HomeMy WebLinkAbout19960160 Ver 1_COMPLETE FILE_19960215State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Environmental Management A&4
FAIV
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ® F N
A. Preston Howard, Jr., P.E., Director
Wade Moore Equipment Company
P.O. Box 546
Louisburg, NC 27549
Dear Sirs,
March 18, 1996
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed after-the-fact approval of instream sand mining
Project #960160, COE #199402751
Franklin County
Attached hereto is a copy of Certificaion No. 3058 issued to Wade Moore Equipment Co.
dated 16 March 1996.
If we can be of further assistance, do not hesitate to contact us.
Attachments
960160.wgc
Sincerely,
I y
??- 1 reston Iloward, Jr. I'.I.
)i' "
J
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Kristin Rowles; PTRP
Enviro. C(Actfmon riranrti, 4401 tler,r}y Grwjk Rd, fleloirlh, fir; 7/r;07 7elr,(,hr)no rll'1 7'l'i 1 /flf, f Al It /"," 'f'1`71
An Equal Opportunity Affirmative Action Errployr:r • 50'/ rw yr ?r <y10"A v,-A ?.r nrv urnor p,,i,cr
NORTH CAROLINA
Franklin County
CER'T'IFICA'T'ION
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 211, Section .05(x) to Wade Moore
Equipment Company resulting in water impact in Franklin County pursuant to an application filed
on the 15th day of February of 1996 to continue to mine smd from the Tar River near Louisburg
as described in the COE's public notice dated 15 February 1996.
The Application provides adequate assurance that the discharge of fill material into the waters
of Tar River in conjunction with the proposed development in Franklin 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.
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 DIM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NI'Us in trout waters).
2. The riverbank on site shall be maintained at all times with vegetative cover to
prevent erosion.
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 have the right to Dui 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 15013 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 1801 day of March, 1996
DIVISION OF ENVIRONMENTAL MANAGEMENT
PPr stun Howard, Jr. P.E.
WQC #3058 I 1, _,
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
February 28, 1996
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. 199402751 (].tied
February 15, 1996 describing a proposed project by Wade Moore Equipment Company 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 March 15, 1996 If you have any questions regarding the proposed project, please contact
me at 733-2293. When appropriate, in-depth Continents 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.
1 I ?
I?
??i 04)
Date
Signed -
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer fM recycled/ 10% post cons irner popm
MEMORANDUM PRINT NAMES:-
Reviewer.
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
'PI?• ERG-37 t4
PERMIT YR: 96 PERMIT NO: 0000160 COUNTY: FRANKLIN
APPLICANT NAME: WADE MOORE EQUIPMENT CO.
PROJECT TYPE: SAND DIPPING PERMIT TYPE: IND.
COE #: 199402751 DOT #:
RCD FROM CDA: DATE FRM CDA: 96
A d^
?A??SJIQ
,t:co
REG_OFFICE: RRO R (ia r4 IjTr;?"?r'
RIVER _AND_SUB_BASIN_#-Ta(- STR INDEX NO:
STREAM CLASS:
WL IMPACT? : YC WL TYPE (v
WL_REQUESTED: wtA WL ACR EST?: YON)
WL-SCORE (#) : U(A- WATER IMPACTED BY FILL?: Y
MITIGATION?: YON MITIGATION-TYPE:
MITIGATION-SIZE:UA
DID YOU REQUEST MORE INFO?: Y/0
IS WETLAND RATING SHEET ATTACHED?: YO
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?
N
(.JY
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : ?-) I P
-
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14 1(4 1
.c: Regional Office
Central Files
r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Pos= Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199402751
February 15, 1996
PUBLIC NOTICE
WADE MOORE EQUIPMENT COMPANY, Post Office Box 546, Louisburg,
North Carolina 27549 has applied for a Department of the Army
(DA) after-the-fact permit TO AUTHORIZE THE EXCAVATION OF SAND BY
DRAGLINE FROM THE TAR RIVER, TO BE USED IN THE PRODUCTION OF
MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED SOUTHEAST OF
LOUISBURG, in Franklin County, North Carolina.
This public notice does not imply, on the parts of the Corps
of Engineers or other agencies, either favorable or unfavorable
opinion of the work performed; but it is issued to solicit
comments regarding the factors on which a final decision will be
based. Legal action has 'een suspended pending the outcome of
this consideration.
The following descrip=ion 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. The
applicant has recently excavated sand within 2 separate,
previously-undisturbed sections of the Tar River, referred to as
the Fleming Pit and the Kemp Pit, without DA permit
authorization. The Kemp Pit is located immediately upstream of
an area from which sand has been excavated for over 15 years,
while the Fleming pit is =ocated at the applicant's westernmost
property boundary. Excavation at the Kemp Pit has impacted 1.03
acre (750' X 601) of rive= bottom, while the Fleming Pit has
impacted 1.55 acre (1128' X 60'). These activities have resulted
in the removal of approximately 6,000 tons (approximately 5,000
cubic yards) of material within the past year.
