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HomeMy WebLinkAbout19940952 Ver 1_COMPLETE FILE_19941012.f DIVISION OF ENVIRONMENTAL MANAGEMENT October 13, 1994 MEMORANDUM TO: Steve Mauney Winston-Salem Regional Office FROM: John Dorney ,", i(=(_- RE: 401 Certification Review RECEIVED N.C. Dept. of EHNR 0 CT 17 1994 Wins"on-S?iem Regiol;di Office f D? X11 r=_ F 1 Please review the enclosed 401 Certification applications by November 13, 1994. Please call me if you or your staff have any questions, or need assistance in these reviews. PLEASE COMPLETE THE STAFF REPORT AND RECOMMENDATION FORM 1. Highway 158 Sand Mine - Larco Construction (1 month review) #94953 (111 7? q - 35" Davie County 2. Yadkin County Sand Plank- Larco Construction ( 1 month review) # 94952 Yadkin County The other enclosed material (if any) is for your general information and use as appropriate. Enclosure ?o?r S?LeN+o? C ,? ., L 7i? 5/x_3 t r 1_„11 Fi . fvt ./s??. 1 ? 1 1 1?f I ?vf 1, : !, '- 1 V.. i. I.. 1 1 1 ''i i ?'•'' - ??r?;- _1+w; ?r?, ? ??;? i?7 «. G3 ?•7- O"Z - :. ?;1 ??Z C 8?I.S? R oer fJOtAvi`n1jle' - - - 1+J11 j :f l?;' f' - A Nf 11. 1?'. ' 1 'I'J . 1 F3 7- i VU "I P, 1`1 A C_,Ntvir,,4NO -ma w _P' Aw, .na:1:1L2,_c.? • • • ? Hydrologically Isolated Wetland type (select one)' Other -, ? ve • ? 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. • s"" ` Water storage Bank/Shoreline stabilization x 4 00 - . Pollutant removal> Mfr ?LG:J:S4w?'?ri? i • Sensitive watershed x 1.50 = Travel corridor Wetland score. ?i4it4ii.v.'v.{{ O Special ecological attributes"" `""" "" - - • • x 1.50 = Wildlife habitat ? t • Aquatic life value -?-- ` ' !`> • • Recreation/Education • Economic value x 0.25 = • Project name `?AnK? N S?Np PLANT Nearest road SQUA;04- 20061 County Wetland area - 10 • a acres Wetland width d feet Name of evaluator Sm, Date- q`1 lo2 Hydrologically connected 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 November 23, 1994 Larco Construction, Inc. P.O. Box 16279 Winston-Salem Dear Sirs: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed sand dredging operation Project # 94952, COE # 199401591 Yadkin County FILE COPY Attached hereto is a copy of Certification No. 2938 issued to Larco Construction, Inc. dated 23 November 1994. If we can be of further assistance, do not hesitate to contact us. Attachments wgc2938 ? K-Q 'Jr. P Y. cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files A?EHNR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper NORTH CAROLINA Yadkin 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 Larco Construction, Inc. resulting in Yadkin County pursuant to an application filed on the 6th day of Octobcr of 1994 to sand mining operation via a suction dredge near SR 1716. The Application provides adequate assurance that the discharge of fill material into the waters of Yadkin River in conjunction with the proposed development in Yadkin 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: 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 arc 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. 276 1 1-7447. Unless such demands are made, this Certification shall be final and binding. This the 23th day of November, 1994. DIVISION OF ENVIRONMENTAL MANAGEMENT PnHoL) r.WQC# 2938 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 October 19, 1994 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Inland `404' Coordinator SUBJECT: `404' Project Review 0 The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401591 dated October 6, 1994 describing a proposed project by Lareo Construction, Inc. (Yadkin Co.) 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 November 4, 1994. 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 J ?I Signed This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. .. , l iV I l y' i r Date A ?? [D F= F1 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal OppDdunity Affirmative Action Finployor 50`X, rocycled/'0%post-consumer papor North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 MEMORANDUM Charles R. Fullwood, Executive Director TO: John R. Parker, 404 Coordinator Division of Coastal Management FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: November 3, 1994 SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199401591, Application by Larco Construction, Inc. for a permit to excavate sand from the Yadkin River at the Yadkin County Sand Plant off SR 1716, Yadkin 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 24 July 1991. 