19940996 Ver 1_COMPLETE FILE_19941020

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
December 6, 1994
Carl Rose and Sons, Inc
Shepherd Pit
P.O. Box 786
Elkin, North Carolina 28621
Dear Mr. Rose:
A IN15%
[D EHNR
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand mining operation, Yadkin River
Project # 94996, COE # 199401585
Wilkes County
Attached hereto is a copy of Certification No. 2946 issued to Carl Rose and Sons,
Shepherd Pit Sand Mine dated 28 November 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments
wgc2946
rd, r. E.
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
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
Wilkes 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, Inc.
in Wilkes County pursuant to an application filed on the 18th day of October of 1994 to mine sand
from the Chopart Pit, Yadkin River off of Armory Road.
The Application provides adequate assurance that the discharge of fill material into the waters
of Yadkin River in conjunction with the proposed development in Wilkes 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 (50 NTUs in streams and rivers not dc.signated as trout
waters by DEM; 25 NTUs in all saltwater classes, and all lakes and
reservoirs; 10 NTUs in trout waters).
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. This Certification shall expire upon
expiration of the 404 or LAMA 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 28th day of November 1994.
DIVISION OF ENVIRONMENTAL MANAGE?yII NT
>9J. ston tlHard, E.
WQC# 2946
State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Coastal Management
James B. Hunt, Jr„ Governor ED F H N F1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 26, 1994 I?EGEIVfl3
CNVIPuNi,1¢ATAL 5CIEN,'U
MEMORANDUM
TO: Mr. A. Preston Howard, Y.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. 199401585 dated
October 20, 1994 describing a proposed project by Shepherd Pit/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 November 18, 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 / This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed / Date t
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Lquol Opportunity Affirmc vo Action Fmployor 50% rocyclod/ 10% post-consumer paper
40
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
February 16, 1995
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
IT 0
44
E) F= F1
_: E I
In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice Action ID. No. 199401585 dated October 20,
1994 which describes a project proposal by Carl Rose and Sons, Inc. of Elkin. The project,
involving sand mining by dragline method, is located on the Yadkin River, east of Wilkesboro
in Wilkes County.
Based on a coordinated agency review, the state interposes no objection to the project
provided the following recommendations from the Wildlife Resources Commission and the
Division of Environmental Management are made a part of the requested permit:
Wildlife Resources Commission - recommends:
1) Berms should be regularly checked and repaired during draglining
activities.
2) Stream banks should be seeded promptly upon completion of mining.
Banks should be revegetated with fescue, rye (fall) and oats (spring)
after 30 days of mine inactivity. This work should be completed
within 60 days.
Division of Environmental Management - issued the required Section 401
Water Quality Certification on December 6, 1994. Certification No.
2946 provides standard turbidity restrictions.
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
I , A
Dr. G. Wayne Wright
Page 2
February 16, 1995
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely
Joh R. Parker, Jr. \
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management t/
COE-Raleigh

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401585
OF.
51994
October 20, 1994
PUBLIC NOTICE
SHEPHERD PIT, 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, TO BE USED IN THE PRODUCTION
OF ASPHALT SAND, ON PROPERTY LOCATED off ARMORY ROAD, EAST OF NORTH
WILKESBORO, WILKES 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 6,800 cubic yards has been dipped annually from the Yadkin River
at the Shepherd Pit Sand and Gravel Mining Operation from 1980 to present.
The sand dipping operation impacts approximately 69,600 square feet (1.6
acres) of river bottom by excavation. The sand is removed from the river by a
dragline to a depth of 6-15 feet deep below the river bottom. The area of
excavation is 1200 feet wide by 60 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
the river channel confined within adjacent upland ridges. There are no
wetlands on the upland ridges consisting of open farm pastures. The average
depth of the water where the excavation is proposed, and has occurred in the
past, is approximately 6 to 10 feet.
Excavated material is temporarily stored within a cleared area (about 75-
100 feet wide) along the upland ridge. This area is sparsely vegetated by a
few herbaceous plants: smartweed, ragweed, and pokeberry. Wooded areas
adjacent to the cleared stockpile area are vegetated by sycamore, elm,
sweetgum and red maple. Beyond the wooded buffer are open farm pastures. The
soils could be characterized as moderately well drained or well drained on
first bottoms and low terraces 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 North Carolina Department of Environment, Health and Natural
Resources, Land Quality Section has a current Mining Permit (Identification
Number 97-09), dated March, 1994.
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
3
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
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 December 6, 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 November 11, 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 18, 1994, or telephone [phone], Extension 25.
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Regulatory Branch
Action ID. 199401585
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 18, 1994
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:
Lw'<<
WATPo Otil,i_! i Y
Enclosed is the application of the Shepherd Pit Sand Mine, Carl Rose &
Sons, Inc. for Department of the Army authorization and a State Water Quality
Certification to dip approximately 6,800 cubic yards of sand from the Yadkin
River, off of Armory Road, east of North Wilkesboro, Wilkes 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 December 18, 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.
