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HomeMy WebLinkAboutAgenda - 10-14-1993 - D 1 ORANGE COUNTY 06 ,5 BOARD OF COMMISSIONERS Public Hearing Abstract - .- _ Meeting Date: October 14. 1993 Action Agenda Item # SUBJECT: AMERICAN STONE QUARRY - ENVIRONMENTAL IMPACT STATEMENT DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S): INFORMATION CONTACT: Mary Willis Environmental Impact Statement Extension 2583 (separate enclosure) Comments from NC Wildlife Resources TELEPHONE NUMBERS: Commission Hillsborough-732-8181 Comments from NCDOT Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive public comment on an Environmental Impact Statement for a proposed expansion of American Stone Quarry, and to present comments received through public review as required by Section 3.2 of the Orange County Environmental Impact Ordinance. BACKGROUND: The Orange County Environmental Impact Ordinance requires submittal of an Environmental Impact Statement (EIS) for mining activity, including the expansion of an existing mining operation. The EIS is required when the Special Use Permit application is submitted, and would typically be presented to the Board of Commissioners at the public hearing at which the Special Use Permit is presented. American Stone Quarry proposes to modify and expand its existing operation on NC Highway 54 and Bethel-Hickory Grove Church Road. The proposed expansion involves: (1) Re-alignment of Bethel-Hickory Grove Church Road to the east of the existing quarry; (2) relocation of the existing asphalt plant to the east of the re-alignment of Bethel-Hickory Grove Church Road; (3) re- alignment of a waterway on the northwest border of the quarry site; and (4) the eastward expansion of mining activities. 00C The property is located in the Rural Buffer zoning district and University Lake Watershed. The existing quarry is designated as Extractive Use in the JPA Land Use Plan. Expansion of the Extractive Use designation to include the area proposed for the quarry expansion requires approval of an amendment to the JPA Land Use Plan. Amendments to the JPA Land Use Plan require approval of Carrboro, Chapel Hill and Orange County, as specified in the Joint Planning Agreement. If the JPA Land Use Plan Amendment is approved, then corresponding changes in Orange County Comprehensive Plan (Land Use Element) can be approved, and the applicant can submit an application for approval of a Special Use Permit. The Special Use Permit requires only the approval of the Orange County Board of Commissioners. An amendment to the Joint Planning Area Land Use Plan was presented at a JPA public hearing on October 10, 1991. Concern with potential environmental impact was raised during the public hearing process. The applicants chose to prepare and submit the EIS prior to submittal of the Special Use Permit so that more information would be available at the time of the decision on the Land Use Plan amendment. The public hearing on the EIS is being presented at this joint public hearing as a courtesy to Chapel Hill and Carrboro. Continuation of the joint public hearing for the Land Use Plan amendment proposed American Stone Quarry will be scheduled at a later date. The Environmental Impact Statement was distributed for comments through the North Carolina Clearinghouse. Comments were received from the NC Department of Transportation and the NC Wildlife Resources Commission (attached). - NCDOT requested that the right-of-way for the proposed relocation of Bethel-Hickory Grove Church Road be reserved. (The road would be constructed and right-of-way dedicated as a condition of approval if a Special Use Permit is approved.) - The North Carolina Wildlife Resources Commission (NCWRC) stated that the EIS "is generally well-written and provides much of the information needed for our review of fish and wildlife habitat impacts." However, the items summarized below were identified as needing clarification or revision: 1. The EIS describes a literature review of known populations of protected species, but no field investigation is mentioned. Page S-3 states that "no listed species will be affected by the Expansion 06i' Alternative." Although impacts may be unlikely, an absolute statement regarding the impacts appears unwarranted in the absence of a field investigation. - = 2. A detailed description of project needs and proposed modification in the vicinity of wetlands along Phil's Creek at Bethel-Hickory Grove Church Road should be provided. It is not clear whether or not the 50' vegetated buffer along Phil's Creek will include the wetlands. However, any impacts on wetlands resulting from the expansion would.be within the scope of Nationwide Permits 14 and 26. (Nationwide Permit 14 provides for streamlined review for road crossings of less than 200' affecting less than 1/3 acres of wetlands. Nationwide Permit 26 provides for review of fill or disturbance in isolated headwater wetlands. No approval is needed for disturbance of less than 1/3 acre. State approval is needed for disturbance of between 1/3 and 1 acre. Approval of the Army Corps of Engineers is needed for disturbance of more than 1 acre.) Current Orange County standards require a stream buffer of at least 50' and possibly more, depending on slope and groundcover. Additional requirements could be included as conditions of Special Use Permit approval. The Planning Staff will recommend at that time that the buffer be measured from the edge of the wetland rather than the edge of the stream. 3. The conclusion on page 4-12 that "...edge ecotone... will provide a much richer diversity of flora and fauna" is overstated. 4. The vicinity of the northern terminus of the proposed realignment of Bethel-Hickory Grove Church Road supports a mature oak forest habitat which should be avoided to the extent possible. The comments from NCWRC also make reference to a Final EIS. Orange County does not require a Final EIS. However, comments and recommendations received during the review process may be used as the basis for attaching specific conditions to the Special Use Permit. The State does not require an EIS for a quarry operation. A locally-advertised public review period for citizens to study the O6 EIS document was held from June 30, 1993 to July 22, 1993. No comments were received. RECOMMENDATION: Receive as information. No decision is required. However, all comments received will be presented at the public hearing for the Special Use Permit (if the JPA Land Use Plan Amendment is approved). Comments and recommendations received as well as the EIS itself may be used as the basis for attaching specific conditions to the Special Use Permit. , ( , I'' . _ :7,1%.,$ 3. r '"-'!,,—may,,..,. „..., ,,, • , , ..• ,-fas,,..,. '1 ` g North Carolina Wildlife Resources Commission g 512 N. Salisbury Street,Raleigh, North Carolina 27604-1188, 919-733 fp', 10 Charles R.Fullwood, Executive Director ii MEMORANDUM 1-+ 1 \.\1 /1 itill TO: Melba McGee, Planning and Assessment ,,� iY Dept . of Environment , Health, & Natural Re :�_ _ _ , FROM: David Yow, Habitat Biologist 2}- Habitat Conservation Program DATE : June 16 , 1993 SUBJECT: Draft Environmental Impact Statement (DEIS) for Proposed Expansion of the Martin Marietta Aggregates ' Quarry in the Bingham Township of Orange County, North Carolina, Project No. 93-0929 . The N. C. Wildlife Resources Commission (NCWRC) has completed a review of the proposed project and possible impacts on existing wildlife and fishery resources in the area. A site inspection was conducted on June 16, 1993 . Our comments are provided in accordance with provisions of the North Carolina Environmental Policy Act (G.S. 113A-1 et seq. , as amended; 1 NCAC 25) , and the Fish and Wildlife Coordination Act (48 Stat . 