Plan submitted with =he application depict the continued
mining o L'W,8 linear fee= of river at the Kemp Pit, while
reducing the excavation limits from 750 linear feet to 250 linear
feet at the Fleming Pit. :he width of the excavation limits will
remain 60 feet. The sand is removed from the river by a dragline
to a depth of 12-15 feet below the river bottom. Excavated
material is then temporar_ly stockpiled on the adjacent high
ground ridge and later removed by dump trucks to the processing
plant. No excavation wit:-in the river is performed between
April 1 and July 31 of any year to prevent the disruption of fish
spawning.
*0
-2-
The worksite consists of a typ'cal piedmont riverine system,
characterized by the river channel confined within adjacent
upland ridges. This high ground e•:entually grades into isolated
wet=and areas farther away from the river. The average depth of
the water where the excavation has occurred and will occur in the
fut-.:re averages 1 foot or less dur-ng the growing season. Sand
bars are located in the area where the material is excavated,
with the river meandering through :hem in a braided manner.
Excavated material is temporarily stored within a cleared
area (about 75-110 feet wide) along the high ground ridge. The
are_ between the river and the access road is about 25 feet wide
ant has been recently cleared of ':s vegetation. The vegetation
was cut at the surface, leaving the root mats in place to
statilize the river bank; however, not enough time has elapsed to
al=z-4 for the area to revegetate. The Franklin County Soil
Sur-:ey characterizes the soils in =his area to be a Riverview ant
Bunzombe Association and appear tc be well drained.
The purpose of the work is to obtain sand for use in the
prc-uction of mortar and concrete sand for commercial use. Plans
shc-,.ing the work are included with this public notice.
The State of North Carolina will review this public notice tc
de-ermine the need for the applicant to obtain any required State
au--'-orization. No Department of the Army (DA) permit will be
iss-.:ed until the coordinated State viewpoint on the proposal has
been received and reviewed by this agency, nor will a DA permit
be =ssued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water
Qu:-_ity Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404
of -he Clean Water Act (33 U.S.C. 1344). Any person may request,
in ,rri.ting within the comment period specified in the notice,
tha= a public hearing be held to consider this application.
Req-.:ests 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 cf Historic Places for the
presence or absence of registered properties, or properties
listed as being eligible for inclusion therein, and this site is
no- registered property or proper:y listed as being eligible for
inc_usion in the Register. Consu_tation of the National Register
constitutes the extent of cultura_ 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
wor:f under the requested permit.
P0
-3-
The District Engineer, based on available information, has
consulted with the United States Fish and Wildlife Service and
has been informed that the Tar River is designated as critical
habitat for the Tar spinymussel. Consequently, the unauthorized
excavation activities undertaken and proposed could have or may
affect species, or their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species :pct
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 andlts 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 rust 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 oL_come
of the general balancing process. That decision should ref_ect
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, eater
quality, general environmental effects and the other public
-4-
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 March 8, 1996, 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., March 15, 1996, or
telephone (919) 876-8441, Extension 24.
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Rl)4c/. 51,11
MINING IMF DRAWN FOR
FLEMING SAND PIT -? ?• e? ? F' Soy .,a SJ,?x;,; . ^n?
( WADE MOORE EQUIPM04T CO. )
LOUISKIFIG TOWNSHIP. FRAWUN =,NTY N C
Sulu 'P' a 240' late; Jar.wr) 1, 11.9'
BAA SCALE
a n7 24.0" too, ISO, rn W,
. . . __ .. .- - I, ? inn';IT I T!-1. In nnu
'A.-
03/11/1996 16:55 9199469492
&m. uco-TAB RnTR FOUNDATXM
P.O. K)K 11+54, WASHUIOMNC27W9 (919)9W7211
March 8, 1996
NATURE SAVEr FAX MEMO
Jean B. blanuele _
Department of the Army
Wilmington District, Corps of Enginccrs ;
6512 Falls of the Neuse Rd., Suite 105
Raleigh, NC 27615
Dew 1. Manue1e:
you for the opportunity to comment on the application by Wade Moore Equipment
y for an "after-tlwfact permit" to authorize excavation of sand from the Tar River.
submitting the following comments on behalf of the Pamlico-Tar River Foundation
an environmental organization of 1700 members from throughout the Tar-Pamlico
River watershed.
PTRF believes that the permit applicant has violated the Clean Water Act by conducting its
mating activity without a permit. The applicant should be subject to the applicable penalties
for this violation.
