DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.
PUBLIC NOTICE
Issue Date: October 6, 2015
Comment Deadline: November 5, 2015
Corps Action ID Number: SAW-2015-02083
The Wilmington District, Corps of Engineers (Corps) received an application from
Vulcan Materials Company-Rockingham Quarry seeking Department of the Army authorization to
discharge dredged or fill material into waters of the U.S., associated with the expansion of an
existing mining operation in Richmond County, North Carolina.
Specific plans and location information are described below and shown on the attached plans. This
Public Notice and all attached plans are also available on the Wilmington District Web Site at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant:
Vulcan Lands, Inc.
Attn: Mr. Tony Johnson, Jr.
Mr. Richard W. Roper
1200 Urban Center Drive
Birmingham, Alabama 35242
AGENT (if applicable):
A Fine Line Design
Attn: Mr. Craig R. Wyant
Post Office Box 163
High Shoals, North Carolina 28077
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the
proposed work pursuant to applicable procedures of the following Statutory Authorities:
X - Section 404 of the Clean Water Act (33 U.S.C. 1344)
- Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
- Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)
Location
Directions to Site: The project site is located at the existing Vulcan Materials Quarry and is
southwest of the City of Rockingham, in the northeast corner of U.S. 74 Bypass and SR 117
(Galestown Road). From US 14 Bypass south of Rockingham, take the Cordova exit (Highway 1117/1109)
and turn left. Cross over the bridge and take the first right into the Vulcan Materials Company
Rockingham Quarry.
Project Area (acres): ~1,500 acres Nearest Town: Rockingham Nearest
Waterway: Hitchcock Creek River Basin: Yadkin-Pee Dee Latitude and
Longitude: 34.9368 N, -78.8162 W
Existing Site Conditions
The proposed project site is situated on approximately 1,500 acres, to the north of US Highway 74
to east, southeast of the Galestown Road, located to the southwest of Rockingham, in Richmond
County, North Carolina.
Existing land use in the project corridor consists primarily of rural residential, forested, and
agricultural lands. The entire site is an ongoing hard rock quarry operation. Portions of the
operation include quarry pit, crushed stone processing areas, stockpile, overburden storage areas,
fresh water ponds for dust control and processing, roads, parking buildings, railway spur, forested
areas used for timber harvest, and natural areas that serve as buffers to surrounding land.
This project lies within Richmond County, which is situated on the physiographic boundary of the
Coastal Plain and the Piedmont, in the Pee Dee River Basin (Hydrologic Unit Code 03040201).
Terrestrial upland communities in the project study area are represented by four major community
types: maintained/disturbed, mesic mixed hardwood forest, dry mesic oak-hickory forest, and pine
plantation. The delineated wetland community types located within the project study area include:
headwater forests, wet seeps, and bottomland hardwood forests.
Stream channels within the project study area are classified by the NC Division of Water Resources
(DWR) as Class C waters. Jurisdictional features within the Vulcan Mine Rockingham Quarry project
study area that will be impacted include two unnamed tributaries (UT’s) to Hitchcock Creek, one
pond, and two riparian wetlands.
There are no designated Outstanding Resource Waters (ORW), Water Supply (I or II) waters, or waters
listed on the 2012 303(d) Final List of Impaired Waters within the project study area.
Applicant’s Stated Purpose
This project is necessary to expand the quarry pit and associated improvements for ongoing and
continued operation. In order to extract the underlying hard rock, an amount of overburden material
must be removed and stockpiled to a designated area on site. To accomplish this on-site, an
existing undersized crossing will be replaced with a new crossing designed to allow the safe
passing of vehicles hauling the overburden. The storage area for overburden is at its maximum
capacity and must be increased in size to accommodate the new overburden being generated by the pit
expansion.
