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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 - R- 6 M M A o?GU} 10'1, ( ro ?lCl `I ' /' V`? 5 (' ?A ?v,?) b?- G CA iA 01 r/irl i Ll Ed d? 1I LS ?J5I ?? ? IL ? m r-5 od Io(-C?/1- -0 ?' ( j1??1 vNf ?Jcc? ?nA 0(j,I l 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. . cr- w' (T7 C nL LAIO Cr Y r lam` /. (v? ?1 Q r `r' Cr C5- CO U1 cl- 4i p : ?7 a Lr) 4 ti ,? v- a n f ? ? r --r ll: _3 ? f X ^f I i v L i 61 r a ? I^ r L ?-? Or QVI cfl C)- :?\ a ;{ _a 10 ?;u?ue?g '6aa-??b'Sn ?EZ?? ?C9 6l6 Sb:VL ; 96-E1-7, : 4^v;a2s7c a045ut.ISM:AG n08 5A-o c k ?Ats s 7oc p) L-xC-f\\j F?1 F f) aR s? Y\. k K x k AJ c ;u?ueag 6eH-3ovsn ?E?ES 9LB 6l^ f v 9q:til : 96-E1-?, ??tuas J0250-ITM:A2 A08 pp v I 1%tW,(\ r 1Y aTh ?Dr ,t I 7 Ck - 1 ^~ •? - , c.`r, ? 12.5?; ,l ? ?? Cyr '?tvcS \r. ? `!J 1 ??., S?'c t-2?f`n?t ls. ; ?•\?hQC?VGv?q? . U p,???es I c? ? u i _. ?, ,. .. ? nn. one r In?illt'ITkla A??l Cd QD. Y\c •?Q T ?? V44? C' 1.•1!on lMlrt. d A. SoV04 U,- .vC•} :1?r.y11 r / ? ? jr pv 1 I e Un-1^sc?of.f ' !end 1 1 ? `'' r .k r.i ????, ? ?? ? S•?Mf P. yy ^I SE?¦-.../•\ it l? J 1"7 'I low ?\? s? ,t fol. Scut" Pony o/r "Ited hon r.dgtg an f+U: Er Flora twt,t ai.tt•d • t-iy YM vp;Fy. Loma on of .+nv.-• is plorl•d PNaia VI 'fght C\ mow.o rwu.w a.,.. SM,IM P'C, i v,r FI V(- rN , f s ACCE;S ROAD 'YMA. G qt• A ' ?? Grace P. Aden J fv .ve;T r.prfff•., a nano survwl ut IM tVna w +ci.. rw 'rx, e..,a pMtogr ophf. cl .I a.na ff O boo \ .? Ile 9utfe10 Creek -•• Mr. LRirer erelN " n, O? a J QFYl May 27, ,gas - Aed+d .reevet;en litr., =x.c A v5 P FMrryary 10. ?"4 . Ado" proOOSW nm -sa 401 'to S. OA 39 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. I ?« i. N r c? U y -Q to ?'??• o l r 6 r0 -cr ?G Cs C ? {? l i d I° °-t -;1 Z st:uueje 'Be8-3ovSn -EZ99 969 6L6 cr-- 1f' ? ? •r c J 7n . Qb, ? ? O - W r p U S. lc e DOI 1-2 2 r c? cr° 00 £ f ? ? cJ - ?x 40 r -41 U1 r rn? ?e ?? ? S• ,? J. ,: Lo F > VI kn 0. Or i 94.41 96-E1-% ??1??5°( U0450 .,I W G A08 -S-Toc pt AR s? XC?v ft ? 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AOsn r 10 • boo O'PO^ L L01101 6n60 NN NOT raP,afant a 1dmf strrvtly at tt" tYAa IA m p k rdy from a•r,s1 pnatagraphs. k Z"Iff - "" 13, 1904L - Aod*d -eaoetim bMr, vdd K 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' a ??u?u?;p 6au-a^?+en ?cZac goo Flg ? !ti;bl og_cl-c"", a.?t,?.s'C' J0?'