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 approximately 54,781 cubic yards per year from the Yadkin River at the Yadkin Sand Plant off SR 1716. The operation impacts 443,700 square feet (10.2 acres) of river bottom by excavation. Sand is removed from the river by suction dredge to a depth of 6-10 feet below the river bottom. Excavated material is temporarily stockpiled on an adjacent high ground ridge and is later removed by trucks. My site visit indicated that mining operations are being conducting at this site with few adverse impacts to fisheries and wildlife resources; therefore, we have no objection to the issuance of this permit. 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 Ms. Janice Nicholls, USFWS, Asheville Mr. John Dorney, DEM Mr. John Thomas, COE E j.' L El -3- 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 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), 4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesti copies upon payment of reproduction costs. The Nort Carol na Division of Environmental Management (NCDEM) plans to take final a ion i the issuance of the Clean Water Act certification on or after Novemb? 22, 994. I All persons desiring to make comments regarding the a lication for Clean Water Act certification should do so in writing deliv d to the North Carolina Division of Environmental Management (NCD , 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before Octo r 28, 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., November 4, 1994, or telephone (919) 876-8441, Extension 25. A'" __ DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 f)'y'?,?9 I9f Wilmington, North Carolina 28402-1890 tSot Action ID No. 199401591 October 6, 1994 PUBLIC NOTICE LARCO CONSTRUCTION INC., POST OFFICE BOX 16279, WINSTON-SALEM, NORTH CAROLINA 27115 has applied for a Department of the Army (DA) permit TO EXCAVATE SAND BY SUCTION DREDGE FROM THE YADKIN RIVER AT THE YADKIN COUNTY SAND PLANT, TO BE USED IN THE PRODUCTION OF ASPHALT SAND, ON PROPERTY LOCATED OFF OF S.R. 1716, NORTH OF FARMINGTON, YADKIN 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 54,781 cubic yards has been dipped annually from the Yadkin River at the Yadkin Sand Plant Sand Mining Operation from 1988 to the present. The sand dipping operation impacts 443,700 square feet (10.2 acres) of river bottom by excavation. The sand is removed from the river by a suction dredge to a depth of 6-10 feet deep below the river bottom. The area of excavation is 150 feet wide by 2,950 feet long. Excavated material is temporarily stockpiled on an adjacent high ground ridge and is later removed by dump trucks. The site consists of a typical piedmont riverine system, characterized by the river 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 99-07), with an expiration date of February 5, 2002, issued by the North Carolina Department of Environment, Health and Natural Resources, Land Quality Section. r -2- 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 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. 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. R -3- 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 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), 4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesti copies upon payment of reproduction costs. The Nort Carol na Division of Environmental Management (NCDEM) plans to take final a ion i the issuance of the Clean Water Act certification on or after Novembo 22, 994. I All persons desiring to make comments regarding the a lication for Clean Water Act certification should do so in writing deli,v d to the North Carolina Division of Environmental Management (NCD 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before Octo r 28, 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., November 4, 1994, or telephone (919) 876-8441, Extension 25. IKJCA DETAIL. - -60, NNI V,l t N } r1jL 11 1 r ti?