401, as amended; 16 U. S . C. 661-667d) . Martin Marietta Aggregates proposes to expand existing quarry operations onto an adjacent tract of land, involving relocation of a public road and an asphalt plant . Approximately 0 .25 acres of wetlands will be affected by the project . The majority of the upland habitat in the project area has been previously disturbed by past mining activities, and forest habitat quality is relatively low. Invasion by kudzu has resulted in tree mortality and elimination of understory in many areas . Red oaks and white oaks on a ridge along the northern perimeter of the project area probably represent the highest wildlife value among the forested upland areas . Phil ' s Creek presently supports a diverse wetland community in the vicinity of the existing SR 1104 crossing. In addition to wildlife and fish habitat values, this wetland performs flood Memo 0 7 `l Page 2 June 16 , 1993 control and filtration functions on surface water draining from the quarry into Stone Quarry Reservoir and University Lake . The vegetated corridor along Phil ' s Creek provides a habitat connection for wildlife movements among otherwise isolated tracts of undisturbed land. The environmental document is generally well written and provides much of the information needed for our review of fish and wildlife habitat impacts . However, several specific points need clarification or revision. The NCWRC offers the following comments on the DEIS : 1) While the DEIS describes a literature review of known populations of protected species in Orange County, no field investigation is mentioned. The summary section (page S-3) states that " . . .no listed specles will be affected by the Expansion Alternative . " While it may be unlikely that such impacts will occur, the absolute statement that the project will have no effect seems unwarranted in the absence of field investigations . The Final Environmental Impact Statement (FEIS) should provide information on the extent and timing of species surveys (if any) as well as the qualifications of the individuals conducting the surveys . 2) The NCWRC supports the proposed 50 foot vegetated buffer to protect Phil ' s Creek. It is not clear if this buffer would be expanded to protect associated wetlands near existing SR 1104 . The FEIS should clarify the extent to which this wetland area will be retained and protected. The existing crossing of Phil ' s Creek -on SR 1104 could be retained for any necessary" stream crossing by construction equipment, since this would be less damaging than fording of the creek. If no equipment crossing is necessary, the culverts and pavement should be Yemoved, and the approach causeways should be restored to natural grade and revegetated. A detailed description of project needs and planned modifications in the vicinity of the Phil ' s Creek wetlands should be . developed in the FEIS . 3) The conclusion on page 4-12 that " . . .edge ecotone. . .will provide a much richer diversity of flora and fauna" is not particularly applicable to the project site, which consists of a mosaic of different vegetation types and successional stages . It is doubtful that complete removal of all interior vegetation will result in more edge habitat on the future project perimeter than presently exists on the site . While edge habitat may support a higher faunal and floral diversity than other habitat types, many species are vulnerable to competition or predation from edge species . Large blocks of forest habitat, particularly mature hardwoods, are becoming Memo Page 3 June 16 , 1993 071 increasingly rare :n the rapidly urbanizing Piedmont region. The NCWRC cannot agree that creation of edge habitat frcm development is of overall benefit to wildlife resources . While mature forest stands are not extensive on the site in question, the proposed project will permanently eliminate substantial terrestrial habitat, and fisheries potential of newly created aquatic habitat is likely to be low. The NCWRC accepts that natural resources impacts must be balanced against project benefits . However, we recommend that the environmental document should fairly describe project impacts as such, rather than as habitat improvements . 4) Although the exact location of the relocated SR 1104 is not known, the depicted site of the northern terminus (Figure 2 . 1) supports mature oak forest habitat . Loss of this resource from road relocation and subsequent quarry operations should be avoided or minimized if possible . Based on information provided in the DEIS, the NCWRC agrees that wetland impacts resulting from the proposed quarry expansion will be within the scope of Nationwide Permits 14 and 26 . We anticipate a favorable review of the FEIS, providing the concerns outlined above are fully addressed in the document . Thank you for the ongoing opportunity to provide input to planning stages for this project . If I can further assist your office, please contact me at (919) 528-9887 . cc : Larry Warlick, District 5 Wildlife Biologist Shari Bryant, District 5 Fisheries Biologist • .e--,‘ 0 7 4 I Ili% - STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IAMES B.HUNT. Ir,. DIVISION OF HIGHWAYS SAM HUNT GOVERNOR P.O.BOX 25201.RALEIGH.N.C. 27611-5201 10' I SECRETARY June 2, 1993 it 0 % • : .019 11 . MEMORANDUM TO : State Clearinghouse O VL`� 1 FROM: Dan Thomas, P .E . fi --lA--a-, \ /' off Transportation Engineer %Tv SUBJECT : North Carolina State Clearinghouse : 93-E-9999-0929 SR 1104 in Orange County is designated as a major thoroughfare on the recommended Durham-Chapel Hill-Carrboro Thoroughfare Plan. It is requested that right-of-way be reserved through the project site to allow for the possible future roadway relocation as shown on FIGURE 2 . 1 of the Environmental Impact Statement for the American Stone Quarry Expansion. If there are any questions you may contact me at (919) 733-4705 . • i= \\\,..... \A l V22)\\ c\ \\')\ `,,41,v✓ '/ 1,. • ENVIRONMENTAL IMPACT STATEMENT AMERICAN STONE QUARRY EXPANSION Orange County, North Carolina Near intersection of NC 54 and SR 1104 Submitted Pursuant to The Orange County Environmental Impact Ordinance iviabd."1010111191"1516V 011.411011illit AL jib Irlakftir SW& 1M all Prepared For: MARTIN MARIETTA AGGREGATES 2710 Wycliff Road Raleigh, North Carolina 27607 Prepared By: W•MA GROUP 5922 Six Forks Road Raleigh, North Carolina 27600 This report documents the need for expansion of mining activities at the American Stone Quarry in Orange County, North Carolina. Described within this report are the existing conditions in the study area and the effects of the proposed action. S.0 SUMMARY In 1969,American Stone Company began quarrying operations on a leased tract of property, now owned by OWASA. Operations continued at this site (located in the northeast quadrant of NC 54 and Bethel Church/Hickory Grove Road (SR 1104)), until the late 1970's. Operations were then moved across SR 1104 to the present location (the northwest quadrant of NC 54 and SR 1104), The previous site including the pit was then acquired by OWASA. The pit was converted to a 200 million gallon water reservoir and beneficially used during drought periods prior to the 1989 impoundment of OWASA'S Cane Creek Reservoir. Zoning was not extended into Bingham Township until the early 1980's. The proposed action involves the relocation of SR 1104 to a new location east of the existing OWASA quarry reservoir and the expansion of mining activities from the existing pit toward the reservoir where quarrying took place from 1969 until 1978. The following summarizes the methodology and findings of the attached Environmental Impact Statement for the proposed American Stone Quarry Expansion. A more detailed discussion of the methodology and findings is found in the main body of the report. S.1 Description of Action The project area includes the current American Stone Quarry site, the Nello Teer site, the OWASA Quarry Reservoir, the proposed expansion area and the property immediately adjacent to these areas. The proposed action involves the expansion of mining activities at the existing American Stone Quarry located in the northwest quadrant of the NC 54/SR 1104 intersection in Orange County, North Carolina. This report documents the identification and initial description of three preliminary alternatives. The report also describes the selection and subsequent evaluation of the preferred Expansion Alternative, as well as the "No-Action" alternative. This report explores the potential environmental effects, subsequent mitigation measures,and feasibility of the preferred expansion alternative. To extend the useful life of the quarry, it is necessary to expand the surface area available for extraction of materials. The expanded mining area necessitates the relocation of SR 1104 to the east of the existing quarry reservoir. Relocation of the existing asphalt plant is also necessary due to the expanding mining activities. S-1 In addition, the Orange Water and Sewer Authority (OWASA) has entered into a four party agreement by which they will obtain ownership