19951084 Ver 1_COMPLETE FILE_19951012

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 6, 1995
Mr. and Mrs. John Beliczky
on behalf James Edgar Carter Estate
300 Westmoreland Road
Stoneville, N.C. 27048
Dear Mr. & Mrs. Beliczky:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand mining operation
Project ?COE # 199505905
Rockingham UtIty
FILE COPY
Attached hereto is a copy of Certification No. 3042 issued to Mr. and Mrs. John
Beliczky dated 5 November 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely11a?rd, PstoJr.
Attachments
3042.wgc
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
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WOW
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1:3 EHNR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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NORTH CAROLINA
Rockingham 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 214, Section .0500 to Mr.
and Mrs. John Beliczky resulting in Rockingham County pursuant to an application filed on
the 5th day of October of 1995 to establish a sand mining operation in the Dan River near
1384 Smothers Road, near Pleasantville.
The Application provides adequate assurance that the discharge of fill material into the
waters of Dan River in conjunction with the proposed development in Rockingham 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 the applicable
portions of 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.
This approval is only valid for the purpose and design that you submitted in your
application or as described in the Public Notice. If you change your project, you must notify
us and you may be required to send a revised application. For this approval to be valid, you
must follow the conditions listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project.
Condition(s) of Certification:
1. 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. These activities do not require written concurrence from the Division of
Environmental Management as long as they comply with all conditions
of this General Certification.
3. That established sediment and erosion control practices are utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTUs in streams and rivers not designated as trout waters by DEM; 25
NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs
in trout waters);
4. That discharge will be free from toxic pollutants in other than traces
quantities;

5. That the disposal area dikes be stabilized with vegetative cover as soon
as possible after construction to minimize erosion;
6. This Certification shall expire when the appropriate General Permit is
reissued, expires or is modified.
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. 27611-7447. 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 5th day of November, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
oestonrd, r. P.E.
WQC# 3042

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 24, 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
?EHNR
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199505905 dated
October 5, 1995 describing a proposed project by The James Edgar Carter Estate 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 November 3, 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 st: is the rojectoposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
( 0qs-
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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RECEIVED
DEPARTMENT OF THE ARMY OCT 1 0 1"5
Wilmington District, Corps of Engineers
Post Office Box 1890 ENVIRONMENTAL SCIENCES
Wilmington, North Carolina 28402-1890 MW.-u
Action ID No. 199505905 October 5, 1995
PUBLIC NOTICE
quo-62,7-0151
ON BEHALF OF.THE JAMES EDGAR CARTER ESTATE, MR. AND MRS. JOHN BELICZKY,
300 Westmoreland Road, Stoneville, North Carolina 27048, have applied for a
Department of the Army (DA) permit TO EXCAVATE SAND FROM THE DAN RIVER FOR USE
AS FILL MATERIAL BY LOCAL CONTRACTORS AND MUNICIPALITIES, ON PROPERTY LOCATED
AT 1384 SMOTHERS ROAD, NORTH OF PLEASANTVILLE, in Rockingham 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 375,000 cubic yards will be excavated annually from the Dan
River at the Beliczky Sand Plant on property leased from the James Edgar
Carter Estate. The sand mining operation will impact 105,000 square feet (2.4
acres) of river bottom by excavation. The sand will be removed from the river
channel by a sand pumping barge to a depth of approximately 5-10 feet below
the normal water level elevation. The area of excavation averages 87.5 feet
wide for a distance of 1200 linear feet. Excavated material (sand and rock)
will be pumped through an 8 inch pipe into a filter screen at the rate of 150
tons per hour, if available. The sand will be filtered from the water into a
settlement pond, with rock being removed to a temporary storage area. Water
from the first settlement pond will be pumped into a second settlement pond
for subsequent discharge into the river. The excavated materials will be
temporarily stockpiled on the adjacent high ground ridge (abandoned
agricultural field) approximately 100 linear feet from the river, and later
removed by dump trucks for utilization as fill material.
The site consists of a typical, upper piedmont riverine system,
characterized by a deeply incised river channel confined within adjacent
upland ridges. The average depth of the water where the excavation is
proposed varies from 2 to 5 feet, with a river bottom consisting primarily of
impermeable layers of rock. The proposed treatment and storage facilities
will be located within an area of high ground which is undergoing secondary
succession and is sparsely vegetated by a few saplings and herbaceous plants:
sycamore, river birch, red maple, ragweed, milkweed, pokeberry, and goldenrod.
