19940787 Ver 1_COMPLETE FILE_19940826

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Carl Rose and Sons, Inc.
P.O. Box 786
Elkin, N.C. 28621
Dear Mr. Rose:
September 14, 1994
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand dredging operation, Elkin Pit
Project # 94781, COE # 199401578
Surry County
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Attached hereto is a copy of Certification No. 2921 issued to Carl Rose and Sons - Elkin
Pit dated 14 September 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Po p h;Y, Jr. P.
Attachments
wgc2921
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files
44
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?EHNR
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
NORTH CAROLINA
Surry 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 Carl Rose and Sons
resulting in Surry County pursuant to an application filed on the 18th day of August of 1994 to
continue to mine sand from the Yadkin River, at the Elkin Pit off NC 268.
The Application provides adequate assuran,,e that the discharge of fill material into the waters
of Yadkin River in conjunction with the proposed 1evelopment in Surry County will not result in a
violation of applicable Water Quality Standards ar:d discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not v,-)late 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:
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 arc not considered significant).
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 404 and/or Coastal Area Management Act Permit.
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, 150B 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.
This the 14th day of September, 1994.
DIVISION OF EN`s 1RONMENTAL MANAGEMENT
WQC# 2921
P.cAston How rd-, Jr. 7P.--'--
1
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
October 14, 1994
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
?EHNR
.
9 /_ zJ

In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. No. 199401582 dated August 18,
1994 which describes a project proposal by Carl Rose & Sons, Inc, of Elkin. The project,
involving instream sand mining by the suction dredge method, is located on the Yadkin River
off of SR1141, east of Elkin, in Surry County.
During the course of the review, only two of the cooperating agencies submitted written
comments. Inasmuch as these comments were favorable, this state viewpoint interposes no
objection. Agency comments are as follows:
Division of Environmental Management - issued the required Section 401 Water
Quality Certification on September 14, 1994. Certification No. 2919 provides
turbidity controls;
Wildlife Resources Commission - will not object to issuance of the permit provided:
1) River banks should be revegetated promptly upon completion of mining
and when it is anticipated the mine will be inactive for a period of
more than 30 days. We recommend revegetating banks with fescue and
rye in the fall and oats in the spring.
2) Erosion controls measures (berms, drainage ditches) should be main-
tained and regularly checked and repaired during mining activities to
prevent off-site sedimentation.
P, O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Dr. G. Wayne Wright
Page 2
October 14, 1994
This viewpoint position supports the above recommendations. 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 V
Wildlife Resources Commission

