19950822 Ver 1_COMPLETE FILE_19950809

State of North Carolina
Department of Environment, 'O'Ar
Health and Natural Resources A74
Division of Environmental Management -?I
James B, Hunt, Jr„ Governor C
Jonathan B, Howes, Secretary E H N
A. Preston Howard, Jr„ P.E., Director
August 28, 1995
Mr. Odis Naaman McDaniel
1005 Tartton Drive
Shelby, N.C. 28150
Dear Mr. McDaniel:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand mining operation
Project # 95822, COE # 199504536
Cleveland County
Attached hereto is a copy of Certification No. 3021 issued to Odis McDaniel dated
27 August 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston oward, Jr P.E.
t
Attachments
3021.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. John Parker, 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/ 1096 post-consumer paper

NORTH CAROLINA
Cleveland 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 21-1, Section .0500 to Odis McDaniel in
Cleveland County pursuant to an application filed on the 3rd day of August of 1995 to operate a sand
mine near Lawndale.
The Application provides adequate assurance that the discharge of fill material into the waters
of First Broad River in conjunction with the proposed development in Cleveland 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 designated as trout waters by
DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs
in trout waters).
2. Proper sediment and erosion control measures such as berms and sediment
basins shall be constructed and maintained properly to minimize sedimentation.
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 CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) 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. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on
the modifications upon written request within sixty (60) days following receipt of the Certification.
Unless such demands are made, this Certification shall be final and binding.
This the 27th day of August, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ton Howard, Jr. PA
WQOI 3021 U
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
MEMORANDUM
August 9, 1995
TO: Mr. A. Preston I-Io«-ard, P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
A4
ED F== F1

The attached U.S. Army Corps of Engineers Public Notice for Action No. 199504536 dated
August 3, 1995 describing a proposed project by Mr. Odis Naaman McDaniel is being 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 September 1, 1995 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 orts the rectrproposal.
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
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199504536
PUFLIC NOTICE
August 3, 1995
MR. ODIS NAAMAN MCDANIEL, 1005 TARLTON DRIVE, SHELBY, NORTH CAROLINA
28150, has applied for a Department of the Army (DA) permit to MINE A MAXIMUM
OF 20,000 CUBIC YARDS OF SAND PER YEAR FOR COMMERCIAL SALE FROM A SECTION OF
THE FIRST BROAD RIVER, NEAR LAWNDALE, IN Cleveland County, North Carolina.
The following description of the work is taken from information provided
by the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application indicate that a dragline operating from the streambank is to be
used in mining 5,000 to 20,000 cubic yards of sand annually from the First
Broad River. The mined sand will be stockpiledfdewatered on high ground
adjacent to the river. After drying, the material is to placed in dump trucks
using a front-end loader and hauled to a nearby commercial asphalt plant.
Adequate erosion control measures such as silt screens, vegetative buffers,
and earthen berms are to be employed during the mining activity in order to
lessen siltation and sedimentation =mpacts in the river. Cleared or disturbed
soil areas on the mining site are to be revegetated as soon as is practical
throughout the life of the mining activity. Once mining is complete, final
reclamation of the site will genera:ly comply with procedures set forth by the
applicant's State mining permit. The proposed work site is located at the
McDaniel Sand Farm, Powerhouse Road, in Lawndale, Cleveland County, North
Carolina; 35 degrees, 23 minutes, 52 seconds north by 81 degrees, 33 minutes,
13 seconds west. The area of rivered to be mined will be approximately 0.76
acres. The applicant proposes to mine the described area for a period of five
years. Plans showing the work are included with this public notice.
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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
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 worksite 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
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.
t

-3-
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.
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 August 25, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: MR STEVE CHAPIN, until 4:15 p.m.,
September 1, 1995, or telephone [phone].
? ??vN DA??

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AFP1,1CAT1(.,N RM A MINING PERMIT
A table/c lut nimt be ptovided oil the mi??e n?a1? That cleAtly llsts the arProxitrnate acteage of
taifingslse?intet?l ponds stcxkl?l!t' , wpOeppilea, pinvesshig mea/haul wads, mine exeavrttlon and any other
rrt;?Jnt arjx?ct of thr minting np-i-rtttlon that 14 prormised in fie n(rmicd/dislurb"t during the life of the mining
permit. P' lable"Chn't shilllar tic) the ft?1lowrt"g will he nrcepinble.
UA,T1?GOitY
Tailings/Sediment f i?r?ds
Stockl?iles?
W.20c?plles
I'tuce!;ci?ig A.tea/1lau) it?t,?<!s
Mine Exc-avatllm -
Ar-r-ECTF0 ACREAGE