This cleared area extends for several hundred feet from the river. The
vegetation which has volunteered immediately adjacent to the river bank will
remain to establish the 50-foot vegetated buffer along the river recommended
by the North Carolina Wildlife Resources Commission in their memorandum dated
August 8, 1995. The Rockingham County Soil Survey characterizes the soils
immediately along the river bank to be Congaree soils, which are deep,
moderately well drained or well drained, moderately permeable soils that
formed in alluvium on broad stream floodplains along large streams. The
Congaree soils grade into the Wickham soil series away from the river. These
soils are characterized as deep, well drained, moderately permeable soils that
formed in old alluvium and are found on narrow, slightly elevated stream
terraces.
-2-
The purpose of the work is to obtain sand for use as fill material for
commercial purposes. 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.
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
-3-
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.
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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before October 27, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
November 3, 1995, or telephone [phone], Extension 24.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
October 5, 1995
Regulatory Branch
Action ID No. 199505905
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
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?` r`? ? SCICA/C,? ;Enclosed is the application of the James Edgar Carter Estate, submitted
by their agents, John and Susan Boliczky, for Department of the Army
authorization and a State Water Quality Certification to excavate sand from
the Dan River for use as fill material by local contractors and
municipalities, on property located at 1384 Smothers Road, north of
Pleasantville, in Rockingham County, North Carolina. Your receipt of this
letter verifies your 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 is 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, in most cases, 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, or asked for an
extension of time, by December 23, 1995, the District Engineer will deem that
Questions or comments may be addressed to Mrs.Jean B. Manuele, Raleigh
Field Office, telephone [phone], Extension 24.
Sincerely, ) ) \
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
09/13/1995 12:43 910-349-E515 REED VETERINARY H015P f7YNGl: 03
APKICATiON FOR DEPARTMEiIFT Of THE ARMY PERMIT OIYIS i1PfM1OYA1 IN 1:. q?1Q 403
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One set of aridlt,el drawings or goad tiptoducibie copies which show the iocalfon and ehwtoctet of the proalosed OctlAti, trNu4t bo vW10044to this
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11flitlty, An api9t @Ogn that h trot 404001014411" Ill hA WO b4 Toturoood.
1, APPLICATION 140. 2. Pif:lia OffICE CODE
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3. DATE RECEIVED d, t?14''I APf'UCIr."'If1N GQf,API,ETF,I?
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NAME. LOCAT'IOM AND DESCRIPTION OF PROJECT OR jwrpllTtl
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24. AddrsUR of Ad)olning Property Owners, Lessees. Etc., Whose Ptoimnv Adloina the Waterbody III mrvre than can 1 e -imtored her t,
plaose s"boh • owplemental 041.
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25• List of other Cerllfloalions or Approvelsn?enlals Received from other Federal, State 01 Local Agencies for Work Deaeribtd In Th1a AlppMaation.
AQENCY TYPE APPROVAL' IDENTIFICA'T'ION NUMPEn DATA: APPLIED DATE Af'PPIOVE0 CIATE [1111 1ED
Se?. +t rAP-4-e,,d. s 4 e. e.,-? s
•Would ingW01 but M net raatriyt04 to IftV, btTlrt and Woad MOM t?,r I102
26. AppNcalkM err heMby made ter a permit or petmka to stnhoflza the work described In this applics<s+>n. I cooly 1twi the infbmvillon In this
opplkellon It eoroplsta end scsurete. I further coolly thst 1 possess the svthority to tmden44 the tiwork descrts,l tweln or arm et:tlno at the
duly outheritad sWo 91 the appocant.
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SIGNATURE Of AM9,IGANT ppt7{~ SKitiIAT E of ACTIE ON `
The applla•tlon n,u.t be I" by the person who desires to undertake the proposed activity I¦ippilwintl or It mev br alpned bn a July
4uthw4ted spent If the statement In block 11 has been filled out and signed.
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09/13/1995 12:49 910-349-8615 REID VETEZIMMW FfQ5p PAGE 05
M". 3amm Ir`.I " CAafe'O..
3144 NC
'idsvillt, N. C%27320
,---?-r-
GUCtie L. Drake
Carlene L. Robinson
413 Moa1ey Lp
Madison, N. C. 27025
Ollie Carter -
931 Smothers Rd
Madison, N. C. 27025
Clarence Moyer''
1421 emnthere Rd
Madison, N. C. 27025
David Glenn Moyer--'
1395 Smothers Rd
Madison, N. C. 27025
William Wilson
?.?
Brenda Wilson
1385 Smothers Rd
Madisont N. C. 27025

P.