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
October 10, 1994
Fl."?WA
A&14; *7
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1:3 EH1NR
?NLTi_rii'rl!.
W,>TEfI 0Aid
In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. No. 199401578 dated August 18,
1994 which describes a project proposal by Carl Rose and Sons, Inc. of Elkin. The project,
involving the continuation of an instream sand mining operation, is located on the Yadkin River,
off of N.C. 268, east of Elkin, in Surry County.
Based on a coordinated agency review, the state interposes no objection to the proposal.
The following agency recommendations are provided for your consideration. This viewpoint
position urges such comments be incorporated into any permit that is issued.
Wildlife Resources Commission - recommends:
1) River banks should be revegetated promptly upon completion of
mining and when it is anticipated the mine will be inactive
for a period of more than 30 days. We recommend revegetating
banks with fescue and rye in the fall and oats in the spring.
2) Erosion control measures (berms, drainage ditches) should be
maintained and regularly checked and repaired during mining
activities to prevent off-site sedimentation.
Division of Archives & History - in a joint memorandum of September
16, 1994 cautioned about expanding the existing project close
to adjacent archaeological site No. 31SR8, a prehistoric Native
American Site;
Division of Environmental Management - is Section 401 Water Quality
Certification No. 2921 for this project on September 14, 1994.
P.O. Box 27687, Raleigh, Norfh Carolina 27611-7687 - Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
4- l
Mr. G. Wayne Wright
Page 2
October 10, 1994
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 n R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management tX
Archives & History
f State of North Carolina
Department of Environment, LT."
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N F=1
Jonathan B. Howes, , Secretary
Roger N. Schecter, Director
August 24, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland 1404' Coordinator
SUBJECT: `404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401578 dated
August 18, 1994 describing a proposed project by Carl Rose & Sons, Inc. has been 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 ;,8/16/94. 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.
REPLY 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] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
e
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401578 August 18, 1994
PUBLIC NOTICE
CARL ROSE AND SONS, INC., POST OFFICE BOX 786, ELKIN, NORTH CAROLINA
28621 has applied for a Department of the Army (DA) permit TO EXCAVATE SAND BY
DRAGLINE FROM THE YADKIN RIVER AT THE ELKIN PIT, TO BE USED IN THE PRODUCTION
OF ASPHALT SAND, ON PROPERTY LOCATED OFF N.C. 268, EAST OF ELKIN, SURRY
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
approximately 6,400 cubic,yards has been dipped annually from the Yadkin River
at the Elkin Pit Sand Mining operation from 1980 to the present. The sand
dipping operation impacts 35,0000 square feet (0.8 acre) of river bottom by
excavation. The sand is removed from the river by a dragline to a depth of 6-
10 feet deep below the normal creek bottom. The area of excavation is 60 feet
wide by 1,325 feet long. Excavated material is temporarily stockpiled on the
adjacent high ground ridge and is later removed by dump trucks.
The site consists of a typical mountain riverine system, characterized by
a creek channel confined within adjacent, upland ridges. These high ground
ridges consist of open farm pastures. The average depth of the water where
the excavation is proposed, and has occurred in the past, is approximately 3
to 5 feet. Excavated material is temporarily stored within a cleared area
(about 75-100 feet wide) along the adjacent, upland ridge. This area is
sparsely vegetated by a few herbaceous plants: smartweed, ragweed, and
pokeberry. The area surrounding the mining property consists of open
pastures. The soils within the stockpile area are characterized as moderately
well drained or well drained on first bottoms and low terraces, and are
subject to overflow.
The purpose of the work is to obtain sand for commercial use (asphalt
production). Plans showing the work are included with this public notice.
The applicant has a current Mining Permit (Identification Number 97-110),
dated March, 1994, issued by the North Carolina Department of Environment,
Health and Natural Resources, Land Quality Section.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (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 Carona Division of QEnvironmental
Management (NCDEM) has determined the applicability of a Water Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). 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.
-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 site 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
archeological, 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
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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
-3-
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after September 5, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before September 9, 1994,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. John Thomas, until 4:15 p.m.,
September 16, 1994, or telephone [phone], Extension 25.

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K? North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: September 8, 1994`.i' { w h fl ?? '?.1.U
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199401578, Application by Carl Rose and Sons, Inc., for
a permit to excavate sand from the Yadkin River at the
Elkin Pit off NC 268, Surry County.
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and biological field staff are familiar with the
project site. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d.).
The applicant proposes to continue mining 6,400 cubic yards
of sand per year using a dragline to a depth of 6-10 feet below
the riverbed. The area of excavation is 1,325 feet long by 60
feet wide (0.8 acre). Excavated material is temporarily
stockpiled on an adjacent high ground ridge and later removed by
dump trucks. The purpose of this work is to obtain sand for
asphalt production.
The NCWRC does not object to the issuance of this permit,
provided the following conditions are implemented:
1) River banks should be revegetated promptly upon completion
of mining and when it is anticipated the mine will be
inactive for a period of more than 30 days. We recommend
revegetating banks with fescue and rye in the fall and oats
in the spring.
2) Erosion controls measures (berms, drainage ditches) should
be maintained and regularly checked and repaired during
mining activities to prevent off-site sedimentation.
1 '199401578 Page 2 September 8, 1994
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Joe Mickey, District 7 Fisheries Biologist
Mr. David Sawyer, District 7 Wildlife Biologist
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
Mr. John Thomas, COE
4
S?