of the property in 2030 when quarry activities cease. OWASA proposes to fill the quarry with water, creating an expanded reservoir of three billion gallons capacity. This is equivalent to the storage volume of the Cane Creek Reservoir. S.2 Alternatives Chosen for Detailed Study (Section 2.2) The preferred expansion alternative chosen for detailed study includes an expansion of quarry activities. Expansion of the quarry activities includes an increase in the quarry boundaries to encompass both sides of existing SR 1104 and construction of a new asphalt plant. Since the quarry, asphalt plant, and other area land uses would be served by relocated SR 1104, the existing roadway will be abandoned and the pavement removed, resulting in a net increase of impervious surface of approximately 0.2 acres. The net increase was directly related to the longer length of the relocated SR 1104. An Agricultural Land Use and a Residential Land Use of the property are considered along with the quarry expansion alternative for further study. The "No-Action" alternative was also considered for detailed evaluation. The "No-Action" alternative is used primarily as a comparative base for proposed actions. S.3 Impact Evaluation Socio-Economic (Sections 3.1 and 4.1) - Implementation of the expansion alternative or the land use alternatives would not affect the social aspects of the area such as community cohesion or access to neighborhoods. The proposed expansion alternative would increase the life of mining and asphalt plant operations at the site, providing additional tax base and employment opportunities for Orange County, both directly and indirectly,through supply of construction materials as well as through the additional convenience to local contractors, public agencies, and private residents using the products of these facilities. Traffic Impacts (Section 2.1) - Traffic volumes from quarry activities are anticipated to remain consistent with existing volumes, since increases in daily mining activities are not expected. S-2 Cultural Resources (Sections 3.3 and 4.3) - The expansion of quarry activities and the relocation of the asphalt plant and SR 1104 are not expected to require land from any churches, cemeteries, or parks. One private cemetery is located in the northeast area of the expansion, however it will not be disturbed by any of the proposed activities. There are no schools within the study area. Historical and Archaeological Sites (Sections 3.3.3 and 4.3.3) -According to files reviewed at the State Historic Preservation Office (SHPO) and the report entitled"An Inventory of Sites of Cultural, Historic, Recreational, Biological and Geological Significance in the Unincorporated Portions of Orange County", there are no National Register sites and no sites nominated for inclusion on the National Register in the vicinity of the project. There are also no sites on the State List of Historic Places in or near the study area. The aforementioned inventory report did not identify any archaeological sites in the study area, and no documented archaeological sites are on file with the State Historic Preservation Office for the study area. Biotic Communities (Sections 3.4 and 4.4) -Minor effects to biotic communities, including wetland communities, and the associated wildlife will result from the proposed action. Anticipated effects are to be temporary in nature and will primarily consist of the removal of biotic communities and the displacement of wildlife from the expanded mining area and the roadway right-of-way and construction areas. Long term benefits afforded by the edge ecotone that will develop along the relocated roadway and the reservoir will provide a much richer diversity of flora and fauna. No rare, threatened, or endangered species were identified in a literature search of the vicinity of the proposed action. Therefore no listed species will be affected by the Expansion Alternative. Farmland (Sections 3.4.5 and 4.4.5) - The Expansion Alternative will not remove any farmland acreage from current production. The land to be used for the expansion could be placed in agricultural use. Wetlands (Sections 3.4.4 and 4.4.4) -Approximately 1/4 acre of jurisdictional wetlands as defined by Section 404 of the Clean Water Act will be lost with the implementation of the expansion alternative. The Corps of Engineers has been notified of this loss and has approved the loss of these wetlands under Nationwide Permits No. 14 and 26. S-3 Floodplains (Sections 3.5.2 and 4.5.2) -A small area of existing flood plain associated with Phil's Creek may experience minor disruption during the introduction of culvert structures of the relocated roadway. Effects on floodplains will be minimal however due to the storage capacity of the quarry reservoir and the flood control benefits provided by the wetlands along Phil's Creek on both sides of existing SR 1104, Additional protection against flooding will be offered by the quarry pit itself. Any overflow from Phil's Creek would spill into the existing quarry pit. Water Quality(Sections 2.1, 3.5.1 and 4.5.1) -Expansion of the quarry, relocation of SR 1104,and relocation/modernization of the asphalt plant will result in virtually no net increase in impervious coverage beyond existing amounts. Drainage patterns and water quality characteristics of the runoff are expected to remain unchanged from current conditions. Stormwater runoff from the existing crushed stone production and storage areas will be managed by onsite sedimentation basins and a closed loop recycle system, with any excess flows released to Phil's Creek pursuant to conditions set forth in the NPDES General Permit issued by the North Carolina Environmental Management Commission. Runoff from areas adjacent.to the existing and expanded quarry pit will drain to the pit itself for recycle and/or release through this system. The expanded quarry operation is expected to have no adverse effects on water quality in Phil's Creek, OWASA's existing Stone Quarry Reservoir, or on the downstream University Lake water supply. A 401 Water Quality Certification has been issued for the quarry expansion by the North Carolina Environmental Management Commission. General runoff from the relocated asphalt plant will be continued in a sedimentation pond. Occasional excess flows will be released to a tributary of Phil's Creek after appropriate settling in this pond. Any fuel or other petroleum spills that may occur at the asphalt plant will be intercepted by a containment sump and oil/water separator. Clean water from the separator will drain to a separate pond equipped with an inverted siphon and oil absorbing materials to prevent any residual hydrocarbons from leaving the site. Any excess runoff from the spill containment pond will drain to the sedimentation pond described above. The relocated and modernized asphalt plant is expected to have no adverse effects on water quality to Phil's Creek, OWASA's existing Stone Quarry Reservoir, or on the downstream University Lake water supply, Air Quality (Sections 3.5.4 and 4.5.5) - Since the relocated roadway is in close proximity to the existing roadway, no increases of present traffic related air quality is expected. S-4 Quarry operations are also not expected to change since quarry activities are expected to maintain current levels of production and the expansion will only extend the life of the operation. Increases in air pollution levels are not expected. Air quality will improve with the construction of the new asphalt plant, The new plant will be identical to Nello Teer's Wake Asphalt Plant in Raleigh. Air modeling of this plant indicates that concentrations of particulate matter SO2, NOX, VOCs, and CO are far less than applicable ambient air quality standards, In fact, the maximum modeled ambient concentration contributions from the Wake Asphalt Plant stack are less than the EPA's 'significant' levels, suggesting that concentration contributions may be less than limits of analytical detection. Modeled concentrations of potentially toxic substances are also low. The maximum modeled concentrations of formaldehyde, beryllium,cadmium,chromium, nickel,manganese,and mercury are far less than Threshold Limit Values (TLVs), and meet North Carolina toxic concentration standards. Finally, the carcinogenic risk posed by emissions from the Wake Asphalt Plant is quantified, and found to be smaller than the 