[terry Lao i Linda Carter
1384 smothers Rd
Madison, N. 0.27025
David William Pulliam/
1254 Smothers Rd
Madison, m. C. 27026
Dum4ine Farms Trust
c/o Mary Webster
4151 NC 135
Stoneville, N. C. 27048
Mrs. J- J. Webster Estate
1562 Settle trid9w ad
Stoneville, N. C. 27048
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09/13/1995 12:49 910-349-8615
Corp. of Engineers
Mining Application
John Beliceky Sand Mine
REID VETERINARY HO'-;P PV;E 10
Block 18 on Mining Applications
We are submitting a permit for a
on the Dan River in Rockingham County
(,gee attached map) We intend to sell
such individual intereat that require
operations. The James Edgar Carter E
sand pumpi.;ng operation
off Smothers Rd.
the pumped sand tm
sand for their' tiiialneisa
state will also bets
receiving payments f6r each ton of nand sold.
The Band will be pumped by means of a wand. pumping
barge through an S inch pipe up and into a filter screen
at the rate of 150 tuns per hr. of band and ro*k t If' the
sand is available, . The sand will be filtered from the water,
into a settlement pond. The rock will set go through the
filter and will fall back onto the goound to be removed to
a storage area. (see enclosed Plana) The weLtex• in the
settlement pond will go into another settlement por? ry r1oans
of a pipe to be returned into the river. The resulting sand
claimed from the filtering screen will be removed to 'the
storage area.
Both the sand and river rock are a source of Income for
ourselves and the land owners. Both parties a.ra anxicive 'to
qualify for this sand pumping permit.
9 4"gDuejo 608-3Ovsn -EZ05 90 6l6 ! 65:LL : 56-6z-6 : 40T4.1.c u046uT?ITM:An AOa
091'13/1995 1^2:49 910-:49-8615 REID VETERINARY HOSP PPGE 11
\.O? i7 c) so<Ns' ?, G
P"e2ofbl*Cki8
We anticip4te a demand for the sand by the Rr?aki?l' ;h as
County Landfill and adjoining counties that are sintic-1POLtir+g
adding now cells to their existing landfill sited.
This promisee to be a source of income for ourselves
as well as the property owners. We will, also be prowigin,g
sand to interested buyers at a considerable savings aty
opposed to mined sand.
All bf thwm& r--nh•Aings will be done with mianiml
disturbance to the environment and other associated asl**-ts
of our wildlife.
6 #;uaue.49 aaH-;ovs 1 «-EZ99 9L9 6l6 ; 00:91 ; 96-6Z-6) ! 40T4, VC u045UT,!,1FM:A9 A9H
09/13/1995 12:49 920-345-eF15 REID VETERINARY HU P i°A3F_ 12
Corp. of Tn1oCiJ`!?l?r,
Dining Application
John Bel ie s ky sand punpirng
Block 19 Of Mining Applications
Per attached drawings the sand will be pump4td from t1lhe
South bank of the Dan River by means of a sand barge, r;rwe
sand, water, and river rock travel through an 8 Inch pip!
into a screen extended at a 45 degree and appro*imately
12 feet above the first settlement pond; while 'the roc.l
falls book into a pile to be moved as it accumulates
into the stockpile area. (see attached dmwinge)
There is a need for theoe products both by local
contractors and area land fills. The sand and rook veil:.
provide income for our wand company and the owner & of the
property, The sand can also be offered to the local municipal:i.ties
at a cheaper rate than mined sand.
We plan to begin a pumping operation upon approval of
all agencies involved with this permit. We wi:Ll oompl, with
all regulations regarding this operation as get forth 1:q- the
interested rmtrttes of both the state and federal governnentis.
The sand pumping operation will continue for The duration
of this permit or depending on the availability o:f the ;toduot.
OL#:y0ugi9 'oaf-govs1 -8295 ne 6l6 : 00,916 : 96-6Z-6 : 40?u?.s'C u045UT11TM',AG Asa
09J13/9,995 12:49 910-349-661F,
Corp of End neere
Mining Application
John Beliesky Squid. Mine
Block 25 on Mining Application
REID VETERINARY lal'SP A,aE 13
N cslNc-)Ca'' S
Agency l Rockingham County Planning do zoning
Types Rezone for heavy induatrial-conditional use! for a e;Eand
pit operation.
