentially affecting an AEC be proposed by a Federal
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDCM at least 90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. General Certification is denied for fills greater than one area in
SA, trout, HQW, ORW, WS-I and WS-II watersheds. General certification is
issued for all other waters for fills of not more than 10 acres and in those
watersheds specified above for fills of not more that one acre.
b. Proposed fill or substantial modification of greater than one-third
of an acre of such waters, including wetlands, requires a written concurrence
from the North Carolina Division of Environmental Management (NCDEM).
C. Established sediment and erosion control practices will be utilized
to prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's in all
--saltwater--classes and all lakes and reservoirs and 10--NTU-'s-in-trout waters).
d. Measures shall be taken to prevent live or fresh concrete from
coming into contact with waters of the State until the concrete has hardened.
e. Additional site-specific conditions may be added to this
Certification in order to ensure compliance with all applicable water quality
and effluent standards.
f. Concurrence from the North Carolina Division of Environmental
Management (NCDEM) that this Certification applies to an individual project
shall expire three years from the date of the cover letter from the NCDEM.
11
E_ Y,
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 11, 1991
SUBJECT: CESAW-C091-J-086 and Nationwide Permit No. 26
Vulcan Materials Company
c/o Mr. Russ Willard
Post Office Box 4195
Winston-Salem, North Carolina 27115-4195
Dear Mr. Willard:
c °9 r 4o : I A4,_ r DA, ,,

S4`) O? ??1 Nt?2 Gk,
S e ??,,,s DoN •QS
Reference the meeting of October 9, 1991, with Mr. John Thomas of my staff
and Mr. Jeff Moody of Alley, Williams, Carmen, and King (consulting engineer)
at the Elkin Quarry for Vulcan Materials Company located northeast of
intersection of N.C. 268 and Interstate 77 adjacent to the Yadkin River,
Elkin, Surry County, North Carolina. The purpose of this meeting was to
review site plans provided by Mr. Moody for a proposed fill between two
tailing ponds, and to inspect the site for wetlands subject to Department of
the Army permitting authority.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States.
The site visit and review of the plans revealed the proposed fill to ]e :In
area located between two tailing ponds. The tailing ponds are a closed system
and do not drain to the Yadkin River. A small wet area (0.5 acre) between the
ponds has been created by the actions of water circulation between the two
ponds. A letter from Mr. Moody dated May 21, 1991, states your desire to
proceed with the aforementioned proposed fill.
Your proposed work, involving adverse modification to less than an acre
(0.5 acre) of waters of the United States located above the headwaters of an
unnamed tributary to the Yadkin River, is authorized by nationwide permit
provided it is accomplished in strict accordance with the enclosed conditions.
Please be aware that this authorization does not relieve you of the
responsibility to obtain any other required or local approval. You should
contact Mr. John Dorney, North Carolina Division of Environmental Management,
[phone], to obtain the necessary Section 401, Water Quality
Certification prior to starting work.
-2-
reissued, or revoked prior to January 13, 1992. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing changes when they occur. Furthermore, if you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have 12 months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
Please be reminded that no excavated or fill materials may be placed in
any waters or wetland areas without prior Federal permit authorization.
Please contact this office for any future proposed impacts in any water or
wetland areas subject to Department of the Army permitting authority.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
846-0648.
Sincerely,
Le WWriLg
hief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure): Copy Furnished (with enclosure):
Mr. John Parker Kr. Jeff Moody
North Carolina Department of Environment, Alley, Williams, Carmen, and King
Health, and Natural Resources Post Office Box 1248
Post Office Box 27687 Kannapolis, North Carolina 28082
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
Regional Office Manager
North Carolina Department of Environment,
Health, and Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely modify
the critical habitat of such species.
C. The activity will not significantly disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
g. An individual state water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit.
h. The following management practices will be followed to the maximum
extent:
(1) Discharges of -dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of the
fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.