1 x 10-6 (1/1,000,000) acceptable risk for each suspected carcinogen individually, and for the sum of all carcinogens. These findings indicate that the ambient concentrations of pollutants which can be expected to occur as a result of emissions from the new quarry asphalt plant should cause no adverse health, welfare, economic or environmental impact. Noise (Sections 3.5.6 and 4.5.6) - The operations at the existing quarry will not change with the expansion. Movement of activities will bring noise generating equipment closer to the southeast, however. Evidence from the noise monitoring performed in March of 1992 indicates that this should not affect the quality of life to residents who reside to the southeast of the existing site. No increase in quarry traffic is expected with this expansion. Relocation of SR 1104 should produce no additional noise from motor vehicle traffic. The new asphalt plant will be equipped with new burners to reduce any noise emitted from the facility. Increased buffer or screening around the complex will also reduce off-site noise from the asphalt plant. S-5 Blasting (Sections 3.5.7 and 4.5.7) - Blasting operations at the quarry will continue with the expansion. From past blasting performance at the existing site, minimal effects (no increase over current levels) from blasting are anticipated with the expansion. Energy (Section 4.6) - Vehicle fuel consumption and overall energy use should remain at current levels since the relocated roadway does not result in significantly longer trip lengths. Construction of the relocated roadway will cause a short-term increase in energy consumption. Since daily activities at the quarry are not expected to increase with the expansion, vehicle fuel consumption and overall energy use are expected to remain at current levels. Visual Effects (Section 4.7) - Visual impacts due to quarry and asphalt plant activities are expected to be minimal as buffer zones will be maintained around these activies. Since the roadway relocation will occur in the same vicinity as the existing roadway, visual effects are expected to remain similar or improve from current conditions. The highway itself will be designed to create a pleasing park-like roadway for the driver. S.4 Mitigation Measures Water Quality (Section 4.5.1) - Mitigation measures to reduce effects on water quality include: Minimizing soil exposure by the staging of grading and revegetation. Interception and/or diversion of runoff. Application of surface covers. Installation of silt fences, erosion screens, and bale barriers. Provision of grass shoulders, grass-lined ditches and vegetation buffers. Maintain a 50 foot buffer between mining operations and Phil's Creek as required by the existing special use permit. Phil's Creek will not be rerouted or disturbed by the proposed action. Temporary water quality impacts may result from construction of the roadway. To reduce negative impacts, the roadway contractor shall exercise every reasonable precaution throughout the construction period to prevent pollution of any body of water. The contractor shall also be responsible for the prevention of soil erosion and stream siltation due to roadway construction. Contractors will not ford streams with mechanical equipment unless construction is required in S-6 the stream bed. Visual (Section 4.7) - The visual qualities of adversely effected areas can be mitigated by: Minimizing roadway cut and fill slopes Roadway alignment following the existing groundline wherever possible Landscape planting and natural revegetation to the cut and fill slopes Maintain landscape planting and natural vegetation in the quarry and asphalt plant buffer zones Maintain the 300 foot buffer between extraction areas and residences and public lands as required by the existing special use permits. S.5 Compliance with Area Land Use Goals (Section 4.10) The proposed quarry expansion is in compliance with several area land use goals. The County- wide goals for Orange County are presented in the "Orange County Comprehensive Plan" and are listed in Section 4.10 of this document. Provision of an expanded reservoir with the capacity to store approximately three billion gallons of water advances Goal Ten. Since the additional mining activities and the resulting reservoir capacity can be obtained without acquiring productive agricultural property the proposed action complies with Goal Seven. The proposed action complies with Goal Six by continuation of quarry activities thereby providing additional tax revenues and employment opportunities, both directly and indirectly without disrupting the character of adjacent communities. In addition, the expanded storage reservoir will provide additional high quality water for citizens of Orange County served by OWASA at little capital cost to the public; and will serve to protect the natural environment through the edge ecotone, buffer areas, and aquatic habitats provided with the reservoir. The proposed action advances Goal One through the use of a mutually beneficial private/public agreement to transform a business enterprise into a public water supply reservoir. S-7 TABLE OF CONTENTS Section Page 1.0 PURPOSE AND NEED 1-1 1,1 Project Location 1-2 2.0 DESCRIPTION OF ALTERNATIVES 2-1 2.1 Preliminary Screening of Alternatives 2-3 2.2 Alternatives Chosen for Further Study 2-6 3.0 AFFECTED ENVIRONMENT 3.1 Socio-Economic Characteristics 3-1 3.1.1 Orange County 3-1 3.1.2 Project Area 3-2 3.2 Land Use 3-3 3.3 Cultural Resources 3-4 3.3.1 Schools, Churches, and Cemeteries 3-4 3.3.2 Parks and Recreational Open Space 3-4 3.3.3 Historical and Archaeological Resources 3-4 3.4 Natural Resources 3-5 3.4.1 Threatened and Endangered Species 3-5 3.4.2 Critical Habitat 3-8 3.4.3 Rare or Unique Natural Resources 3-9 3.4.4 Wetlands 3-9 3,4.5 Farmlands 3-10 3.5 Physical Environment 3-12 3.5.1 Existing Water Quality 3-12 3.5.2 Floodplains 3-17 3.5.3 Hydrology and Drainage 3-17 3.5.4 Air Quality 3-19 3.5.5 Hazardous Materials 3-20 3.5.6 Noise 3-23 3.5.7 Blasting 3-27 4.0 ENVIRONMENTAL CONSEQUENCES 4-1 4.1 Socio-Economic Characteristics 4-1 4.2 Land Use 4-1 4.3 Cultural Resources 4-2 4.3.1 Schools, Churches, and Cemeteries 4-2 4.3.2 Parks and Recreational Open Space 4-2 4,3.3 Historical and Archaeological Resources 4-3 4.4 Natural Resources 4-3 4.4.1 Threatened and Endangered Species 4-3 4.4.2 Critical Habitat 4-3 4.4.3 Rare or Unique Natural Resources 4-3 4.4.4 Wetlands 4-3 4.4.5 Farmlands 4-3 4.5 Physical Environment 4-4 4.5.1 Water Quality 4-4 4.5.2 Floodplains 4-6 4.5.3 Hydrology and Drainage 4-6 4.5.4 Topography, Geology and Soils 4-8 4.5,5 Air Quality 4-8 4.5.6 Noise 4-9 4.5.7 Blasting 4-10 rt Section Page 4.6 Energy 4-10 4.7 Visual Impacts 4-10 4.8 Irreversible and Irretrievable Commitment of Resources 4-11 4.9 Relationship Between Short Term Impacts and Long Term Benefits 4-11 4.10 Compliance with Area Land Use Goals 4-12 List of Tables 2.1 Matrix Evaluation of Preliminary Alternatives 2-3 3.1 Population of Orange County (1970-2010) 3-1 3.2 Population by Township (1970-2000) 3-3 3.3 Rare and Protected Species in Orange County, NC 3-6 3.4 Important Farmland Soils 3-11 3.5 NC Water Quality Classifications 3-13 3.6 NC Groundwater Classifications 3-16 3.7 Air Quality Nonattainment Areas 3-20 3.8 Noise Monitoring Results 3-25 3.9 Noise Levels of Common Activities 3-26 4.1 Orange County Comprehensive Plan Land Use Goals 4-13 Follows List of Figures Page 1.1 Project Location Map 1-2 1.2 Watershed 1-2 2.1 Proposed Expansion Alternative 2-2 3.1 Zoning Map 3-3 3.2 Existing Land Use 3-3 3.3 Cultural Resources 3-4 3.4 Hydric Soil Designation 3-9 3.5 Wetlands 3-9 3.6 Farmland Designation 3-11 3.7 Quarry Erosion Control Structures 3-12 3.8 Floodplains 3-17 3.9 Noise Monitoring Locations 3-25 APPENDICES APPENDIX A - Environmental Assessment APPENDIX B - Spill Prevention Countermeasures Plan - Martin Marietta Aggregates APPENDIX C - NPDES Permit - Martin Marietta Aggregates APPENDIX D - List of Sources ii American Stone Company Orange County 1.0 PURPOSE AND NEED Section 113A-8 of the North Carolina Environmental Policy Act authorized the governing bodies of all cities, counties, and towns to require private developers to prepare and submit detailed statements of impact for major development projects. Pursuant to this article and in the interest of encouraging the wise, productive, and beneficial use of the natural resources of the