• V ? s x o z . f YAMPQ Gor?MTy PAVIL couNrS' VICINITY NI,e;P pb? ?.. 1 N 1 rO J fili .NI. .. Y :. t. ? .L I , JSf yl' ?r 1• M ,at 1 • N c ? 4 EX15T. FLOATING FuM F CoWS49h EXIST. STocKPILC Ah6A -ThyC)4 LOADIr44 AO,EA Gu W E/iTS -::,CAEEAJIMIIS STOCK TILE EXISTI rJ6i SITE KAMIT NO. NCOOG7690 / 50 ;CO SAND • PILCHEF? PIT CoG4'? - BBC EXIST. I " rLA?+T z c'. Z EXI sr. 4 SEVIME?h / Q ? roNO 1 ?- (z U) U. w EXIST. SEVIM ?} Por.Iv EXIST. DIIi41lA1ti4E LINES (lZSs ZQ? Exlsnnw b*AT RATA ? 2 S_± cc Lli 7 ? 3 7?- ZaG'3 nti?vlH H. I u1NLtx 1 t17, 1`1. i ?O?WDEXTfiR,JR. 15Ce8 ? fl.Po/MO %TFJS, of ,R!c LL J w Z51-4- al 11 VI I ? EP f'OfNDECTEPS ESTATE ? I ? I u J 1 997) ?,BNCS C. WILLIAMS ,-MUSTCE APNEA MAP 7. dk- 1 36 MILDPrEP S. WISHON } ?.. .. MARTHA WISHOM M`DoNALO ti- r ???- CPlEr`SO TF_C (r'fPicAC earl/ !f6E5) 2 ADELINe 5. 8AP701M ET AL I /Jof?MA JEAr.I NAV?BIN .w.T: Wlc.ao?1. OIANA P. W IL SOM DIANA v. VJILISON 404N SEATS 3 a C3 PP,oPOSED! Po/tilDE)GTER? P/T M11 North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 MEMORANDUM Charles R. Fullwood, Executive Director TO: John R. Parker, 404 Coordinator Division of Coastal Management FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: November 3, 1994 SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199401591, Application by Larco Construction, Inc. for a permit to excavate sand from the Yadkin River at the Yadkin County Sand Plant off SR 1716, Yadkin 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 24 July 1991. 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 approximately 54,781 cubic yards per year from the Yadkin River at the Yadkin Sand Plant off SR 1716. The operation impacts 443,700 square feet (10.2 acres) of river bottom by excavation. Sand is removed from the river by suction dredge to a depth of 6-10 feet below the river bottom. Excavated material is temporarily stockpiled on an adjacent high ground ridge and is later removed by trucks. My site visit indicated that mining operations are being conducting at this site with few adverse impacts to fisheries and wildlife resources; therefore, we have no objection to the issuance of this permit. 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 Ms. Janice Nicholls, USFWS, Asheville Mr. John Dorney, DEM Mr. John Thomas, COE otutC yi tvurin ?.arorlna Department of Environment, Health and Natural Resources Division of Coastal Management James B, Hunt, Jr„ Governor Jonathan B, Howes, Secretary Roger N, Schecter, Director October 19, 1994 MEMORANDUM TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. Inland `404' Coordinator SUBJECT: `404' Project Review A ?EHNR The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401591 dated October 6, 1994 describing a proposed project by Larco Construction, Inc. (Yadkin Co.) 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 November 4, 1994. 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 Signed This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed, Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An I qual Opportunity Affirmative Action Frnployer 5n) recycled/ 10% post consumer paper t I Ar DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199401591 October 6, 1994 PUBLIC NOTICE LARCO CONSTRUCTION INC., POST OFFICE BOX 16279, WINSTON-SALEM, NORTH CAROLINA 27115 has applied for a Department of the Army (DA) permit TO EXCAVATE SAND BY SUCTION DREDGE FROM THE YADKIN RIVER AT THE YADKIN COUNTY SAND PLANT, TO BE USED IN THE PRODUCTION OF ASPHALT SAND, ON PROPERTY LOCATED OFF OF S.R. 1716, NORTH OF FARMINGTON, YADKIN 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 54,781 cubic yards has been dipped annually from the Yadkin River at the Yadkin Sand Plant Sand Mining Operation from 1988 to the present. The sand dipping operation impacts 443,700 square feet (10.2 acres) of river bottom by excavation. The sand is removed from the river by a suction dredge to a depth of 6-10 feet deep below the river bottom. The area of excavation is 150 feet wide by 2,950 feet long. Excavated material is temporarily stockpiled on an adjacent high ground ridge and is later removed by dump trucks. The site consists of a typical piedmont riverine system, characterized by the river 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 99-07), with an expiration date of February 5, 2002, issued by the North Carolina Department of Environment, Health and Natural Resources, Land Quality Section. -2- 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 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. 