This violation has occurred in the Tau River in Franklin County. River water quality in
Franklin County, and throughout the Tar-Pamlico watershed, is already stressed by multiple
pollution sources. Additional unMmItted sources, such as the applicant's activity,
exacerbate existing degradation and should be enforced against.
Not only does the applicant's unpermittod activity threaten water quality, it also could
degrade the habitat for an a WnSered species. Habitat for the Tar River spiny mussel
(Elllpolo sreinsumana), a federally listed endangered species, occurs in the Tar River in
Franklin and Nash counties. The applicant's project site also oaaurs in the habitat of several
other federal candidate species ("specials of special concern`): yellow lamp mussel (Lampsllis
carfosa), yellow lance (Mliptlo lm molata), and Atlantic pigtoe (Fhswnata mosono. The
applicant's unpermitted activity is a threat to the habitat of these rare species.
The Tar-Pamlico River is a critical environmental and economic resource to eastern North
Carolina. The river has experienced high levels of pollution stress from permitted sources,
let alone unpermitted sources of pollution. Users of the resources of this region must all be
EDucAT10N. Anvoc.Acr. ReseAec".
40 IW%r#CVCkdP&O&
03/11/1996 16:55 9199469492 PTRF PAGE 02
responsible for protecting the river. All businesses and other organintions that conduct
regulated activities are subject to permit requirements; the applicant should have complied
with these requimnents. MF asks that the permit applicant's action be tromted as a
violation and that the "after-the-fad' permit be denied,
Thank you for the oppa minty to comment.
Sincady,
K11Stin Rowles, Exacutlve Director
Pamlico-Tar River Foundation
cc: John Dorney
State of North Carolina Cl?'Ar
Department of Environment,
Health and Natural Resources A &
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C)E H N M
Roger N. Schecter, Director
February 28, 1996
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. 199402751 dated
February 15, 1996 describing a proposed project by Wade Moore Equipment Company 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 March 15, 1996 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 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199402751
February 15, 1996
PUBLIC NOTICE
WADE MOORE EQUIPMENT COMPANY, Post Office Box 546, Louisburg,
North Carolina 27549 has applied for a Department of the Army
(DA) after-the-fact permit TO AUTHORIZE THE EXCAVATION OF SAND BY
DRAGLINE FROM THE TAR RIVER, TO BE USED IN THE PRODUCTION OF
MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED SOUTHEAST OF
LOUISBURG, in Franklin County, North Carolina.
This public notice does not imply, on the parts of the Corps
of Engineers or other agencies, either favorable or unfavorable
opinion of the work performed; but it is issued to solicit
comments regarding the factors on which a final decision will be
based. Legal action has been suspended pending the outcome of
this consideration.
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. The
applicant has recently excavated sand within 2 separate,
previously-undisturbed sections of the Tar River, referred to as
the Fleming Pit and the Kemp Pit, without DA permit
authorization. The Kemp Pit is located immediately upstream of
an area from which sand has been excavated for over 15 years,
while the Fleming pit is located at the applicant's westernmost
property boundary. Excavation at the Kemp Pit has impacted 1.03
acre (750' X 60') of river bottom, while the Fleming Pit has
impacted 1.55 acre (1128' X 601). These activities have resulted
in the removal of approximately 6,000 tons (approximately 5,000
cubic yards) of material within the past year.
Plans submitted with the application depict the continued
mining of 1128 linear feet of river at the Kemp Pit, while
reducing the excavation limits from 750 linear feet to 250 linear
feet at the Fleming Pit. The width of the excavation limits will
remain 60 feet. The sand is removed from the river by a dragline
to a depth of 12-15 feet below the river bottom. Excavated
material is then temporarily stockpiled on the adjacent high
ground ridge and later removed by dump trucks to the processing
plant. No excavation within the river is performed between
April 1 and July 31 of any year to prevent the disruption of fish
spawning.
VA
-2-
The worksite consists of a typical piedmont riverine system,
characterized by the river channel confined within adjacent
upland ridges. This high ground eventually grades into isolated
wetland areas farther away from the river. The average depth of
the water where the excavation has occurred and will occur in the
future averages 1 foot or less during the growing season. Sand
bars are located in the area where the material is excavated,
with the river meandering through them in a braided manner.
Excavated material is temporarily stored within a cleared
area (about 75-110 feet wide) along the high ground ridge. The
area between the river and the access road is about 25 feet wide
and has been recently cleared of its vegetation. The vegetation
was cut at the surface, leaving the root mats in place to
stabilize the river bank; however, not enough time has elapsed to
allow for the area to revegetate. The Franklin County Soil
Survey characterizes the soils in this area to be a Riverview and
Buncombe Association and appear to be well drained.