State without damage to the environment, maintain a healthy and pleasant environment, and preserve the natural beauty of the State" (G.S. 113A-2), Orange County has developed its own guidelines for impact statements. These guidelines can be found in the Orange County Environmental Impact Ordinance (September 1990). A county Environmental Impact Statement is needed for all projects that either "require certain state permits, or require a local land use permit for development within environmentally sensitive areas" and are expected to cause a "significant environmental impact". Need for an environmental impact statement is determined by submittal of an Environmental Assessment questionnaire to Orange County authorities. A completed copy of the questionnaire can be found in Appendix A. Since this proposed project "involves surface or subsurface extraction activity requiring a Mining Permit from the North Carolina Department of Natural Resources", preparation of an Orange County Environmental Impact Statement (EIS) is required by the ordinance. The purpose of this EIS is to describe the environmental setting of the project, discuss any major environmental impacts that may occur as a result of the project, and identify reasonable alternatives to minimize or avoid those environmental impacts. The project which this EIS addresses involves the expansion of the area of mining activities at the American Stone quarry, construction of a new asphalt plant and the relocation of SR 1104 at NC 54. Because of current demand and the anticipated requirements for mined products from this quarry, it is considered necessary to expand the surface area available for extraction of materials to prolong the supply of stone for the area. The expanded mining area necessitates the relocation of SR 1104 to the east of the existing American Stone Quarry reservoir. Quarry expansion can not go significantly deeper because the steep grades which would result would make transport of materials out of the pit difficult. For this 1-1 reason the quarry must expand in surface area. The expansion would also require the construction of a new Nello Teer Asphalt Plant at a location east of relocated SR 1104 and removal of the existing plant. A new asphalt plant will be constructed at the new location and shall meet or exceed the requirements of Chapter 143, Article 21 of the North Carolina General Statutes, all regulations of the Federal Environmental Protection Agency, and all other pertinent local, state and federal regulations including those which were not in effect at the time the existing asphalt plant was constructed. The Orange Water and Sewer Authority (OWASA) has entered into an agreement by which they will obtain ownership of the property in 2030 when quarry activities cease, OWASA proposes to fill the pit with water, creating a three billion gallon reservoir that will be a vital resource for meeting projected water demand in 2030 and beyond. 1.1 Project Location In 1969,American Stone Company began quarrying operations on a tract of property, now owned by OWASA. Operations continued at this site (located in the northeast quadrant of NC 54 and Bethel Church/Hickory Grove Road (SR 1104)), until the late 1970's. Operations were then moved across SR 1104 to the present location (the northwest quadrant of NC 54 and SR 1104 (shown in Figure 1.1). The previous site including the pit was then acquired by OWASA. The pit has been converted to a 200 million gallon water reservoir. Zoning was not extended into Bingham Township until the early 1980's. The proposed action involves the relocation of SR 1104 to a new location east of the existing OWASA reservoir and the expansion of mining activities from the existing pit toward the reservoir where quarrying took place from 1969 until 1978. The American Stone Quarry site consists of 136 acres located in Bingham Township of Orange County approximately 4,5 miles west of Carrboro. American Stone Company owns 18 acres and the remaining 118 acres is leased from Philip and Alice Durham (life-long Orange County residents who currently live adjacent to the quarry). The property is located in the Rural Buffer portion of the Joint Planning Area of Orange County, Chapel Hill and Carrboro and falls within the University Lake watershed (see Figure 1.2). The nearest metropolitan area is the Chapel Hill- Carrboro urban area within the adjacent township of Chapel Hill. 1-2 CASWELL COUNTY PERSON COUNTY I I I E_ 2 I I • HILLSBOROUGH I I cp 10 W I '11111/41111\ z ' Si i • Q I o SR HO4 , CARRBORO CHAPEL HILL r CHATHAM COUNTY NOT TO SCALE COUNTY LINE MARTIN MARIETTA PROJECT LOCATION AMERICAN STONE QUARRY PROJE CT LOCATION MAP OrangeMERIC County, North Carolin FIGURE L 0 . t _ li • •■ �i s.R 1��7 / i !` _ _ L �`�" /+ S.R. 1101 co / 14,, a�4 t s ie P '-'>'-... 1}c �; sue' ��'�� r .4, d L „` sa I � a � �., i •w� J.-4g,, " E{ Y1w' •' r N,411111 , — r i -- n v"- ww � I _ jj M � � ?x� 4 � k / 434' $ - W �-- 1.1—',.,..p` .' .w : yt t.4 _ 4 a � 9` ,,.. a Sk y .E t1:* t r Q'• „ z ?E �-"�' g 3 + ^s". e 1„4''''. 77 Fk" w" ,.dab, S.R. 1005 .:.,.T.. , •�F" (P=`•+'W� 1 dt ';�,Ak 33 Il tow 4 3 bA 4 T 'kR � .{ n SP 'n.'4. orb° '� �+a. .� 1 ' �y '7 r ,r r _ b / _L�1— _ ORAiIIGE ,n V ' CHATHAM —'� _ C,>✓ � �� : . COUNTY ....� . �;. �'q 5000 0 5000 �•� - CREEKS MARTIN MARIETTA - COUNTY LINE AMERICAN STONE QUARRY —r—,--�T DIRT ROAD 11 UNIVERSITY LAKE WATERSHED — SITE BOUNDARIES WATERSHED Orange County, North Carolina FIGURE 1.2 The existing OWASA Quarry Reservoir is located on SR 1104 across from the existing quarry activities. Access to the reservoir can be obtained from US 54 or from a drive shared with the existing asphalt plant operations. Access to the quarry is currently provided on NC 54 at a drive located approximately 300 feet west of the NC 54/SR 1104 intersection. A second access is provided for employees and visitors on SR 1104. This access is not used by haul trucks. Also on SR 1104, north of the active quarry pit, is an access haul road. Access to the existing Nello Teer asphalt plant is located on SR 1104. Both SR 1104 and NC 54 are two-lane thoroughfares. SR 1104 is a north-south roadway providing access from SR 1009 to NC 54, NC 54 is an east-west roadway linking Burlington to the west, and Carrboro, Chapel Hill, Cary and Raleigh to the east. 1-3 2.0 DESCRIPTION OF ALTERNATIVES Section'2 examines possible alternatives for the development of the subject property. Three preliminary alternatives have been identified for study, including: "No-Action" Alternative "Alternative Land Use (a) Residential (b) Agriculture "Expansion Alternative" - Expand Mining Activities with relocation of SR 1104 and relocation of the asphalt plant. No Action The"No-Action"Alternative is used as a comparative base for analysis of all alternatives. The"No- Action" Alternative, as the name suggests, is an alternative in which no expansion of mining activities would occur and no relocation of the asphalt plant would take place. The asphalt plant would be upgraded and continue to operate at its present location under the current lease agreement. Alternate Land Use This alternative involves the utilization of land which would have been used for quarry expansion, the asphalt plant relocation and/or the roadway relocation for other purposes. The land is presently zoned Rural Buffer(RB). RB is considered to be land adjacent to the Urban Transition area which is rural and which Carrboro, Chapel Hill and the County have determined should remain rural. The Land Use Element of the Orange County Comprehensive Plan defines suitable land use for RB zoning to be agricultural or very low-density residential uses which do not require urban services. According to the joint planning agreement and the University Lake Watershed Protection Policies of OWASA, this area will not be served by municipal water or sewer utilities. (a) Residential Because the land is also located within the protected University Lake Watershed residential use is somewhat restrictive. Minimum lot size per dwelling unit would be limited to two acres for the first five dwelling units and five acres for each unit thereafter. Allowing for buffer and impervious surface requirements, the site could accommodate approximately 17 dwelling units. All units would rely on individual wells and ground absorption systems for domestic water supply and sewage disposal. 