Ill North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: September 8, 1994 q-.
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199401558, Application by American concrete Products
for a permit to excavate sand from the Yadkin River at
the Quality Sand Pit off SR 1471, Davie County.
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by the U.S. Army Corps of
Engineers, and biological field staff conducted a site visit on
16 February 1994. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d.).
The applicant proposes to continue mining 50,000 cubic yards
of sand per year using a suction dredge to a depth of 6-10 feet
below the riverbed. The area of excavation is 1,325 feet long by
150 feet wide (4.6 acres). Excavated material is temporarily
stockpiled on an adjacent high ground ridge and later removed by
dump trucks. The purpose of this work is to obtain sand for
asphalt production. The mine has been operating since 1986.
The NCWRC does not object to the issuance of this permit,
provided the following conditions are implemented:
1) Erosion controls measures (berms, drainage ditches) should
be maintained and regularly checked and repaired during
mining activities to prevent off-site sedimentation.
2) The mine is located in a wild turkey restoration area;
therefore, the following plant species selected to optimize
wildlife habitat value throughout ecological succession
should be added to the reclamation plan:

199401558 Page 2 September 8, 1994
Early spring: Switchgrass 8 lbs/acre
VA 70 shrub lespedeza 20 lbs/acre
Fall: Rye grain
Orchard grass
White clover
30 lbs/acre
18 lbs/acre
5 lbs/acre
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Joe Mickey, District 7 Fisheries Biologist
Mr. David Sawyer, District 7 Wildlife Biologist
Mr. Fred Harris, Fisheries Division Chief
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
Mr. John Thomas, COE

r lY1EM1!1tANDUlvf PRINT NAME
Reviewer:
TO : john Dorney WO
Supv. C/t
Planning Branch DATE: su??
!SUt',jEC'i': WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH 1TEM MUST BE ANSWERED (USE N/A FOR LOOT APPLICABLE) "i-.
PERT I YR: 94 PERMIT NO: 0000787 COUNTY: SU`RY
APPLICANT NAME: ELKIN PIT - CARL, ROSE 0 SONS
PRO EC'1'_'1' Y PE : DREDGING PERl°1l'L- Y PE : I ND
COE_if: i9940i578 DOT-0
R CD_r RORLCDA : COE DA's E_r RM__CDA • 05/22/94
REG_OrFICE: WSRO
RI ER_AND_SUB_EAS IN_# : 039-07-6.2
TR_1.VL+EK_1VV : I z - (53?
STREAP CLASS : G
11o'L-IMPACT? : 611V
WL_REQUE TEL' : & w I e ?
WL_-sCORE 15\\ 2 5
MITIGATION? : Y 1V
MITIGATION ti1GE: MVP
'nfL_'1' T f'L : ?r UC'?
WATER IMPACTED BY ILL ? : Y 4g
MIi'1(-,A11C'N_'1 YIur : NA-
DID YOU REQUEST MORE 11VrC-' : Y,)
IS WETLAND RATING SHEET A i'l A HED :
bo 4 4cry)l e4,gv-
HAVE PROM ECT CHANGES/CONDITIONS BEEN DI `•C.'US E D WITH APPLICANT?: Y /1N
RECOMMENDATION (Circie One): I` `Ur/+_OivD DEN
COMMENTS: - P ?` n Q C?DEf a ?i p n Be" In
U k2 _b? I_
keeOinn .kVfm? ;n (A <r rnn
c Regional Office
Central ilea.
- a 1994

s .
.
•
•
Hydrologically Isolated
Wetland type (select ones Other 1'xruer b01"t ofn - e 0 q 11
I o .
? 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.

.::sum:: <.:
Water storage 1:r::<:>:<::::::a::>:>:::: •
•
Bank/Shoreline stabilization x 4.00 =
Pollutant removal I« :><>: ! <°<a> »»<<»
•