The purpose of the work is to obtain sand for use in the
production of mortar and concrete sand for commercial use. 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.
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.
-3-
The District Engineer, based on available information, has
consulted with the United States Fish and Wildlife Service and
has been informed that the Tar River is designated as critical
habitat for the Tar spinymussel. Consequently, the unauthorized
excavation activities undertaken and proposed could have or may
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
-4-
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
application for Clean Wa
writing delivered to the
Management (NCDEM), Post
Carolina 27611-7687, on
Mr. John Dorney.
to make comments regarding the
ter Act certification should do so in
North Carolina Division of Environmental
Office Box 27687, Raleigh, North
or before March 8, 1996, Attention:
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., March 15, 1996, or
telephone (919) 876-8441, Extension 24.
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RCVKtpi Fattrttory 10, 1994 . Ad*" Proposed AaW rant
MM Q MAC DRAWN FOR
FLEMING SAND PIT ?cC e•?-e `??' , `' t?.,,; ,.,.,,?
( WADE MOORE EQUIPMENT CO. )
LOUISSURG TOWNSHIP, FRANKLIN COUNTY. N C. _
Sc?M "1'r a 240" ORta • 1ar.Varl 1, KtV
AAR SCALE
P Tw 24V lid, Nip' rx 11q'
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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. 199402751
February 15, 1996
PUBLIC NOTICE
WADE MOORE EQUIPMENT COMPANY, Post Office Box 546, Louisburg,
North Carolina 27549 has applied for a Department of the Army
(DA) after-the-fact permit TO AUTHORIZE THE EXCAVATION OF SAND BY
DRAGLINE FROM THE TAR RIVER, TO BE USED IN THE PRODUCTION OF
MORTAR SAND AND CONCRETE SAND, ON PROPERTY LOCATED SOUTHEAST OF
LOUISBURG, in Franklin County, North Carolina.
This public notice does not imply, on the parts of the Corps
of Engineers or other agencies, either favorable or unfavorable
opinion of the work performed; but it is issued to solicit
comments regarding the factors on which a final decision will be
based. Legal action has been suspended pending the outcome of
this consideration.
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. The
applicant has recently excavated sand within 2 separate,
previously-undisturbed sections of the Tar River, referred to as
the Fleming Pit and the Kemp Pit, without DA permit
authorization. The Kemp Pit is located immediately upstream of
an area from which sand has been excavated for over 15 years,
while the Fleming pit is located at the applicant's westernmost
property boundary. Excavation at the Kemp Pit has impacted 1.03
acre (750' X 60') of river bottom, while the Fleming Pit has
impacted 1.55 acre (1128' X 601). These activities have resulted
in the removal of approximately 6,000 tons (approximately 5,000
cubic yards) of material within the past year.
Plans submitted with the application depict the continued
mining of 1128 linear feet of river at the Kemp Pit, while
reducing the excavation limits from 750 linear feet to 250 linear
feet at the Fleming Pit. The width of the excavation limits will
remain 60 feet. The sand is removed from the river by a dragline
to a depth of 12-15 feet below the river bottom. Excavated
material is then temporarily stockpiled on the adjacent high
ground ridge and later removed by dump trucks to the processing
plant. No excavation within the river is performed between
April 1 and July 31 of any year to prevent the disruption of fish
spawning.
-2-
The worksite consists of a typical piedmont riverine system,
characterized by the river channel confined within adjacent
upland ridges. This high ground eventually grades into isolated
wetland areas farther away from the river. The average depth of
the water where the excavation has occurred and will occur in the
future averages 1 foot or less during the growing season. Sand
bars are located in the area where the material is excavated,
with the river meandering through them in a braided manner.
Excavated material is temporarily stored within a cleared
area (about 75-110 feet wide) along the high ground ridge. The
area between the river and the access road is about 25 feet wide
and has been recently cleared of its vegetation. The vegetation
was cut at the surface, leaving the root mats in place to
stabilize the river bank; however, not enough time has elapsed to
allow for the area to revegetate. The Franklin County Soil
Survey characterizes the soils in this area to be a Riverview and
Buncombe Association and appear to be well drained.
The purpose of the work is to obtain sand for use in the
production of mortar and concrete sand for commercial use. 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.
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.
lot
-3-
The District Engineer, based on available information, has
consulted with the United States Fish and Wildlife Service and
has been informed that the Tar River is designated as critical
habitat for the Tar spinymussel. Consequently, the unauthorized
excavation activities undertaken and proposed could have or may
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
-4-
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 March 8, 1996, 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., March 15, 1996, or
telephone (919) 876-8441, Extension 24.