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. r -3- 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 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), 4401 Reedy Creek Road, 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 November 22, 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), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before October 28, 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., November 4, 1994, or telephone (919) 876-8441, Extension 25. 1 1 r d N Ir?1C? DETAIL-- S- - 0• i t if I ?.h ! 1 1 7 ?Q X ? 5171= Q z tc ?- 1 u ?r YADKItiJ ' CodNry ?-?':,, ?.VICINIT.y . AP •n i r? k -j 1 l N c? EX15T. FLOATING pump GoNV6Noh E%IST. STOCKPILE ANSA -rhucK LOAVI14G AP+E A CULVEAT4 SCAEEnNn/G' STOCK PILE EXISTIrJC SITE EAMIT AIO. NCOOG7690 1 .50, ;CO SAND - PIL.CHEF? PIT GG43 - BBC EXIST.I r.r. WA" rLANT / ? zs_) Z EXt sr 4 5EVIME?tr Q y Po..IV 1 r. (z w ? o Z 111 w? Ex IST. SE?IM POND EXIST. VISCHAhGE LINES I ZSs i7 1 EXISTING 6oAT R4Mr cc 7 ? 3 C T 2oP3 OW DEATEP"JR/ .n?,vlH? M.IaIM?axltr'?,JI'?. I ? f ISCoB \ i c} yl LL w o zs •,4• n? Pol&Jl7CXTEPS ESTATE 1 0 U i s 9 9.71 t,8n1C5 C. WILL IAM-?11W-WME AREA MAP 7. MILDAdD 5. WISNOnI MAP,THA • WrSllonl M`DonIALD ?r Cg Er So Tc-C ? ?c/P`pPi 7"5 (7-YP1ag4- eorl/ -ZrcES) 2 ADELINE 5. HAPOW ET AL,. I ? Alo/hMA JEAN NAgBIN to ;w.T WrLSON OIANA P. W IL SON .? W. T. WILSOAJ : MAMA R V%/IL-,OM Lr Jo4N SEATS 3 o C3 PP5oP05ED! Po/til DE)GTEFS P/T M I ? r Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 6, 1994 Action ID. 199401591 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: N`C'I J 190. t Scl??'?? Enclosed is the application of the the Yadkin County Sand Plant, Larco Construction Inc. for Department of the Army authorization and a State Water Quality Certification to dip approximately 54,781 cubic yards of sand from the Yadkin River, off of S.R. 1716, north of Farmington, Yadkin 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. waiver has occurred. 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 December 6, 1994, the District Engineer will deem that Questions or comments may be addressed to Mr. John Thomas, Raleigh Field Office, telephone (919) 876-8441, Extension 25. Sincerel , yI Wr t i , Regul tory 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 RCV BY:Wilmington District ;10- 1-•94 ; 15:16 919 876 5823-+ USACF-Rag. Branch;#24 Larco Construction Yadkin Co. Sandpit Information Army Corp of Engineers * a wri r.erc description of the Pry ect x LARCO CONSTRUC'TION'S YADKIN CO. (FILCHER) SAND PLANT PRODUCES RIVER SAND FROM THE YADKIN RIVER TO BE USED AS CONSTRUCTON MATERIAL IN THE WINSTON-SALEM NC AREA. * a -description o the mining equipment_being used, EQUIPMENT USED 'TO MINE SAND INCLUDE; A DREDGER, A DEWATERING SYSTEM, A CLASSIFIER, A CONVEYOR, AND A CAT 950 LOADER. ned: * the Acreage of the area being mi _ 10,2 ACRES * type of area mineda RIVER : Q ec J?oga. j2 maa: * a _pi ENCLOSED cubic yardsof materia being mined annua]lyt 54781 cy/yr * the natAre o the material beinct minedi RIVER SAND * the location of processing facilities and material storaae?