Sensitive watershed
x 1.50 -
- `Welland scow.
Travel corridor 6
My
Project name El Ln P, f Nearest road lq w v . 7 G S Z. -7-7
Co??V r rv n edland area (J • acres Wetland width s U feet
Name of evaluator A sm Date. y g
1
q?--) t?
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401578
AUG 221994
WETLANDS VJt'"
WATER QUALITY LC.J i
August 18, 1994
PUBLIC NOTICE
CARL ROSE AND SONS, INC., POST OFFICE BOX 786, ELKIN, NORTH CAROLINA
28621 has applied for a Department of the Army (DA) permit TO EXCAVATE SAND BY
DRAGLINE FROM THE YADKIN RIVER AT THE ELKIN PIT, TO BE USED IN THE PRODUCTION
OF ASPHALT SAND, ON PROPERTY LOCATED OFF N.C. 268, EAST OF ELKIN, SDRRY
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that
approximately 6,400 cubic yards has been dipped annually from the Yadkin River
at the Elkin Pit Sand Mining Operation from 1980 to the present. The sand
dipping operation impacts 35,0000 square feet (0.8 acre) of river bottom by
excavation. The sand is removed from the river by a dragline to a depth of 6-
10 feet deep below the normal creek bottom. The area of excavation is 60 feet
wide by 1,325 feet long. Excavated material is temporarily stockpiled on the
adjacent high ground ridge and is later removed by dump trucks.
The site consists of a typical mountain riverine system, characterized by
a creek channel confined within adjacent, upland ridges. These high ground
ridges consist of open farm pastures. The average depth of the water where
the excavation is proposed, and has occurred in the past, is approximately 3
to 5 feet. Excavated material is temporarily stored within a cleared area
(about 75-100 feet wide) along the adjacent, upland ridge. This area is
sparsely vegetated by a few herbaceous plants: smartweed, ragweed, and
pokeberry. The area surrounding the mining property consists of open
pastures. The soils within the stockpile area are characterized as moderately
well drained or well drained on first bottoms and low terraces, and are
subject to overflow.
The purpose of the work is to obtain sand for commercial use (asphalt
production). Plans showing the work are included with this public notice.
The applicant has a current Mining Permit (Identification Number 97-110),
dated March, 1994, issued by the North Carolina Department of Environment,
Health and Natural Resources, Land Quality Section.
Certificate as required by PL 92-500.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (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 (NCDEM) has determined the applicability of a Water Quality
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). 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.

,., i' 4' '9 -2-
1 o C." .
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 site 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
archeological, 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
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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
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Regulatory Branch
Action ID. 199401578
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 15, 1994
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
Dear Mr. Dorney:
I
D [ C?R0b[
AUG 2 3 W4
'A] TiAhl0' L}'(V
IT!
Enclosed is the application of Mr. Carl Rose for Department of the Army
authorization and a State Water Quality Certification to dip approximately
6,400 cubic yards of sand from the Yadkin River at the Elkin Pit, off of N.C.
268, east of Elkin, Surry County, North Carolina. Your receipt of this letter
verifies you acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by October 17, 1994, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. John Thomas, Raleigh Field
Office, telephone [phone], Extension 25.
Sincerel
WRe ri
g Chegula o y Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
t
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) M pbw 30 8eptttlrrlber 1992
Public wpor?rq burdan for hls ooNeolon of btforrtalon Y sstirw.d b dwws,
ut+roti,p erlethp date sources, gah«Ino y
.nd r,ekulsitMtp ee dW 1eed arud p for h. Inciudr,0 hs orne forreviswa r>wuofons,
prof col., or tow in ooobpicaly a mnal" areas, Could fake up a OW hours. Sand oorrrruerNa ne?AerrYp ? oolectbn of ktbrrmaYon Apploaeor,s for brow or moos oorrtplat
fnokrdnp sugOplorM for redtrcir,phis burden, b Oeparer,ertt of O/Nruw, W u?dlqhis burden *W-aw w any ohr aspect of his ooNwian of W..NOn,
Davis fdfifresy. Sidle 1284, Arlington. VA 22209400Z and b sus 01111" Of Headqurlwe ? Dk"1"4te for kdomWbn Oparalbn. and Repa 1215 Jsaram
NOT RETURN your oompNled form b elhr of theme addesas, Sand your own j end Pludpet Paperwork RaducYon Pmm.00t (0710-00M W
your oomplelad bon ta: eehYuOlon, DC 211603. Plena DO
The DWOUnern of the Army permit txopram is authorized by Section 10 of the Rivers and Harbors ACt Of 1998. Section 404 of ft Chm Water ACt and
Section 103 of the Marine, Protection, Research and Sarctuariee ACL These laws require permits authorizing adivitiea in for WWWV navigable waters of the
Uniked SU eats a k*mrge of dredged o« n9 ? e weed iof the united Steles, and the traneportapon of dredged maleriai for the ixrpose of durWV it lnbm
PrO
'vi
111111 public moord dwough isauarm of a public notimform Die0loat,re of the Ov*LNWV the aed Is for ry, ho Information in application is meals a matter of
applicant and to evaluate the mtmftm requftested is voluntary, however, the data requested are necessary in antler
canbe with ft Perrnit appNCatiOrL If necessary inlarrrtation is not provided, the pemut application cannot t be proposed nor
One set Of ori" drawirtps or good mprodtr,*b copies which show ft location and character of the proposed activity must be attached to Vus application
that is not ??`d
(see sample ski haand ll will be relunried. s) and be wrbnutted b the District Engineer having jurisdiction over the bcation of ft proposed activity, An appW
1. APPLICATION NUM9ER (To be asslpnad by Corps)
3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT