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Rcm9m Fwrawy 10, VW . AN" prPPosod MIA 'set
MRANG MAP' DRAWN FOR
FLEMING SAND PIT +1? e? ?.? `?o? -, t?„4>•;; %
( WADE MOORE EQUIPMENT CO. I
COUISOURCa TOWNSHIP, FRAWUN COUNTY. N C.
Saafa Y' a 240' UAW • Janvar) 1, 119'.
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REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 12, 1996
Regulatory Branch R
FF Fc?VFp
Action ID No. 199402751 1-9
96-1
Mr. John Dorney c.?s
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:
Enclosed is the application of Wade Moore Equipment Company for
an after-the-fact Department of the Army permit and a State Water
Quality Certification to authorize the previously accomplished and
proposed future excavation of sand from the Tar River for use as
mortar and concrete sand, at the Kemp and Fleming Pits located on the
south side of S.R. 1600, east of Louisburg, in Franklin, 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.
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 March 13, 1996, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mrs. Jean B. Manuele,
Raleigh Field Office, telephone (919) 876-8441, Extension 24.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
-2-
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
J North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
JM RALEIGH REGULATORY
APPLICATION FOR DEPARTMENT
0S CFR:2i
amll
FEB 0 2 REN.o.4
PuW141 reporting burden tat this collection of Irdermalton IS estimated to average d hours par response, Inotuding the time for reviewing Instructions,
saw"g aWsting tiara aouroes, gathering end thisintalning the data needed, and complattng and reviewing the collection of information. Send
comments rslwftg this burden iNtlnMS of any other aspett Of thla coiloadon of Infarmati011, Includino suggestions fbr redualno this burden, to
Department of bermes, Waehlntftorr Waselos fters $"as Dlreattfate of UtformatlonOPeratienS and Reports, 1216 Jefferson Davis Highway. 8wlts
1204, Arlington, VA 2220242021 and to the Offlea of Manaeemant and budget, Paperwork Reduction Project (0710.0003), Washington, DC
20003. !Neese DO NO RMRN your form to shier of those w Wreseas, COmptstad applications null be submitted to the District Engineer having
Jurisdiction over the Ieeedlen of the proposed activity.
PRIVACY ACT STATEMENT
Asnhmhy: 33 USC 401, Section 101 1413, Section 404, Principal Purpose: Theca laws require permlta authadaing actlvides In, or affecting,
navigable WOWN Of tlw United States, the discharge of dredged of IM material Into watae of the United lttates, and the transpartadon of dredged
metanal for the puma" of dwvWng It Into ocean waters. Routine, Useas Information provided on this form will be used In evaluating the awcatton
for a permIC Olealmural Otaoioswe of requasted infonnation•Is•valm ary, If information la not provided. however, the porn* application cannot be
proanadd not can a parmit be fuuW,
One set Of original drawings of good reprodueible copies which show the location and character of the proposed satlvlty must be attached to this
application (sae sample drawings and Imstruadons) and be submitted to the District Enginabr having jurisdiction over the location of the proposed
activity. An application that Is not completad Ih full win be returned.
01NS 1 7woluA ra ar: PtLph a10 VWX IRAN"
1. APPLICATION NO,
2. FIELD OFFICE CODE 13. DATE RECEIVED 14, DATE APPLICATION COMPLETED
01.11.1996 13:46
PERMIT
5. APPLICANT'Q NAME
Wade Moore Equi,
0. APPLICANT'S A00AUS
P. 0. Box 546
Louisburg, N. C.
8. AUTHORIZED AGENT'S NAME AND TITLE 1a 4#&v a rear nga6vdl
Company _ Wilbur W. Moore,, President
Q. ACIENT'S ADDRESS
P. 0. Box 546
27549 Louisburg,, N. C.
27549
a. Hasidim '- - a, Residence 919-876-7774
n. aUelnesa 919-496-3794 b. bushms 919-496-3794
P dOll2ATION
Wi.
I hereby authorize, jUlbur We Moore to act In my behalf to my scant In the processing of this application and to
furnish, upon request, supplemental information in support oft this perm t epplicatlon.
NAMILOCATION AND DESCRIPTION OR PR2).ECT CR ACTIVITY
12. PROJECT NAME OR TITLE btl Mwoucuorul
Y°Dippincy
13. NAME OF WATERSOOY, IF KNOWN &w/Yam
Tar River
I a. LOCATION OF PROJECT
Franklin N.C.
COUNT7 STATE
14. PROJECT STREET AbORESS 044" &1
SR 1600, Franklin County
10, OTHER LOCATION DESCRIPTIONS..IF KNOWN, 1wMrhucs ,W
17. DIRECTIONS TO THE SITE NC 56 east of Louisburg, approximately .3 mile turn right on SR 1600.
Entrance to Fleming Pit approximately 1.5 miles on right.