_ ENCLOSED RCV BY:Wilmington District ;10- 1-94 ; 15:16 ; APPLICATION FVR DFPARTMCt1T vt THE ARMY PeAMIT •' , ?a cf7f ??el 919 676 51323 LISACE-Reg. Branch±#25 OMB APPROVAL NO. 0710-002 rxpliss Octob.r'1006 Public reporting burden for this collection of information Is estimated to average S hours par response. Inviutting the time tot reviewing tnatn,otloKs, starching e,ritttng dote ilcureee, lathering and maintaining the data needed, and completing and ftvlewing the colleotion of Information. Sand comments tegardine this burden esdntete of any othst aspect of this coileedon of Information, including eupaartione for redudng this burden, to Department of Defense. Washington Headquarters 8ervtae 01reetorete of infotmatlonaporations and Reports, 1115 Jefferson Davis Highway. Suits 1204, Arlington, VA 222024902; and to the Oflice of Mer"smant and bud2at. PapstwoA Neducfien Preleat f6110-0003), Washington, DC 20603, Playas 130 NO RETURN your tarn to ehhet of those addtwoo. Comf"tad appleadena must be submitted to the District Enolnesr having jurisdiction over the location of the proposed octl0ty, PRIVACY ACT STATIMENT Autharftvr 33 U*C 401, Section 101 1413, section 404, Principal Parposel Theae laws require pannhe authorlsine 4ctivfdae tn. Of effecting. navigbWe writers of the United States, the dfeahargs of dredged or 1111 material Into wmoto of the UnitKd States, snd the transportation of dredged material for the purpose of dumping it into oaten wetm, Routine Ueeer Information provided en this form win be used in evaluating the opplicedon for a perm. Wsolosure; Olsoloauto of requested Wormsdon is voluntary. It informsdon Is not pfavided, however. the pia MN application Cannot be prooaaeed nor can a p4rrHt be leaued. One set of 90&W drawings of good reproducibie copies which thaw the location and character of the proposed activity must be attached to this spplJBatlen {see eempis drawings and lnstr,ottons) and bs subrutted to the Dlstrlal 6nginebt having ludsdMon over the loestion of the proposed activity. An application that Is not oontpleted in hail will be returned. 1. APPLICATION NO, 3. FIELD OPFIC9 000E 9. DATE RECEIVER 4, DATE APPLICATION COMPLETED e. AFrUCANT'S NAME: L„ARCO CONSTRUCTION A DIV. 0, AUTHORIZED AGENT-9 NAME AND TITLE too memIs mi wa?vW OF SLOAN CONSTRUCTION COMPANY, INC. 6. APPLICANT'l ADORES$ 9. AaItNT'S ADI)REBS P.O. BOX 16279 WINSTON-SALEM, NC 27115-6279 t. Rssldencs e, Rssldenoe b. lluelneee „910-767-3500 b. 9uaina¦a lip --- SIAIINga WTHORIZATIOU I hereby suthorlts, n to act in my behalf as my egent in the proosssing of this application and to furnish, upon request, aupplementat Informal on in Pon o this Fm it application. APPLICANT'S SIGNATURE CATE M L CATI AND DESORIPTI OF PROJILCT OR ACTIVITY 12, PROJECT NAME OR TITLIt iris hvttmodtnel LARCO - YADKIN COUNTY SAND PLANT 13, NAME OF WATIRAOOY, IF KNOWN rW,#o* eM YADKIN RIVER t d. LOCATION OP PROJECT YADKIN U„ 5TAT9 14. OTHER LOCATION O18CRU'TIONS,.1F KNOWN, daudw?rwrAmW 14. PROJECT STRgET ADDAH111 irwassa rr FARMINGTON ROAD FILCH 17, OInCCTION6 TO THI $III FROM WINSTON-SALEM: 421. WEST TO LEFT ON SHALLOWFORD ROAD (SR1001) LEFT ON FARMINGTON TOAD (SR 1716) LEFT IN TO LARCO ENTRANCE. IF 'd 1 'ON IS'.0 Wl'18'88 SHALLOWFORD ROAD EXIT FOR 5.2 MILES FOR 1.3 MILES r: mom 4 RCV BY:Wi lmington District ;10- 1-94 ; 1517 919 875 5823-+ USACE-•Reg. Branch;tt25 10. Nature of Activity (Otwoli r? of pngstb Axertt ON f«n+rNl SEE ATTACHED SHEET I ?. I'roisot iyVrpON lo...rnr rAa n...n.. rN1••• N ?h. per, ,.. M,n,r?bn.1 THE YADKIN COUNTY SAND PIT IS PRESENTLY IN OPERATION AND PRODUCES RIVER SAND FROM THE YADKIN RIVER PRIMARILY FOR THE PRODUCTION NEISDS OF LARCO'S ASPHALT PLANTS. Una RACKS 20-22-IF 2RED1310 am a- to T12 a"13CMAR- 20. neeeonjel for Discharge N/A 21. TYpelsl of Materiel Being Olschargad and trio Amount of;,SCh Typa In Cubic Yards N/A 22. Surface Area In Acres of Wsttande or Other Waters filled to"k.r,v.rbn.f NIA 23. Is Any Portion of the Work Already Csrftplatst Yee No -" IF YES. DESCRIBE THE COMPLETED WORK Is. Addressee of Adjoining Property Owner at l.eeeese, Etc., Whose Property Adjolnathe Waterbody; (it MOM then am be.onto W-hars. plem attach a supplsmantet Ilstl, N/A 28. List of Other Certifleatlons or AppmysielDerdals Rsoolved from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPfIi APPROVAL.' IDENTIFICATION NUMBER DATE APPLIED OATS APPROVED OATS OENISq SEE ATTACHED PERMITS 'Would Include but Is not restricted to tonlnd, building end flood plain permlta 2d. Appilostl It hereby made Its a pannh w permits to authorlee the work described In this wilostlan. I owtiN that ells Information In this spplia,ttl Is complete and ecourete, I further oartffy that I !soot the authority to undeHake the work described herein or am wing as the dutV out re=ed r of applicant, 8 /? 