2. NAME AND ADDRESS OF APPLICANT
CAVULRose-Asvosotvs ANC.
PO - ?aY, 794P
GLKIN N C 28f;,Z1
Telephone no. during busirwu hours
AIC ( )
(Residence)
A/C (g/o ) ? 3- '7 s? (Office)
A/C ( ) (Residence)
A/C ( )
(Office)
TMsphorw no. during bumvwas hours
Statansnt of Authorisation: I hereby dem"e and euthorim
to act in my
behalf as my agent in the processing of this permit application and to
furnish, upon request, supplenemal infometion in support of the application.
SIGNATURE OF APPUCANT DATE
4. DETAILED DESCRIPTION OF PROPOSM ACnVTTY
49. ACTIVITY
SAN fl M ? N 1?1? r~1?T?-{- 'x?(LA[1 L t tiD ff'
D2?o?)fJ? rs Pt_>'4wr?1lE'p, F?E?.rr ?-rs
BEC4 19? Aooe-lo pn?[
wi,rk+ R 3/y c..'T e r

5 f4rd l S G d L re.,ck Q 54.<, YG r
-O /?sa LtSS r n{
S'{ p i'G,5 c. r 5-?tv c.lc, p`'?-CS -iCQ v S •? i (,r A"Dfl tt ES S , S ; ?l
4b PURPOSE f-UL•iN w%LDt.uCu Ut%o, tL
To ?°+ ? ? ? Z?• S ?N p c`-a Q. ?. a N ? ?.T v ?.??•yy A S t???ra ?1
4c. DISCHARGE OF DREDGED OR FILL MATERIAL