ROM RALEIGH REGULATORY 01.11.1996 13147 P.05
1 B. Nature of Ad • • .
vltji:IOaetrleaw el '
orObOarAsk?de'arfl?ared' rr
Dippinc;•3and out of TAR RIVER with dra line.
60
feet wide, to a depth of 12-15 feet deep belowErivertbottom. will be
be stockpiled
along bank of river in an area 250 feet long by 75 feet wide.
e s'.
181 Prole
.? f W;Moe ?a? alrM?f?f Yl? j inWlq?N?uI rYM1 I?
Sand dipped from river will be trucked fro, lant site" for
P. processing into concrete sand.
•'•... ., •? ... ?le!K Al ARYa1 9/?ywn1.?wwswwwwu. ....-..??-?..t__ _--- _-
20. Ii IOWA for 0 '
N/A
21. Tvpcal of Malarial going Dieehugsd end tha Amount of gaich-Typj'N&CubI6 yirds
N/A
• r,
22. Surface Area in Aorss of WatlandI or COW Welers Flllid Aji ki rI
N/A
23. Is Any Pordan of that Work Already Complete! Yet:.; DE8CR19FTHE COMP D WORK
Sand has been dipped periodically from.,,the 'area .tioted in. Block 18 and approximately 500
feet beyond that point from December 201 1994 through December 22, 1995. The area we
request E
xp be permitted is noted.on map and•.no`further•dipping shall be done beyond that point.
24. A dttuu of AdjofnJnq.Prvpeety OWIUra, Lomeli Ete
pIaaiq 61 WtioeefpropOrty Adjolnt
Moh-a aupplamgmai tlso the Witetbady pf mon stun ceA be antarad harm,
Ransom Stone.Lillian Brodie Raeford Southerland Eleanor K. Baker
Route 8 Route 61 Box 425 Route 8
? Route 1,1 Box 196-B
Louisburg, N.C. 27549 Louisburg,, N.C. 27549 Louisburg,, N.C. 27549 Youngsville,? N.C. 27596
Larry 8outherland Carol Southerland H.C. Kemp Daniels & Daniels FArms
T.nn, aRouteh„ 81 Box X6. 4annRoute 8,I Box 7619 Route 7, Box 592 0- t
r•l.. w, .
2b. uat of Other cartlnordOAe of ApprovaWOeNals Raaelved lroen'othat'Rid
AGENCY 1YPS APPROVAI.a mWIFICATIC'N NUMSEA
NCDEHNR Mining Permit #35-01
Expires 5-28-03
'Would Include but Is not rsatrlated to ronlnpj bulldlnp and flood
28. AppUaatlon !e hamby mado for s P+Rnlt or Palinlu to WwO f
da? oatlon Is eof"I;I4U. W seourete. I further uirt2ty'ftIo
Parmttt
u a 8r Box 509
Louisburlg, N.C. 27549 Loui sbj, I , NIC. ?2 49
!i Sate Of LOCH Apa oleo for Work Daudbod In This AppQatiom
DATE APPLIED DATE APPROVED DATE t7ENIF
1-31-73
1-14-83 Renewed
4-2-93 5-28-93 Renewed
9-6-94 10-28-94 Modified (Dipping Area)
6-19-95 7-31-95 Modified (Dipping Area)
$30"TURA OF APPU r OKTE
Tha appgc tlon emit ba d
auttlorked gown if the uuan?ant In blo?1 has ba s
?l,:PUf rri
611 dMeadbod In 'No, Wgdatlam I Gwdty that the lnformatlon In thte
the, wtho7ity to undertake ttu work iieaot9bod hash" - em ectinQ as the
• 1?WYlt I5 OR Av
ia?tt: proaaed aodvtty laPPb or 1i may be tlpned by a duty
'rf_ _
18 U.S.C. S.atlon 1001 pmvldaa tMu Whoav?rr.lrf wlrh!"
>r^o,"ins11? and'"dp+?+ux.teteMeb oonasalei. or «?Yr ? r)urlsdWilon ot,Any dopa? pt or soeeey of V4 Untted Statas wnsanta it
fraudulent strtonl"?•ar n •A)P(!•uP +nY k? Mma.,PrwdlapWs e; ,m! ,.?Rat.artnakas atrij?falslaiarl
frsud':O r atatsme? pr y a I 44 Wei ulY?faW'y 1tJt ;dtrlocximent kttpyvNQ.:am? to ?ontaicl filly istt+er fto= a or
not mara ttlatl`4!! O/OOQ or impc4phe>3 slot morn than (IYt years or both.