Sincerely,
G. e Wr ht
hie Regulatory Branch
Enclosure
-2-
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
Huv by:wiimington District :10-11-94 ; 12:42 919 876 5823-+__•USACE-Reg. Branch;# 4
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CfR 325) Errplrtea 30 September 1992
PuWla reportlrtQ burden liar tftle coMsaiorr of Mdorntwtrn W , Wn 1- to avrapr 6 hmm pw reepafee for a,s tnyortty d catty, ktokurtirtp tits tin,. for nvirwNtp NtadtKtforta,
mmhNtp exhtN+O des eotacee, t ad isib o and nv**Wr v tin data - ri and aompisrinp and rwAr**q dw collection d information. ApplicaWxw for wrpr or more complex
pmecta; or tf tea In eaciogloak sa w&* anal, could wo up b Loo hours Said aamwnes i epanikto tilt burden edkrwb or any otter aspect of the - Ar tion of Information.
including suggeetiont kr redming We btrdem in OaporNrwtt of Oalias - Wa0tiro r Hwdqurws Servim Dkaolorate fa Inforrrtabort Oparadmis and Reports, 1216 ,wffarton
Davis Hghway, 9,tite 12014, Arrnp w% VA 20 and to the OIMw d 01ASrne9M wtt and ftkiet Peprwork Reduction fi+of act (07104000), Wmhlr0on, DC 20606. Pleaea 00
NOT RE1UAN your oomplwd form b emiar at vigm addnNe - Sand your owipilawd fam to Depalrtwd of Debnes, U.S, Army Co" of Engkmrs, Aft CECW-OK 20 Meer.
Ave., N.W. Washington, DC 2W14-1000.
The Department of ttse Army permit pram is authorized by Section 10 of the Rivers and Harbors Act of 1899. Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Reamarch and Sanottiaries Act. These laws require permits authorizing activities in or atlect rig ravigable waters of the
United Statee, the discharge of dredged or fill materiel into waters of the United States, and the transportation of dredged material for the purpose of dumping it
Into ocean waters. Information pr*Aded on this farm will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notion. Oiatdoeure of the inkmiabon requested is voluntary; however, the Cats requested are necesmy in order to
communicate with ft applicant and to evaluate to permit application. It necessary information i9 not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original draw igs or good reprt?ttdble copies which show the lorabon and character of the proposed activity must be attached to this application
fsee sample drswvnps and tnsbvoborrs) and be submitted to the D* W Engineer halving jurtediexton over the ioeabon of the proposed ac". An application
that is not completed in full will be reUTiad
I APPUCArsON1 NUMA19A no be aaaigfW by COMS) 3. N"E, Aa0REW. AND TITLE OF AUTHORIZED AGENT
2. NAME A140 ADDRESS OF APPLICANT
GAU.-?OSC A.+r? Sum ?f-4
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Tol"hone no, during busine.u hours
A/C { ) (Residence)
A/C { ) (Office)
Statement of Authariation- I hereby designate and authorize
to act in my
MW as aw mom in the wocaee v of tww pan wt appikatim and tee
furnbYt. upon squeal. supplenwntai information M support of the application.
SKINA11JAE OF AFPUCANT dATU
4. DETAILED 0ESCRIPnCN OF PgOPOSM ACTSVrry
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6 WATEA1300Y ANO LOCATION ON WATEROODY WHERE AC11Vn'Y DUM OR IS PROWISED
\/ A 0 s % ^j -k ,u E.SL
7. LOCATION ON LAND WHERE ACTIVrrt MUSTS OR IS PROPOSED
ADDRESS:
STROUTE OR OTHER DESCRIPTIVE LOCATION
W tLLFc --w-&.1
COUN`T-Y` . STATE 73P OODE
C,_ 1.tJ o___ o U Ca ,J , ,1h/?.o,.?,Ca. ?_ - - -
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LOCAL GOVERNING BODY WITH ISDICTION OVERSIT£
a. Is arty portion at the activity for which authorization is sought now rxrnpMtei 0 Ytes 040
11 Air leer is 'yatt' givo reasons, month and year the act" was caytpleted. Indicate the as+WW* work an ttta drawings.
9. LLSI Oil appovW d CWtNicatiorw WKI t WWA3 received Notts Other federal, interstate, atwe or 1004111 egWcias for etty atrttct 1 caWructkM?, dbcherges or other
activities da nioaai in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
S-1 f ?. Q ?"^t? TC.I?.Iw?T MtA q?pq T?'v c.-W ?C1IN4 t? ?.1p.YdAW %,4 r10. Application in hw *W made fa a permit ut permits to authruize the activities described twwein, I oenity, that I am tarn Aw with the information contained In the
epplicrtion. and that to the best of my knowlarlge and WWf such information Is true, complete, via accwrta. I turther certify, that I possess the authority to
undertake this proposed activities or I am acting as thu duly aulhormsd agent of the appiiwu.