FN Aumi'Nort 'll'rt '1110 ABOVE, 'Il1F? MAN MUST ALSO IN(:Lt1UE ANY SI'I*E-
1 G: 1(; INF(,tRMATION 111A't' IS PROVIDED tN '1I1t ANSWERS TO 'FUE FOLWWING
i ES'I LMS M MS APPLICATION 10"t (PLEASE NOTE THE I'T'ALICIZED
VESTIMS/S'.1'ATE.MEMI'S THROUGS119 0-111P, FORM). ''UIS APPLICATION WILL. NOT
E CONSI FIPIUP CONI-P .. TY, 1V1'Q'ill)UT ALL itr;i.F VANT 117TAIS BEING: Ai)ly' ILIAI-ELY
Ammut;sm ON '1111 MIME n1A1,.
-S.
A Lrr-? ?W?z
N.C. UEn. OR
ENVIRONMENT, tIRALTFI,
& NATURAL R1:50U12Ct?,S
0 DIVISION OF ENVIRONMENTAL MANAGEMENT
AN J. 4 Wyy
August 11, 1995
MEMORANDUM
TO: Rex Gleason
Mooresville Regional Office
FROM: John Domey 3 D-Q a 4,
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by August 28, 1995. Please call me if you
or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
1. Odis Naaman McDaniel (2 week review)
#95822
Cleveland County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure

North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1185, 919-733-3391
Charles R. Fullwood, Executive Director lkll
MEMORANDUM e ,Po el?J& F?
°^+1?9( s
TO: John R. Parker, 404 Coordinator
Division of Coastal Management 0
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: August 18, 1995

SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199504536, Review of an
application to mine sand from the First Broad River at the McDaniel Sand Farm
Mine, Cleveland 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 10 August 1995. 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 is requesting a permit to mine 5,000 to 20,000 cubic yards of sand annually
from 0.76 acre of the First Broad River using dragline and truck. The mine site is located along
the inside bank of a large meander (377 linear feet) and two areas upstream (122 and 112.5 linear
feet) in the First Broad River where sand mining has occurred previously. The mined sand will be
stockpiled and dewatered on high ground adjacent to the river. Erosion control measures will
include silt screens, vegetative buffers, and berms.
The North Carolina Wildlife Resources Commission does not object to the issuance of the
permit, provided the following conditions are met by the applicant:
1) Berms should be constructed along areas to be mined before mining begins. They should
be checked regularly and repaired as needed.
2) If mining is seasonal, herbaceous vegetation should be planted immediately upon
completion of each mining period to stabilize the stream bank and prevent continued
erosion.
3) If sediment basins are used to dewater stockpiles, they should be dipped out when half full
of sediment and the material placed on high ground away from the river.
199504536 Page 2 August 18, 1995
4) Trees and shrubs should be preserved between mining sites to stabilize the bank. If
woody vegetation must be cleared off the actual mining sites, vegetation should be cut
rather than cleared and grubbed. By leaving the root systems, banks will be more stable.
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. Chris Goudreau, District 8 Fisheries Biologist
Mr. Jack Mason, District 8 Wildlife Biologist
Mr. John Dorney, DEM
Ms. Janice Nicholls, USFWS;
Mr. Steve Chapin, COE >9

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199504536
PUBLIC NOTICE
959QZ
August 3, 1995
MR. ODIS NAAMAN MCDANIEL, 1005 TARLTON DRIVE, SHELBY, NORTH CAROLINA
28150, has applied for a Department of the Army (DA) permit to MINE A MAXIMUM
OF 20,000 CUBIC YARDS OF SAND PER YEAR FOR COMMERCIAL SALE FROM A SECTION OF
THE FIRST BROAD RIVER, NEAR LAWNDALE, IN Cleveland County, North Carolina.
The following description of the work is taken from information provided
by the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application indicate that a dragline operating from the streambank is to be
used in mining 5,000 to 20,000 cubic yards of sand annually from the First
Broad River. The mined sand will be stockpiled/dewatered on high ground
adjacent to the river. After drying, the material is to placed in dump trucks
using a front-end loader and hauled to a nearby commercial asphalt plant.
Adequate erosion control measures such as silt screens, vegetative buffers,
and earthen berms are to be employed during the mining activity in order to
lessen siltation and sedimentation impacts in the river. Cleared or disturbed
soil areas on the mining site are to be revegetated as soon as is practical
throughout the life of the mining activity. Once mining is complete, final
reclamation of the site will generally comply with procedures set forth by the
applicant's State mining permit. The proposed work site is located at the
McDaniel Sand Farm, Powerhouse Road, in Lawndale, Cleveland County, North
Carolina; 35 degrees, 23 minutes, 52 seconds north by 81 degrees, 33 minutes,
13 seconds west. The area of riverbed to be mined will be approximately 0.76
acres. The applicant proposes to mine the described area for a period of five
years. Plans showing the work are included with this public notice.
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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
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 worksite 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 dredyed 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 determide 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.
-3-
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.
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 August 25, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: MR STEVE CHAPIN, until 4:15 p.m.,
September 1, 1995, or telephone [phone].