2-1 (b) Agricultural Agricultural use of the property currently considered for the expansion is also an option. Review of the Soil Survey of Orange County, prepared by the U.S. Department of Agriculture Soil Conservation Service has indicated that a large portion of the expansion area is classified as possessing "prime farmland" soils or soils best suited for producing food, fiber, feed, forage and oil seed crops. Expansion Alternative Expansion Alternatives considers the expansion of quarry activities, relocation of SR 1104 and construction of the new asphalt plant (See Figure'2.1). During expansion operations, mining will remove existing SR 1104 and proceed to the southeast towards American Stone's old quarry pit, now the existing OWASA quarry reservoir. SR 1104 will be relocated to the east connecting to existing NC 54 approximately 2700 feet east of the existing NC 54/SR 1104 intersection and to Bethel-Hickory Grove Church Road, approximately 1200 feet south of the existing SR 1103/SR 1104 intersection. The existing asphalt plant operations would be moved to the east side at relocated SR 1104 where a new asphalt plant will be constructed with state-of-the-art environmental safeguards. 2-2 — / \^S.R. ! 104 S.R. / , , 1103 // 11 RELOCATED \ AL #.41, WATERWAY / o°` ` �. S . {ej s s \fin R z, s :3''''''''''"W! .......•J'i • \ ESTING I RESERVOIR 1` 7 1 c ,, ts, .i? 7 s_ . Rs —" , _r \/ ''\/}.-''-----.-------'J i 2000 0 2000 --------- CREEKS MARTIN MARIETTA • IIM — — RELOCATED ROAD AMERICAN STONE QUARRY ■ PROPOSED NEW ASPHALT PLANT laigiaiAil EXISTING QUARRY PIT PROPOSED EXPANSION 1 EXISTING a FUTURE QUARRY PLANT ALTERNATIVE OPERATIONS ! .. QUARRY PIT EXPANSION AREA Orange County, North Carolina -------- SITE BOUNDARIES FIGURE 2.1 • 2.1 Preliminary Screening of Alternatives Alternatives presented in Section 2.0 are screened in this section to determine their feasibility for continued detailed evaluations in subsequent section of this document. A matrix evaluation of the four alternatives is included in Table 2.1. TABLE 2.1 MATRIX EVALUATION OF PRELIMINARY ALTERNATIVES AMERICAN STONE QUARRY ORANGE COUNTY ALTERNATIVE IMPACTS "NO-ACTION" LAND USE "EXPANSION 1' RESIDENTIAL AGRICULTURAL Additional Reservoir - - - 3.0 Billion Capacity Gallons f Traffic Volumes 375 201 375 (ADD VPD VPD - VPD Additional Residential - 17 Units - - Impervious Not Not Not Surface Limit Exceeded Exceeded Exceeded Exceeded A. "No-Action"Alternative Implementation of the "No-Action" alternative would result in the opportunity loss of a valuable three billion gallon reservoir needed to meet future public water demands and the loss of locally supplied stone and asphalt material for construction activities in Orange County. Twenty people currently employed at the quarry would lose their jobs resulting in a loss of payroll, reduc:_ demand for local goods and services, and a reduction in the overall tax base. The asphalt plant would continue to operate until May 2000 at the existing location provided plant facilities are upgraded in compliance with Nello Teer's lease agreement with OWASA. The quarry would continue to operate at the site until its useful life is expended. Estimates of the useful life expectancy of the existing quarry is approximately fifteen (15) years. Demand for stone and asphalt will continue and will result in mining activities and asphalt plant construction in areas outside of Orange County. Cost of these products will be higher to Orange 2-3 County users due to the increased cost of hauling the products into the County. This may also result in increased truck traffic on county roads due to increased hauling distances from other sources. B. Alternative Land Use Residential Orange County's ULW overlay zoning district for the University Lake watershed would allow development of up to 17 single family residential units on the approximately 87 acres being considered for the quarry expansion. Assuming an impervious ratio of 4 to 6 percent for the allowable residential development, 17 units would result in approximately 3 1/2 to 5 acres of additional impervious surface in the study area, thereby exceeding the impervious surface limit as outlined by Orange County. Traffic generated by this land use would result in 201 vehicle trips per day on the adjacent roadway system due to the residential development. These vehicle trips would be in addition to traffic already on the roadway and quarry traffic (375 VPD) utilizing the roadway. When quarry activities cease the background volumes would decrease only slightly on SR 1104, since the majority of quarry traffic uses NC 54. The"Joint Planning Land Use Plan"adopted by Orange County and the Towns of Chapel Hill and Carrboro indicates that the soil suitability for use of septic tanks in the study area is moderate to severe. A designation of moderate indicates that soil properties or site features are unfavorable for the specified use (septic systems), but limitations can be overcome by special planning and design. The severe category denotes that soil properties or site features are so unfavorable or difficult to overcome that major soil reclamation, special design, or intensive maintenance is required. Because Carrboro, Chapel Hill, Orange County and OWASA have adopted policies against extending sewer lines into protected watersheds and since the project is in a protected watershed, the introduction of sewer lines is not an option. Agriculture According to the Soil Conservation Service Soil Survey, soils in the project expansion area consist of Georgeville Silt Loam (Ge), Herndon Silt Loam (Hr), and Tatum Silt Loam (Ta). All of these soils have potential for agricultural use. (See Figure 3.6) Georgeville and Herndon soils compose approximately 60% of the expansion area. Past uses 2-4 • for these soils in Orange County have been for cropland, pasture or woodland. The soil has a high potential for corn, soybeans, tobacco, small grain, hay and pasture forage. Principle limitation for agricultural use are slope surface runoff due to moderate permeability, and erosion potential. Tatum soils comprise the remaining 40% of the expansion area. In the past, these soils have been predominately used as pasture or woodland due to slope, shallow depth of bedrock and erosion potential once ground cover is removed. Potential for hay and pasture forage is moderately high. C. Expansion Alternative Expansion of the quarry as described in Section 2.0 includes expansion of the quarry operation, relocating SR 1104 and locating a new asphalt plant. A new increase of impervious surface of approximately 0.2 acres will occur with this alternative. Traffic volumes resulting from quarry activities are anticipated to remain consistent with existing volumes, since no increases in daily mining activities are projected. Benefits from the alternative include additional tonnages of crushed stone available for manufacturing and construction activities, expanded reservoir capacity (approximately three billion gallons) for future use, as well as an additional 100 acres of protected buffer land surrounding the new reservoir to be acquired by the Orange Water and Sewer Authority. The expanded quarry area will not result in an increase in impervious surface area. Since the expansion of the quarry will not increase the rate of stone production but only increase the life of the site, traffic volumes are expected to remain consistent with existing volumes. Because the current economy reflects a decrease in building and other construction related activities, quarry records were examined for the period of 1988 through 1990 to determine demand for the crushed stone. Resulting traffic volumes revealed that traffic generated by the facility varied only 7 percent (344 VPD in 1988, 368 VPD in 1989, and 346 VPD in 1990) during the three year period. The new asphalt plant will be relocated to an area east of the existing quarry pit on the east side of relocated SR 1104. The existing plant will be dismantled,and the site stabilized, re-graded and vegetated. The new asphalt plant site will include approximately the same amount of impervious surfaces as the existing plant site. The new plant will include state-of-the-art environmental 2-5 safeguards and be designed to contain all runoff on site. The storage of liquid asphalt and diesel fuel has been planned with a number of back-up stages to eliminate potential environmental impacts. The storage tanks will