IGNATUREE OF APPLICANT -? DATE SKINNATUR DATE
The applicaVon must be signed by the person who desires to undertake the proposed a0v' y (applicant) or 11 may be signed by a duly
autborrred agent it the statement in block 3 has been Mad out and signed.
18 U.S.C. Section 1001 prtsnirdee oat Whoever, in any n orher within the jtaiedicbm of etty department or agency of The United S49w
knotttinOt, " WA* ftwMes, oortraeels, or oovere up by " ?yy track, 9Kttefrle, or derioe a tltalw* fact at tltaitae any MW iktitim a or fratAiIiiint
sMements Of reixeeenhdione -or au use or us" " NO v*rftV or dOCiNrtefht knM tq acme lo COMMA any 4" k ft" or
traXitgenl statarnent or oft, shell be fuzed not more then $10,000 or artprisoned not more than f1w
yiNrs, or bofta.
(Aweraa of V4 DOOM WS)
Y
RECEIVER
NOV 2 1
ENVIRONMENTAL
0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
z 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: November 18, 1994
SUBJECT: U.S. Army Corps of Engineers Public Notice No.
199401585, Application by Carl Rose and Sons, Inc., to
continue excavating sand by dragline from the Yadkin
River, Wilkes County, Mining Permit No. 97-09.
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
April 3, 1992. 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 6,800 cubic yards
of sand using a dragline at the Shepherd Pit in the Yadkin River
off Armory Road. The operation impacts approximately 69,900
square feet (1.6 acres) of river bottom. Sand is removed from
the river to a depth of 6-15 feet below the river bottom. the
area of excavation if 1200 feet wide by 60 feet long. Excavated
material is temporarily stockpiled on adjacent high ground ridge
and is later removed by trucks. Mining is done from one side of
the river, leaving the other side vegetated with hardwoods,
shrubs, and vines.
The NCWRC will not object to the issuance of this permit,
provided the following conditions are implemented by the
applicant:
1) Berms should be regularly checked and repaired during
draglining activities.
2) Stream banks should be seeded promptly upon completion of
mining. Banks should be revegetate with fescue, rye (fall)
r
199401585 Page 2 November 18, 1994
and oats (spring) after 30 days of mine inactivity. This
work should be completed within 60 days.
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. John Thomas, Corps
Ms. Janice Nicholls, USFWS, Asheville
Mr. John Dorney, DEM
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State of North Carolina
" Department of Environment,
Health and Natural Resources
Dlvislon of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
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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 26, 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
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199401585 dated
October 20, 1994 describing a proposed project by Shepherd Pit/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 November 18, 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
No comment.
Comments on this project are attached.
This office supports the project proposal.
A I
ID FE F1
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, Norfh Carolina 27611-7687 Telephone [phone] FAX [phone]
An f_qual Opportunity Atfitmalw< Action Ffripioyor 50`X, rocyclod/ I(M post-consun)Or ::o e
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199401585 October 20, 1994
PUBLIC NOTICE
SHEPHERD PIT, 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, TO BE USED IN THE PRODUCTION
OF ASPHALT SAND, ON PROPERTY LOCATED off ARMORY ROAD, EAST OF NORTH
WILKESBORO, WILKES 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 6,800 cubic yards has been dipped annually from the Yadkin River
at the Shepherd Pit Sand and Gravel Mining Operation from 1980 to present.
The sand dipping operation impacts approximately 69,600 square feet (1.6
acres) of river bottom by excavation. The sand is removed from the river by a
dragline to a depth of 6-15 feet deep below the river bottom. The area of
excavation is 1200 feet wide by 60 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
the river channel confined within adjacent upland ridges. There are no
wetlands on the upland ridges consisting of open farm pastures. The average
depth of the water where the excavation is proposed, and has occurred in the
past, is approximately 6 to 10 feet.
Excavated material is temporarily stored within a cleared area (about 75-
100 feet wide) along the upland ridge. This area is sparsely vegetated by a
few herbaceous plants: smartweed, ragweed, and pokeberry. Wooded areas
adjacent to the cleared stockpile area are vegetated by sycamore, elm,
sweetgum and red maple. Beyond the wooded buffer are open farm pastures. The
soils could be characterized as moderately well drained or well drained on
first bottoms and low terraces 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 North Carolina Department of Environment, Health and Natural
Resources, Land Quality Section has a current Mining Permit (Identification
Number 97-09), dated March, 1994.
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
3
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
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 December 6, 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 November 11, 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 18, 1994, or telephone [phone], Extension 25.
RCV BY:Wilmington District j10•-11-94 12 44 919 876 5823 USACE-Reg. Branch;# 6
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