hk
NONiv - W11.1. C$G!A/JJI,?.? ASt?I?fa?.? ?LAa? ??yL V5G .
'N13 FORM 4345, Jan 91
?rzo A., R ) S., +`A .
icp a a R Z-0 er ,.?- r-4 ,4cJ F'
ARV ha HAna C ' DRt4C L.4N C L S P1 TAt9G}L c•RA?4,
Vq C- Ar n . i s . 7G acre
s ?O'f 0 O Gr? . Y»a-Few ?a.l" w+i r,?.d i S Ft I Uc.r sand. .
EDITION OF API sa is OII.SOLETE.
(Proponent: CECW-0N)
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0001
(33 CfR 325) Expir" 90 SVtwnber 1882
Public taporertg burden for stla ootlsoaon a ktlormasort w eaYntabd b aranaps 6 htotaa par naponM for ew majorNy a Deno, r,ck,dr,0 Mr tYrta for rarjSaMtO Mtstruoeorr,
'a?chhp ealaertp ttata trounoaa paawrNp and makwYtkq aw dsY twdad, and oomplaarq and
0«itrppMtbrts for MdtroYtO etls bur dsn. b t obi oBooiMn w n „nn°"ol * lhis burden """""a or any cow moPect of 1. oow.oilon mYMornrYor,,
Davis NCfT Hnjw StAls 1tt04, Arerorm VA 22 of -,4,11 and b ee Olaoe of Mrwpsnwtt and Budget Paperwork RadtrcYon fa W-motlon ?aeorw and Rspals,1215 ,IslI...
NOT hiETtJ/?l ya. oanplabd form b eMte? a steee eeaea Sand yon. oompMbd form b ?ro(Sct (0710.00M Ws&*O n, DC MW. PAN. 00
The on 103 of horn the of to MarinArmy pefrflit
Section 10 program ro eudwimd by Section 10 of the Rivera and Harbors Act
Probalion, Research and Sanctuerise Act Of 1899, Section 404 of ft clean wager Ad and
ese 'a" Urnibd S111111116. the dWorge of dredged or rA mabriel info WSWS of theTh United 3 mqtws Wmft authorizing activities in or aNecbng new4able wabrs of the
into ocean waters Intomration provided On 91111 form will be used in evahhetirp the applcabon for a permit Infart in tli apPfor ties ie made a matlsr?of n
p
corntnunmie ublic record w2wough ith t iapphcce of aand public notice. Disclosure of the infomnstion requested is voluntary; however. the data ?# is 4P ed are rt s ma
Mwy de in order f f
canbe owe io evalUate the Derma appliCation. If rimmary information is not provided, the permit application carrot be Wmeued nor
Onef?aforlg" drawings or good reproducible 0001118 which stow the bcation and dwacler a the proposed ac" must be attached b thin application
Abort
compdr8wfts and leted in full will be rerxneld.arKl be submilled b DistrlCt Engineer flevirlp l diCtiOn over the brretion of the proposed activ
then is not An Wk
1. APPLICATION NUMBER (7o ba asmonsid by Corps)
3. NAME, ADDRESS, AND TITLE OF AUTMORZED AGENT
Gp ; ^?en
2. NAME AND ADDRESS OF APPLICANT
CAQL.Ros? Atv o sows ANC.
?v T?--> oX 78(v
t-LKIN NC- 28(+ZI
Telephone nm during Wminess hours
A!C ( )
A/C (g?0) - - -7sa (Raairfantce)
(oeic.)
4. DETAU.® DESCRIPTtOW OF PROPOSED AC r4r y
4a. ACTrWMY
4b.
Telephone no. during WWrww hours
A/C ( ) (Residence)
A/C ( )
(ofrin:.)
Statenwm of Authorisation: I hereby daaignale and authorize
to act in my
behell n my agent in the
processing of this pemwt application and to
furnish, upon "M M . sttPPler onlel information in support of the appMeation.
SIGNATl1RE OF APPLICANT DATE
SANS M?tV1?1? t,?ITr+?t2 (;(Ltn?1^r Pzp-c^,L
D 2 E r t , C , I NC I's P-+4r.NN1= Q , PE f Z r r , rS i c p a ap-V-Q C r I - 4 r4cj E-
BEE74 ft 4 + A V O L - L A V O Ahev j..., t-fA? DpodCll.-tN C I S f1 7AAc-)4 , c.RAyse
(.t.1r7-M- R 3/4 c.c1 a 1 VK e-b t.c,je,?-r . A r?L r>'1 t n o- ;S .746 a.c.re-
f-IMAUCoL l 'Quo Cl?vf-IO??- Iv S / Yo 0 GLf , )Y7a-? er ca.? r"i red i S Fl I Uer sc~r,,L
S Av,J i S h a a l c,[ a?? S r i„ rk s lIp ?.r~. c-f- ?J l c...? f- -f`o r- ?-tss ,
S O r0.5 ri t r $-f-tt7 c.? AK (.r Cc A?fl t1. Cs S i S :
l0. -Gi: -iCvr tlS? t Q ?"f'r Cuc,??
5E e0A0j tL.IL.1N M.
To ?0+ ? ? ? Z ? . S ten, C' c`?a ? M a ti ? -Z v t;. t'fy A S3)V\A ,--?
Ur UMt-_IJUEU ON FILL MATERIAL
NONiv - W11.1. %C.?rA A Q1-GP Ta AS,'?HALj ??A,? ? VrV,S._ v5G .
ENG FORM 4345, Jan 91
EDITION OF APit W Ls OBSOLm.
(Propawnt: CECW-ON)