be above-ground, mounted on a concrete pad and surrounded by a concrete containment wall capable of holding the contents of all the tanks at once. The pad will be shaped to direct all internal flows to a concrete sump so that any spilled fuel materials may be removed. Small amounts of fuel would pass on to the oil/water separator described below, and large amounts could be pumped from this same pipe. The fuel storage area is planned to contain a worst-case spill (the case that all tanks are completely full and then completely emptied by accident). However, since some tanks are only filled weekly, and some only twice monthly, the retention volume of the containment structures provides more than enough capacity. In front of the fuel storage area will be a large concrete pad on which fuel trucks will park while filling the tanks, and where oil changes on equipment may be performed. Any spills in this area would pass to a sump, and then be sent to the oil/water separator. All petroleum products from the separator will be put in a waste-oil tank which will have its contents regularly removed from the site. The clean water from the separator will be placed in a pond containing two devices to protect against oil pollution. The first, an inverted siphon, will allow water from under the pond's surface to be discharged to a settling basin, thereby preventing any oil on the surface of the pond from flowing out. Additional precautions against contamination of this pond involve the placement of oil-absorbing materials on the pond surface to take up any oil on the surface These materials will be collected regularly and disposed of away from the site. The entire area in which fuels and asphaltic materials will be stored, processed, and handled will be graded so that natural surface flows will be directed to the pond described above. The two methods described above will remove any oil which might enter this pond. The clean water from this pond will pass through an inverted siphon to a sedimentation basin which will hold any soil which might be present in the runoff water. This basin will be protected from having oil enter rt. therefore, no liner is needed. During periods of high rainfall runoff, any clarified overflow from this sedimentation basin will be discharged to a tributary of Phil's Creek. 2.2 Alternatives Chosen for Further Study The No Action" alternative will be considered as a comparative base for the proposed action. Advantages of the "No-Action" alternative include no construction related cost to American Stone 2-6 and no disturbances of forest and wildlife habitats. Disadvantages of this alternative would be the opportunity loss of a three billion gallon reservoir provided at virtually no public cost and the loss of locally supplied stone and asphalt material for construction activities in Orange County. ALTERNATE LAND USE Residential and agricultural land uses will be considered as alternatives to the proposed action. and are analyzed in further detail in Section 4 of this report. EXPANSION The expansion of the quarry site will be considered for further study because of the vast benefits this alternative could bring to the residents of the County including a future three billion gallon reservoir with minimal or no public expenditure. 2-7 3.0 AFFECTED ENVIRONMENT Section 3 provided background information relating to the project study area which will allow for impact evaluation of the "No-Action", Alternative Land Uses and the Expansion Alternatives. Information presented in Section 3 includes: socio-economic characteristics, land use, cultural resources, natural resources, and physical environment, 3.1 Socio-Economic Characteristics 3,1.1 Orange County The population of Orange County has grown since 1970 and it is expected that this trend will continue through 2010. Table 3.1 lists U.S. Census population figures for 1970, 1980 and 1990 along with projections for the years 2000 and 2010, TABLE 3.1 POPULATION OF ORANGE COUNTY (1970-2010) YEAR POPULATION % CHANGE/YEAR 1970 57,567 1980 77,055 +2.95 1990 93,851 +1.99 2000 101,241 +0.76 2010 110,511 +0.88 Sources: U.S. Census Bureau N.C. State Office of Budget and Management Orange County Planning Department Of the four municipalities in Orange County, Carrboro and Chapel Hill are the largest. With a combined 1990 U.S. Census population of 50.272, the Chapel Hill-Carrboro metropolitan area is the largest urban area within Orange County and the main employment center. The three largest employers in the county are located in Chapel Hill and together employ more than 12,000 persons. These employers are: The University of North Carolina with 7,400 employees; North Carolina Memorial Hospital with 3,522 employees; and Blue Cross and Blue Shield with 1,181 employees. American Stone Company currently employs twenty people at the Orange County plant site. The 3-1 1991 payroll was in excess of $550,000. and the projected 1992 payroll exceeds $575,000. This money directly benefits the local economy. Purchases of local goods and services including parts, supplies and fuel necessary to operate the quarry add to the area's economy and using a conservative multiplier effect, the twenty jobs at the quarry site create additional jobs elsewhere in the Orange County community. A local supply of stone is vital to Orange County since it is the most basic of all building products and is used in virtually all construction projects. Stone is the major ingredient in both asphalt and concrete and it is required by law in septic systems. It is also used for railroad ballast, driveways, drainageways and erosion control structures in addition to roads, building foundations, and other uses requiring ground stabilization. Transportation of stone can be extremely costly. Hauling costs for one ton of stone over a 25 mile distance exceed the costs of the stone. A local supply of stone results in a tremendous cost savings when contrasted to costs associated with hauling stone from an out-of-county source. An example of the savings can be seen at an upcoming Town of Chapel Hill project. Approximately 50,000 tons of stone will be needed for the filter bed of a local landfill. The projected cost savings to the Town of Chapel Hill by hauling the stone from American Stone Company compared to the next nearest source is approximately $52,250. Projecting savings on this and all other area projects over the forty year projected life of the expanded quarry make it apparent that significant savings for the county, towns, taxpayers and businesses in the Orange County area will be realized with the proposed quarry expansion. 3.1.2 Project Area The project area includes the current American Stone Quarry site, the Nello Teer site, the OWASA Quarry Reservoir, the proposed expansion area, and the property immediately adjacent to these areas. The project is located within Bingham Township of Orange County but is also immediately adjacent to Chapel Hill Township. Because of Bingham Township's proximity to the Chapel Hill- Carrboro urban area, it has experienced the greatest percentage increase in population and development of all of Orange County's townships in recent years. Table 3.2 shows U.S. Census figures and projected populations of Bingham and Chapel Hill Townships for the years of 1970 through 2000. 3-2 • TABLE 3.2 POPULATION BY TOWNSHIP (1970.2000) YEAR BINGHAM CHAPEL HILL 1970 2,379 38,856 1980 3,954 50,572 1990 5,500 71,160 2000 7,650 100,130 Source: "Land Use Element - Orange County Comprehensive Plan." Orange County Planning Department, Amended April 16, 1991. According to Table 3.2 population in Bingham Township has grown, on average, more than 5% per year and Chapel Hill Township experienced growth in the range of 3% per year. These trends can be partially attributed to growth in employment opportunities in Chapel Hill,Carrboro, and nearby Durham and Research Triangle Park. 3.2 Land Use The study area occurs in an area designated as a Rural Buffer District in the"Joint Planning Land Use Plan" and as such is part of the Joint Planning Jurisdiction of Orange County and the municipalities of Chapel Hill and Carrboro. The Joint Planning Agreement which established the Joint Planning Jurisdiction was entered into on September 22, 1987 between Orange County,and the towns of Chapel Hill and Carrboro. The rural buffer area is considered to be land adjacent to the Urban Transition area which is rural and which the towns and county have determined should remain rural. Land in the study area is largely undeveloped. Among the developed property in the area, residential development dominates as shown in Figure 3.,, Residential development consists largely of rural residences: situated on large parcels (2 acres or larger) of land, as required by zoning ordinance. American Stone Company operates an active quarry in the northwest quadrant of the NC 54/SR 1104 (Bethel Church-Hickory Grove Road) intersection. Across SR 1104 in the northeast 3-3 0 . r ��■�. —/` • l `~ S.R ill? ` low- �4 . `• S.R. 1101 o N `� ` 1 / - 0 % CL Cr • �\ 2 ) *N‘' o- Lt I , %kr,°.