Project Description
The proposed quarry expansion consists of pit expansion, internal haul road improvement (i.e.,
replacing an outdated and undersized crossing with a new crossing in the same approximate
location), and expanding the existing overburden storage area to accommodate new overburden
generated by the pit expansion. Proposed impacts to jurisdictional waters of the U.S. include 2,557
linear feet of stream channel, 0.88 acre of wetland (2,422 linear feet of stream and 0.85 acre
wetland for the overburden expansion area, and 135 linear feet of stream channel and 0.03 acre
wetland impacted for roadway expansion which leads to the overburden storage area), and 0.71 acre
of open water associated with expanding the haul road and replacing the existing crossing with twin
200-foot by 84-inch diameter culverts.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: The applicant proposes to avoid and minimize impacts to the
greatest extent practicable in Phase One by replacing an existing road crossing on the upstream
side so that open waters of an incidental man-made pond will be impacted rather than on the
downstream side which would impact the forested wetland portion of a beaver pond. The best
available and practicable methods will be utilized for erosion and sedimentation control for pit
expansion, road crossing construction, and overburden storage area expansion to protect downstream
aquatic resources. Impacts to streams and wetlands will be avoided with the exception of those
specifically authorized. Future proposed phases will be designed to avoid and minimize impacts to
the maximum extent practicable.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable functional
loss to the aquatic environment: The applicant proposes to provide compensatory mitigation for
unavoidable permanent impacts to 2, 557 linear feet of stream channel and 0.88 acre riparian
wetland at a 2:1 ratio and 0.71 acre of non-riparian wetland at a 1:1 ratio through payment into the North Carolina Division of Mitigation Services
(DMS) in lieu fee program.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public Notice
initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial
determination is that the proposed project would not effect EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries
Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR
Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer
consulted district files and records and the latest published version of the National Register of
Historic Places and initially determines that:
- Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps’ permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an historic
properties.
- No historic properties, nor properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps
subsequently requests concurrence from the SHPO (or THPO).
- Properties ineligible for inclusion in the National Register are present within the Corps’ permit
area; there will be no historic properties affected by the proposed work. The Corps subsequently
requests concurrence from the SHPO (or THPO).
- Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; however, the undertaking will have no adverse effect on these
historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO).
- Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these
historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO).
X - The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally surveyed
for the presence of cultural resources. No sites eligible for inclusion in
the National Register of Historic Places are known to be present in the vicinity of the proposed
work. Additional work may be necessary to identify and assess any historic or prehistoric
resources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the
proposed undertaking’s potential direct and indirect effects on historic properties within the
Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all
information provided by the applicant and consulted the latest North Carolina Natural Heritage
Database. Based on available information:
X - The Corps determines that the proposed project would not affect federally listed endangered or
threatened species or their formally designated critical habitat.
- The Corps determines that the proposed project may affect federally listed endangered or threatened
species or their formally designated critical habitat. The Corps initiates consultation under
Section 7 of the ESA and will not make a permit decision until the consultation process is
complete.
- The Corps is not aware of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within
the project area. The Corps will make a final determination on the effects of the proposed project
upon additional review of the project and completion of any necessary biological assessment and/or
consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a final
permit decision until the NC DWR issues, denies, or waives the state Certification as required by
Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public
notice, combined with the appropriate application fee, at the NCDWR Central Office in Raleigh
constitutes initial receipt of an application for a 401 Certification. A waiver will be deemed to
occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a
complete application. Additional information regarding the 401 Certification may be reviewed at the NCDWR Central Office, 401 and
Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons
desiring to make comments regarding the application for a 401 Certification should do so, in
writing, by October 30, 2015 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617 Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
- The application did not include a certification that the proposed work complies with and would be
conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management
Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit
for the proposed work until the applicant submits such a certification to the Corps and the NCDCM,
and the NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As
the application did not include the consistency certification, the Corps will request, upon
receipt, concurrence or objection from the NCDCM.
X - Based upon all available information, the Corps determines that this application for a Department
of Army (DA) permit does not involve an activity which would affect the coastal zone, which is
defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects thereof;
among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance
with Executive Order 11988), land use, navigation, shoreline 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 discharge of dredged or fill materials in waters of the United
States, the evaluation of the impact of the activity on the public interest will include application of the
Environmental Protection Agency’s 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic properties, water quality,
general environmental effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement
(EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine
the need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there
is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed
work, as outlined above, until 5pm, November 5, 2015. Comments should be submitted to Ms. Liz Hair,
Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina 28403, phone number: (910) 251-4049.
DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.