61QN Tunt OR APFUCANr OATS BIGNATURI OF AOtNT PATE T'he applitallon Must be signed by the person who desires to undertake the proposed sotivlty leppiloantl or it may be Boned by ¦ duty wthotitsd a0srtt V the statartisnt In block 11 ha been filled out end signed. 11 U.S.C. Section 1001 PfVVWse that Whosver, In any manner within the jvrllldtction of any dsplInnIlI tt or epenOy of the Untied %too Wwwingly Ines wilINIII foloMeap oanasoli, or *avers up any trick, sohwo, of dlegulsee it metwlal fan or makes any false. Modttow or fraudulent etttemerns or rspreaenetrtlons or makes or wee any false writing or decumsnt mow" some to contain any fslaa, flathlous or freudulsnt eletemat t or entry, d" M be lined not meta than $10,000 er imprieonad not Moro than five yo•rr or both. ?V.a?o;tterisu+ttrgolt S 'd I 'ON 1518 W1,Z8'88 WO33 RCV BY:Wilmington District ;10- 1--94 ; 15:18 ; 919 876 5823 USACE-Reg. Branch;#27 Application for the Department of the Army Permit Yadkin County Sand Plant LARCO Construction A Division of. SLOAN Construction Co., Inc. Narrative of Operations INTRODUCTION This report is an overall narrative of daily operations of the Davie County Sand Plant operated by LARCO Construction A Division of SLOAN Construction Company, Inc. Floating Dredge Platforms and Boom The primary operation involving this facility is the removal of sand from the river bed. This is accomplished via the use of a floating dredge measuring ten feet wide by thirty-five feet long with a sixteen foot boom from which the suction pipe is extended. The dredge is made up of the following major components: A) Power Plant. Caterpillar 3306 diesel motor rated 250 hp. Normal operation of the-dredge requires a constant speed of 1500 RPM. B) Pump. Model MX Dredge & Slurry Pump manufactured by Pekor Iron Works, Inc., Columbus, Georgia. The pump has an 8" intake and output diameter. This pump is rated at 1600- 3600 GPM. Our usual operation is at 1500 RPM which produces a flow of 1800 GPM. Because the deposit: of sand in the river bottom initially contains gravel of varying size, the end of the intake, as mounted on a boom on the front end of the dredge barge, is equipped with a hydraulically operated cutter head agitator. This mechanism acts to loosen the deposit immediately in front of the suction pipe and allows the complete ingestion of all materials agitated on the river bottom into the intake pipe. After the initial dredging, the refilling of the sand deposit usually consists of all finer material and the agitation is less crucial. In addition to the hydraulically operated agitator, there are two hydraulically powered winches that control the cables extending to each side of the river which act to hold the dredge's position in the river and allows for movement back and forth across the width of the river. RCV BY:Wilmington District ;10- 1-94 ; 15:19 Processing Equipment 919 878 5823 USAGE-Reg. dranCn;R28 The processing equipment consists of an electric/hydraulic sand dewaterer manufactured by Power Screen, Inc., and a secondary system consisting os a weir tank, pump, and hydrocyclone used to remove fine materials from the discharge water. The pump on the dredge forces water through and eight inch pipeline. This pipeline consists of plastic and steel pipe, often joined with flexible rubber sleeve connectors. The water is forced across a scalping screen with separates out debris, including wood, cans, and gravel over 3/411 in diameter. The metallic material is separated and properly disposed of. The gravel is used to maintain the pl;ant road or given to area farmers for their road maintenance. Gravel is not sold s there is not enough to make it economically feasible. The water and sand is then deposited into the bucket portion of the dewaterer where sand is lifted out by the buckets, drained, and deposited onto a conveyor. Excess water and the clay silt overflows the weir and is fed to the secondary weir. Any sand or fine materials not removed in the dewaterer is