;SEC - ,, c,1J
J11 RALEIGH REGULATORY
01.11.1996 13:46
r L yl F.04
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
(1$ 42FR 326)
CM6 APPROVAL No. 0710-003
Publla reporting burden for this Collection of Informatian is eatlmated to average 6 hours per response, inctuding the time for reviewing lrnstructions,
starching exbdng data sauroes, gathering end Maintaining the data needed, and completing and reviewing the collection of informaton, Send
comments reaardino this burden eetlrnate of any other aspect of this caeation of information, Including suagastlons fir reducing this burden, to
Dsportmant of bsfenes. Washingtmr Neadquartem $"as Dlrgetgfate of InformatlonOperstlons and Reports, 1219 Jefferson Oavis Highway. 8ulte
1304, Arlington, VA 22202.4302; and to the Offles of Management end budget, Paperwc& Reduatlan Project 10710.00031, Washinirton, DC
20003. Please 00 NO R17URN your form to tither of thass addresaea. Completed appitcatlons must be submitted to the Dletdat Engineer having
lurdsdatlon over the losetion of the proposed activity.
PRIVACY ACT STATEMENT
Autha*y: 33 USC 401, Section 10; 1413, Section 404. Pdnolpal Purpose: These laws require permits authorizing activhiay in, or affecting,
navigable watsrs of the UNtsd States. the discharge of dredged or 1111 material Into watwe of the United States, and the transpmtstion of dredged
matanal for the purpose, of dumping It Into ocean waters. Routlnt Useer Information provided on this form will be used in evaluating the applleetion
for a permN.' Dltolawn. Olseiosurs of requaded Information Is vola ttary. If information is not provided, however, the pomn application cannot be
procasaad nor can a permit be Issued,
One set of ariginal drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
sppdattlon lase eampW drawings and Instruadons) and be, ud mftsd to the Dlstdat Engineer having }udediction over the location of the proposed
activity. An application that It not acrttpletad Ih lull will be returned.
1. APPLICATION NO.
S. APPLICANT'S NAME
Wade Moore Equipment Company
e. APPLICANT'S ADDAISS
P. 0. Box 546
Louisburg,I N. C.
919-496-3794
919-876-7774
919-496-3794
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12, PROJECT NAME OR TITLE bu iranational
Kemp'Sand Dipbing
13. NAME Of WATER200Y, IF KNOWN ,rra phioW
Tar River
111. LOCATION OF PROJECT
Franklin N.C.
COUNTY GTATE
I a. OTHER LOCATION DESCRIPTIONS', 4 KNOWN, twkuhw*,w
DATE APPLICATION COMPLETED
8, AUTHORIZED AGENT'S NAME AND TITL9 lrrr?N„r6„urpnbaAl
Wilbur W. Moore, President
g. ACIENT'S AODFtGSS
-P. 0. Box 546
Louisburg, N.
14. PROJECT STREET A00Fg6S3 1#4* a aw
SR 1600, Franklin County
17. DIRECTIONS TO THE S17E
NC 56 east of Louisburg, approximately .3 mile turn right on SR 1600. Entrance for Fleming
Pit approximately 1.5 miles on right. Kemp Sand Dipping on back side of Fleming Sand Pit.
All
2UTI NIENT ae AUTHOJ12AXON
I hereby authorize, Wilbur ;:,Moore to act In my behalf as my agent In the processing of this application and to
furnlsh, upon request, supplemental ormat on n support o t pormlt sppiiestion.
FPOM RALEIGH REGULATORY 01.11.1996 13147 P.05
18. Nature of Actlvlty ?Oars?eaoa?ot,y,?r,ea.ri„w?.,,?
Dipping'sahd out of TAR RIVER with dragline. Excavated area will be 1@00 feet long by 60
feet wide, to a depth of 12-15 feet below river bottom. Sand will be stockpiled along bank
of river in an area 1000 feet long by.75 feet wide.
18. hroJeotf'urpasefOra,lb.,Mne?oee?p1r?...afslepi?.7?buo'wnrl
Sand dipped from river will be trucked to plant site for processing into concrete sand.
•
20. Reason(s) for Discharge
N/A
21. TYPO(l) of Msttfial 86149 Ditohugsd end the Amount of Saoh Type In Cubic Yards
N/A
22. Surface Agee in Aont of Wetlands or Gtlur Waters Filed W ka zz
N/A
23. Is Any Portion of 1114 Worst Already Complet I Yes. Nor' IPA YBS. "CAll THE COMPl61'ED WO tK
..?.?. :?•
September 12,, 19945through November 17,, 1990 approximately 600 tons o sand have been
dipped from river and hauled to processing plant.
24. Address" of Adjolnlnq Proputy ownm, Leeteat, Etc., Whon Propirty Adjolna ft Watwbody Of mars stun can br entarad hen,
pisaa4 ttttch-a aupplafflonzi list).