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A1?PLICATI I,N I"UR A MINING PERMIT
UJMVC-nv UI GIIVIIIM v
A tablelc last mmf be ptovided rm the mTinc 11111? MM cteAtly lists tits approximate acreage Of
tailinSslselimetit pouds stmkpUes, %k,P.Oeppilet, piocessing meaT/haul reads, mine excavation and any other
mtPjmr 01411 41171 of the vdrrhng r•pM-rtrlicm that ig ?re?fxrted in lie nffnctedfdislurhed durimg the life of the mining
permit. ?, lahlclrlml timilm to lbe followtv'g will he nrceptnt?le•
1'ail.ings/Se?lintenl !'c?nd.a
5tcx.kEriles.._. _---------------
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1N AD-01TION TO '1IIC APOVE, '111h, MAN RRIST A1SU INCLUDE ANY Sl'I'1G-
1C INFO RMA'1IUl,i I11AT IS PROVIDED IN THE ANSWERS '1'0 THE FULWVVI.NG
QUES11ONS 1N ms AT pLICA`v1ON rURRt (PLEASE NOTE THE urALICIZE- D
UFS7)r :?VS/s cA 1 I.MIFdV'.CS I I)ROUCiIUU 1 I t1?; FuRnf). TUTS APPLICATION WILL, NOT
E CO?!;tOLR,t:,J.w I;?t3n1P.t.,h.11; ?VI111OUr ALL ar,UVANT rrF:n1S IIFINC Atyl+_;QUATELY
ADDRl.,SM ON THE 1%1119F RIAM.
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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
August 9, 1995
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
A14Nola
?EHNR
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199504536 dated
August 3, 1995 describing a proposed project by Mr. Odis Naaman McDaniel is being 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 September 1, 1995 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
0
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199504536 August 3, 1995
PUBLIC NOTICE
MR. ODIS NAAMAN MCDANIEL, 1005 TARLTON DRIVE, SHELBY, NORTH CAROLINA
28150, has applied for a Department of the Army (DA) permit to MINE A MAXIMUM
OF 20,000 CUBIC YARDS OF SAND PER YEAR FOR COMMERCIAL SALE FROM A SECTION OF
THE FIRST BROAD RIVER, NEAR LAWNDALE, IN Cleveland County, North Carolina.
The following description of the work is taken from information provided
by the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application indicate that a dragline operating from the streambank is to be
used in mining 5,000 to 20,000 cubic yards of sand annually from the First
Broad River. The mined sand will be stockpiled/dewatered on high ground
adjacent to the river. After drying, the material is to placed in dump trucks
using a front-end loader and hauled to a nearby commercial asphalt plant.
Adequate erosion control measures such as silt screens, vegetative buffers,
and earthen berms are to be employed during the mining activity in order to
lessen siltation and sedimentation impacts in the rive:. Cleared or disturbed
soil areas on the mining site are to be revegetated as soon as is practical
throughout the life of the mining activity. Once mining is complete, final
reclamation of the site will generally comply with procedures set forth by the
applicant's State mining permit. The proposed work site is located at the
McDaniel Sand Farm, Powerhouse Road, in Lawndale, Cleveland County, North
Carolina; 35 degrees, 23 minutes, 52 seconds north by 81 degrees, 33 minutes,
13 seconds west. The area of riverbed to be mined will be approximately 0.76
acres. The applicant proposes to mine the described area for a period of five
years. Plans showing the work are included with this public notice.
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.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
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.
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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 worksite 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 determide 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.
AO
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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.
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 August 25, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: MR STEVE CHAPIN, until 4:15 p.m.,
September 1, 1995, or telephone [phone].

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A table/c tart motet be provided on the mme, tit-Ip that clearly lists the approximate acre-age of
tailings/se?intt't?t pords rtsx: pPet;, xv;IOeppilm processing ate.a/haul roods, mine excayntion and any other
m of 1+s1m rt of the ttfin'rfg op.-Fullotl that 1.4 )wilxsed in lie s?ffex ted/clislurt?er) during the life of the mining
i permit. P. lahle ..hayl shlillm fo the followiI"g will be nrervint0e,
'1'ail.ings/SE?dimettt hand.R -
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Ptocermhtg Area/lhul Reads
Mine Exca l,' iom
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AF1:Fa TED ACREAGE

M AD.9111'.I0N TO '1111C APOYE, ')1111';, MAM MUST ALSO INCLUDE ANY SITE-
t C 1C TNFr RNIA'TIoN 111A'1' IS PROVIDED IN TJJF. ANSWERS TO THE F'OLWWI,NG
Qt ES'i ms IN 'T'U!S ATIPLICATION NORM (PLEASE NO'T'E THE ITALICII'm
?EUCON'StOCRUP RM il'S 'ruROUG110VT TI F: FORM). THIS APPLICATION WILL NOT
CORIP.1.,ETE WITIltMIT Ai,l, It11.1.EVANT I7ERIS PF;INC: AI)Fx)uATELY
AI)URUtM) ON THE MINE MAPS.
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