Date App+il4%- 4Aq 3/95
Date Approved r 5-15-95
Agency 1 Ro@kincham County Hoard of Commisaioneea-a
Typed Approve Rezoning
Dates Applied s 5.15«95
Date A ppreved : 6/5/95
Agoncy l DEXPA t Land Qunl itv i Ralp i, Arh Tjjd i +h Wohne r
TYPO $ SOM ]Pumping Permit
Date Ipplied s 8/16/95
Date Approveds Pending
AA*ncy Dot; Rockingham County t Pat Ivey
Types Street Aceseg permit (PreYioua2y approved for Thompeoh
and Arther on old mining permit)
Date Appl ied s 9/x 4/95
Date Approved a Pending
Agsney i N. C. Wildlife Resources
Typo o Alining Permit Application
Lxgouejg o98-3ovsn -em ng 6L6 ; 00:9L ! 96-H-6 ' 40Tu1.5':c u043uT111!M:A9 AOa
. O?k/13/1995 12:49 910-349-6615 REID VETERINARY FOSP F AM 14
page two of Block 2$ - Mining Appl icallon
Date Applieds B-8-'95
Date Approvedi Pending (see attached letter from N.C.
Wildlife Resources Commission)
Agencyt DEHMEN w water Quality
Types Sand pumping permit
late Applied& 9-12-95 ( Spoke with Ron Linville to ceoeivo
the necessary permit application)
zw'uoue?q '6e8-3odsn +-U99 9L9 6L6 : 00:91 : 96-6z-6 : JOZ6U!?,i!M:A9 Ana
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October 26, 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
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199505905 dated
October 5, 1995 describing a proposed project by The James Edgar Carter Estate 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 November 3, 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
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199505905 October 5, 1995
PUBLIC NOTICE
ON BEHALF OF THE JAMES EDGAR CARTER ESTATE, MR. AND MRS. JOHN BELICZKY,
300 Westmoreland Road, Stoneville, North Carolina 27048, have applied for a
Department of the Army (DA) permit TO EXCAVATE SAND FROM THE DAN RIVER FOR USE
AS FILL MATERIAL BY LOCAL CONTRACTORS AND MUNICIPALITIES, ON PROPERTY LOCATED
AT 1384 SMOTHERS ROAD, NORTH OF PLEASANTVILLE, in Rockingham 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 375,000 cubic yards will be excavated annually from the Dan
River at the Beliczky Sand Plant on property leased from the James Edgar
Carter Estate. The sand mining operation will impact 105,000 square feet (2.4
acres) of river bottom by excavation. The sand will be removed from the river
channel by a sand pumping barge to a depth of approximately 5-10 feet below
the normal water level elevation. The area of excavation averages 87.5 feet
wide for a distance of 1200 linear feet. Excavated material (sand and rock)
will be pumped through an 8 inch pipe into a filter screen at the rate of 150
tons per hour, if available. The sand will be filtered from the water into a
settlement pond, with rock being removed to a temporary storage area. Water
from the first settlement pond will be pumped into a second settlement pond
for subsequent discharge into the river. The excavated materials will be
temporarily stockpiled on the adjacent high ground ridge (abandoned
agricultural field) approximately 100 linear feet from the river, and later
removed by dump trucks for utilization as fill material.
The site consists of a typical, upper piedmont riverine system,
characterized by a deeply incised river channel confined within adjacent
upland ridges. The average depth of the water where the excavation is
proposed varies from 2 to 5 feet, with a river bottom consisting primarily of
impermeable layers of rock. The proposed treatment and storage facilities
will be located within an area of high ground which is undergoing secondary
succession and is sparsely vegetated by a few saplings and herbaceous plants:
sycamore, river birch, red maple, ragweed, milkweed, pokeberry, and goldenrod.
This cleared area extends for several hundred feet from the river. The
vegetation which has volunteered immediately adjacent to the river bank will
remain to establish the 50-foot vegetated buffer along the river recommended
by the North Carolina Wildlife Resources Commission in their memorandum dated
August 8, 1995. The Rockingham County Soil Survey characterizes the soils
immediately along the river bank to be Congaree soils, which are deep,
moderately well drained or well drained, moderately permeable soils that
formed in alluvium on broad stream floodplains along large streams. The
Congaree soils grade into the Wickham soil series away from the river. These
soils are characterized as deep, well drained, moderately permeable soils that
formed in old alluvium and are found on narrow, slightly elevated stream
terraces.
-2-
The purpose of the work is to obtain sand for use as fill material for
commercial purposes. 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.
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
-3-
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.
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), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before October 27, 1995, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
November 3, 1995, or telephone [phone], Extension 24.
013/43/1995 12:49 910-349-8615 REID VETERINARY HQQ?P ,?jaE 06.
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