Ransom Stone Lillian Brodie Raeford Southerland Eleanor K. Baker
Route 8 Route 61 Box 425 Route 8 Route 1, Box 196-B
Louisburg.., N.C. 27549 Louisburg,, N. C. 27549 Louisburg,, N.C. 27549 Youngsville,, N.C. 2759
Larry'Southerland Carol Southerland H.C. Kemp Daniels & DAiels Farms
Route 8, Box 7619-A Route 8,, Box. 7619 Route 7,, Box '592 Route 8,, Box 509
--,0u"hii? ura.i .C 27549 Louisburg,, N.C. 27549 Louisburg, N.C 27549
2b. Wet of Other daMf o Sion of ApprovaWDeeWs Received from other Fed2f41, State of Loeal Aasnolee for Work Descrlbad In This Appliaat??
AGENCY TYPE APPROVAL• IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DA DENIED
NCDEHNR Sand Dipping Permit #35-04 8-29-94 10-27-94 Renewect
8-3-95 9-15-95 Modified
Corps of Sand Dipping ID#199402751 6-10-94 2-9-95
Engineers Permit #199404319•
'Would Include but is not msulated to zoning, bufldiae and flood platrt Permits
18. AppUattion Is hereby made (W a pannft or WMItt to 4kthotlze the work'drsaibed In sari appllaatla . I oerdfy that the information in thle
wwan Is eeraptets a? eaurate. I further Unify that 1 poseNee the euthofity to and aka tho work daaodbed henln or sm acting se site
021 9 2 .
waNATUfta OF APPLICANT oa TVA?YUR1,010 2A?0'
DA
The application moat be alpned by the person wflo d`dres to and thk pcomid ,totM (applt It may be tinned by a poly
authorized scam I the atatament in Wok t t has been filled aut'tnd signed. .
118 U.S.C. Section t= provides than Whoawr, in any manner wlt11}Q,thrJurlsdlatitn of &W daperonent•or agency of"Unttad ernes
Maly and witfiW[y fete)flee, e0neMII, er aaVan up arty trlak? i6t+imrr ;ot Cl*M ras a material foot or makes Wfalar, ffatftx or
lrwdulent Kattntittta er tatxsaentatbtte ar makes of tlafait any;filsi;tii rittrl4 esrdooumaM laivwfnQ nn* to contain s» y fw4k fioooyt or
fnu*"M stRIAMMA or entry. WW be fbnad W macs tMa 410,000 or Impri4grle4 Clot mon? theft fins yssa at boar.
WADE MOORE EQUIPMENT COMPANY, INC.
P.O. Box 546
Louisburg, North Carolina 27549
(919) 496-3794 Fax (919) 496-7898
LAND ENTRY AGREEMENT
I hereby grant permission to the Corps of Engineers and any other
government agency authorized to grant mining permits to enter and travel
on my property which is leased by Wade Moore Equipment Company for the
purpose of field inspections and investigations as required by the
mining permit.
Mine Name: Fleming Sand Dipping
Land Owner/Lessor:
Signature: c
y
Print Name: e, , .? l c
Date:
lJA ; I SA fL ) AT
.
County: Franklin
Mine Operator: -IRMO
Signature: ?a(
Print Name: J-a ? d1f1
Title: ?e ??p_SLIa - P SJ1
Company: Wade Moore Equipment Company
Date : `\0.
?- 01 gi o
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area uJ?exe. Sam ?5
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C\.a.S S -r l?f?F ?i aTe_ 1 _ ? 4.41
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REVISE , May 23. lO9L Added ....-tion limits. ad oal
REVIS D, February 10. 1994 - Added proposed haul r
MINING MAP DRAWN FOR
FLEMING SAND PIT ? ?F-Me S? N? ?? !? P t N(
( WADE MOORE EQUIPMENT CO.)
FRANKLIN COUNTY, N. C.
LOUISBURG TOWNSHIP,
' Date: January 1, 1992
Scale: 1" 240
BAR SCALE 770 960
0• 120 2L0' 350' "a. -
House
e. S.
6. le I
6roy.1 ShoWe.r Ditcn
hoWder I ?
4?a
Ill' Per F1. r'Per rl 31
I- Per Ft .... ... .... .... .
ACCESS ROAD TYPICAL SECTION
,;?o
Grace P. Allen
11p
Sediment
Pond
EPA
.nt Pond•
- Creek
7a cp.•. guHalo
b ?4
S?E-ET ot-?
I r.tmard and aoes NOT represent a land survey at thls lime.
ntirelyly from FEMA maps.
rnte I plotted enOrely from aerlol photograph.