?JT;Ith11,A? ^?N rr I' 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. i i? r r a, d `Q6- ? mrdJ? 1r "It 41 z #!PDUIJG 'Bea-;OVSn -Ugg 9L8 6l6 cr 2 Q- ? ? o U ' ` I} ex, O ; 2 x p ? s o ? ? Q o-- 4y 00 r) cz f U,? U Q, Q, y ri -in ar i) T a d cJ (? ?z G1? ,•l 9ti,til ss-EL-7, ??tu?s°c u WUT iwAg AO8 1 Ste, C 4,kts p O:uoua. SToc ?I Aa X. x ?9 saa-3?dsn «-EasS sLS sus .r- v?.r ac?c c q'L b? lu r ?.xt ar.a '??.? , San•c? u 3? z 1`S? c'Ur c: w\nvr t Sa,M,& 5 Gil , w % s?v «n` in lz 9 :41 96-EL-% ??t?as"C u045uzaITM:A9 A08 I f+ ??-ucF-r ???5 's-Tv Access a 00 X , 'u^ueaa •5a?; X K X X n &.c7ac c!,A Et6 ?:aCer 1e? ? ;s Cl Q I?, uf\ p 9b:bl 9 -c l-c", a:?t?l25°( U013Ut-l TM:A9 X08 1nltO.e tMoese- tc u"? ?Qn? Qc' J ``CS) a?Q` ??v •e? Ransom Stona, at ala ?a ,4ration llsnt. vd P. Soush?Hand Elaanor K. Bahaf PNIlip 111 Hight Un - n•pt, ? ? -1,r,t :IiN, t 79 +L?,,aa a BOA "-+ ? ? _ 10 S-a Ltoakoba L, I+ in 'I iyl ai Un-F'va?sc l Send S.a.nmr ? i sbHpA?• ' ?r H. C. Kamp . ...i ••h • ?I I 1/ i?? ',llli rren!t.r,...cr ~--• ,• ?I... n.p 6a . Canl?., Ma.. h Esaavatten Lima r Parwla & Dutida Forma, Inc.. vola, $Qythodand CJ??U C V!LMPJQ -e7,g9 ?LS BL5 '?'?' "tea ;!r';, M•.n W f Owned iron rewo !T, X, F11rn 'hnta ol.tt-I pntv.ly IF, NM& LoCnl on of orwo amants plo11 t; _I .' nn.aw b N ISMt/aw P?cn tx ACCV4 ROAD rvptcA':..HZl2! -.-.-..._.._ Svat Grace P. Men , till t h am 7? 0 \?F \\af? o? a ws NOT raprsAMt A tend iwvry at teas t6%. NA -pk ersty I- -W photoWapAS. A nw,F? \\U\ \ L? , A a ? May 23, ipi/ - Added ..eeveV6A t)Ahy uee.s 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'. •AR SCA" Cr *W 340 too, AW rm t", ? ±'?u?ue?F 6au_3^?S^ ?cZgG ?LQ Fl6 L9:bl 9E-??-?, a.?t?Ias:r 'JO??'ac, ?tm:,l9 AOH 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 A S 0? Q o o d Fo i ? ?. (n s III s (P 9, % -,Cl on A-? w w v? 9-57 CY -T d S Co _a x c - ro- J -j r^ -0 CA :15 z cr p s? (I z -? w 3 Z r-? C n r a TJ i s? ?1Zp??es X X Szoc P RR XX X, 7s ? j Gveracie Aq?? bF w- ,er 1 10?? a"A less . Sa,,. l? a r s 'Nr we ca. vJhe r c. 5am& 15 W 1T sA-rcayx?-- \(- N r\\c) r-)u8- - ? n n n? rV\ X STU x ?q a`? x I? I? -v3 L - I i ?vo er a.qe. A e l % 4 W ae.r ` ?,+ - arn? less . San, 1 a-,,-.s \n area uJ?exe. Sam ?5 D V..? 0 0 ??,mQ C\.a.S S -r l?f?F ?i aTe_ 1 _ ? 4.41 Un•rrac•ssed Sond Stoc4oAe \ \b `1. i 7L? I PO^as ri Mra Lillian Brodie a a 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.