removed from the secondary weir via the hydrocyclone system and likewise deposited onto the conveyor for stockpiling. The water and clay silt is routed to the sediment pond. After spending considerable time in the pond, the clean water is then piped back to the river. The sand is fed onto an electric 80' radial conveyor for stockpiling. Further draining of water from the sand is also fed into the sediment pond. Loading and Weighing Trucks Stockpiled material is loaded into LARCO or outside customer's trucks by use of a diesel powered rubber tired front end loader. It is also used to tend to the sand stockpile, making sure this stockpile is groomed to assure a safe operation, and also to move the debris and oversized gravel from under the scalping screen on the sand classifier and stockpiling same. We also use this loader to distribute gravel on the plant road and maintain the drainage ditches on the entrance road. Trucks are then weighed on an elevated submersible 60' long truck scale. Other Equipment Miscellaneous equipment incidental to the operation consists of a 20' x 6' x 18" flat bottom work boat with a 35 hp Johnson motor used to get to and from the dredge, for maintenance of the dredge, and tending the cables which connect the dredge to the river bank. In addition, a diesel powered portable welder is used on site for repairs and maintenance. RCV BY:Wilmington District ;10- 1-94 ; 15:20 919 876 5823-+ USACE-Reg. Branch;#29 DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY-SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Regulation 15A NCAC 5 9, and other applicable laws, rules and regulations Permission is hereby granted to: Nello L. Teer Company Poindexter Sand Plant Yadkin County - Permit No. 99-07 for the operation of a Sand Uredging Operation which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT _EXPIRATION _DATE: ,FEBRUARY_5, 2002 RCV BY:tuilmington District ;10- 1-94 ; 15:20 919 875 5823- USACE-Reg Branch;#30 STATE OF NORTH CAROLINA DEPARTMENT OF ENVMONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT J&NERAI EEHMIT NO,, „I(CC:,,OU000 CERTIFICATE OF COVERAGE NO- NC,GQ2Q229 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Larco Construction, A Division of Sloan Construction Co., Inc. is hereby authorized to operate a treatment system for mine dewatering and/or recycle systems process wastewater overflow with the discharges of treated wastewater and stormwater from a facility located at Lan:o Construction - Pilcher Plant SR 1716, approximately 1.5 miles south of SR 1001 Mocksville Yadkin County to receiving waters designated as the Yadkin River in the Yadkin-Pee Dee River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11. 111 and IV of General Permit No. N00020000 as attached. This Certificate of Coverage shall become effective May 20, 1994, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day May 20, 1994. . reston ow d, In, RE., Director Division of Environmental Management By Authority of the Environmental Management Commission r li v? I?1C? DETAIL. s o\ 0 I I . ?Z z ? y?. U z e ? Z x ? 0 SJTt Q ?Q r YADKIti! CodMTy DAVJE Count r j ; J v f i f+• IVICINIT.y . MAP: '? y? Y hid f 1I "?F.; 3 .,?Y IO, •r i. w F ?7 N EXIST. FLOATI/JG PuM P W.p GoNV6'1 oh EXIST. „ToaKP1L E AFAR T/?UCK LoADI#4'C4 A" h GUIVHRT'l,;, 4CA6EAIINC5S STocA r'IC.E EXISTI^1Gi SITE ERM t T nlO. NC OOG7890 / : 50 -,CO SAND - PILCHEFS PIT G?o43 - 88C ExIST.I rr. SN ruNT / 1. (l ZSi? 1Z XI SIT. 4 IIMEdT Er Q Por.ly 1h?. { 2` uI ,1a ? t. r Z_ w f Ex 14T. SEGIM ? ? Pip r- QXI6T. OI?aGNAhCaE LI?JES ?Z ?7 F 1 rZ Q ?. r I ExISnNG ?z pAM n SST 7-- 1 cc ? 3 2or3 oinl vExreg l `s f =i}vA 4q>~AF6. a1. PoW t7 %TF?y, ??'sV JPs. / 97 B i? "ILOP+Q't7 S. WISNON 7 \ 41 LL L_. . . W 0 MAP014A W ISHON M'-DONALD ? r 2S1, 4 ----"-- - CgEr^5o nsso •°tr? Po?n1 Dex TEP, E srATE I - - = %. ' ? f?a.'t5 y d. K c/PFpPf 7 (TYP/SAG 8071 ';ICES u 2 ADELINE S. 4AP+e1M , ET AL I ? I 1 / v l l l V'I r- J s 9971 048NCG C. WILLIA" sTP?UATEF- AF?EA MAP /I. 40o' T? t AIOMA4A JwAN NAP,BIN to w. r. wlLtior•L OIANq P. W IL Son! iW.T. WtLSdJ DIANA D. WI LI,OM eJOAN SQATS 3 o C3 ? PP,oPOSFD! Pp/tilDExTE? P/T N? f I