•■... Vow ? I / -64.1444444 \ 1 // __-' III ` 44N I � � \` / .�� \. �`. 111 L MI6 .1►% ' � �� i,.-•.''■'v, \% S.R. 1005 ` N'��``� / ` k 1 / — • %. 1.. .,...._ ‹.- -NI. ■tell i -,..•-..r ) cr) C ATH4M— _ _COUNTY ■t<i ��'■41:14.. ,:4:k' COUNTY �� — 5000 0 5000 -----.------ CREEKS MARTIN MARIETTA -- COUNTY LINE AMERICAN STONE QUARK Y ==== DIRT ROAD RURAL BUFFER — SITE BOUNDARIES ZONING MAP Orange County, North Carolina FIGURE 3.1 'I 1 S.R. 1 104 ��A' � I// / N -L #.44 1� • 4. Y ._� �..J// ....., Ilk ...' - ..i;. .0- . .. '--7- ^/ . f 0 err. ,,,7"; 4 tee. , i S. j ■ • 2000 0 2000 -------- CREEKS MARTIN MARIETTA iiiiiiA RESIDENTIAL AMERICAN STONE QUARRY COMMERCIAL PUBLIC/QUASI PUBLIC EXISTING LAND USE 1 : 1;1 ; 1 ; 1 INDUSTRIAL Orange County, North Carolina -------- SITE BOUNDARIES FIGURE 3.2 quadrant of the intersection, Orange Water and Sewer Authority owns property which was obtained in 1979 when the quarry operation was relocated to its present location, This property contains the old quarry pit which is being utilized as the present Quarry Reservoir. Also in the northeast quadrant, Nello L. Teer Company currently operates an asphalt plant. 3.3 Cultural Resources The cultural resources described in this section include schools, churches, cemeteries, parks and recreational areas, as well as historical and archaeological resources. 3.3.1 Schools, Churches and Cemeteries Although there are no schools near the project site, there are two nearby churches, each with an associated cemetery. The locations of these churches and cemeteries are denoted on Figure 3.3 Bethel Baptist Church is located on SR 1104 at SR 1103, The congregation was organized in 1851 and the existing structure was built in 1900. Hickory Grove Baptist Church is also located on SR 1104. The church community was organized in 1877, with the structure being built in 1905. An unnamed cemetery is located immediately west of relocated SR 1104 on quarry property. The cemetery contains approximately 15 grave sites. 3.3.2 Parks and Recreational Open Space There are no existing public or private parks or recreational facilities near the project area. There is however, one quasi-public facility nearby. The Tarheel Sertoma Club meeting room is located just west of the project area (see Figure 3.3). The Sertoma Club is a civic organization that provides services to the hearing impaired. There are no other public, quasi-public or private parks or recreational facilities adjacent to the project area. 3.3.3 Historical and Archaeological Resources According to files reviewed at the State Historic Preservation Office (SHPO), there are no National Register sites and no sites nominated for inclusion on the National Register in the vicinity of the project. There are also no sites on the State List of historic places near this project area. 3-4 -� __ / "S.R. ,Oa / / , #4p.11, S.R. ,. T.....------..--------- .4--- 1103 ■ 1 1 I 1) / L. a tCEM ETERY �---' —HICKORY GLOVE ,° `1 `BAPS I S OH U R C ti ' 1 7 ( ` s <- ✓ r.r „ • UNNAMED ; ,�M t f 4?t•CEMETERY '- 3 ` ,;4 BETHEL BAPTIST erg . CHURCH & CEMETE- *Ii•4gg&A.,4,%;U.44'stV:''■:.1:‘ ® • 1 7 '�00 l NOB 1 l'' ' c. , 5, , " AS .A,, jY________ ( 2000 0 2000 CREEKS MARTIN MARIETTA AMERICAN STONE QUARRY CULTURAL RESOURCES Orange County, North Carolina -- - SITE BOUNDARIES FIGURE 3.3 The report entitled "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" was also reviewed for nearby historic and archaeological sites. No sites in the project area were identified. A discussion with staff at the State Historic Preservation Office (SHPO) indicated that there are no documented archaeological sites in the study area. 3.4 Natural Resources This section examines the various aspects of the natural system occurring in the study area. Included are discussions of threatened and endangered species in Orange County, presence of critical habitats and rare or unique natural resources, Wetlands are also addressed due to their sensitivity, as are Prime and Important Farmlands associated with the study area. 3.4.1 Threatened and Endangered Species Orange County offers a vast diversity in natural habitats from dry upland ridges to river bluffs and bottomland forests. The species listed in Table 3.3 are protected against direct take (hunting, collecting) and indirect take (habitat destruction) by the Federal Endangered Species Act (16 U.S.C. 1531-1543), the North Carolina Endangered Species Act (G.S. 113-331 to 113-337) or the N.C. Plant Protection and Conservation Act of 1979. Species proposed for federal or state listing or under status review are not currently protected under the federal or state endangered species acts, however they are mentioned here because their status could change to protected. 3-5 TABLE 3.3 RARE AND PROTECTED SPECIES IN ORANGE COUNTY, N.C. SCIENTIFIC NAME COMMON NAME FEDERAL STATE STATUS STATUS Protected Species Picoides borealis Red-cockaded woodpecker endangered endangered Rhus michauxii Michaux's poison sumac endangered endangered Haliaetus leucocephalus Bald Eagle endangered endangered ; Unprotected Rare Species I Coragyps atratus Black vulture - proposed special concern Accipiter coo erii Cooper's hawk proposed special concern Plegadis falcinellus Glossy ibis - proposed special concern Regulus satraps Golden-crowned kinglet - proposed special concern ~ Agretta caerulea Little blue heron - proposed special concern . Lanius ludovicianus Loggerhead shrike - proposed special concern Aegolius acadicus Northern saw-whet owl - proposed special concern Toxolasma pullus Savannah shoremussel status review proposed threatened Contopus borealis Olive-sided flycatcher - proposed special concern • Egretta thula Snowy egret - proposed special concern Hemidactylium scutatum Four-toed salamander - proposed special concern Necturus lewisi Neuse River waterdog - proposed special concern Etheostoma collis Carolina darter - proposed special concern . Clinostomus funduloides Rosyside dace - proposed special concern Echinacea laevigata Smooth coneflower status review threatened Nestronia umbellula Nestronia status review threatened Aimophila aestivalis Bachman's sparrow - proposed special concern Fusconaia masoni Atlantic pigtoe mussel - proposed special concern Tachopteryx thoreyi Thorey's grayback dragonfly - special concern II 3-6 Records of rare and protected species in Orange County were compiled from Sather and Hall (1988), N.C. Natural Heritage Program (pers. comm.), U.S. Fish and Wildlife (pers. comm.), and N. C. Wildlife Resources Commission (1990), Three species were identified which are on both the Federal and State Lists as endangered: The Red-cockaded woodpecker (Picoides borealis), Michaux's Poison Sumac (Rhus michauxii) and the Bald Eagle (Haliaetus leucocephalus). The Red-cockaded woodpecker (Picoides borealis) nests in old-growth pine stands, usually with very low understory. Michaux's poison sumac (Rhus michauxii), is an upland plant, occurring in sandy or rocky open woods, often associated with basic soils. According to Sather and Hail (1988) historical records exist for Michaux's poison sumac for Orange County, but habitats have been modified or destroyed since their collections. This species is presumed to be extinct In Orange County. The Bald Eagle (Haliaeetus leucocephalus) is associated with high wooded habitat at the margin of large water bodies. Three species were identified on the Federal List for status review: the Savannah shoremussei (Toxolasma pullus), the Smooth coneflower (Echinacea laeviqata), and Nestronia (Nestronia umbellula). A thriving population of the Savannah shoremussel (Toxolasma pullus) exists in University Lake This is the only large concentration known to exist in North Carolina. The Smooth coneflower (Echinacea laeviqata) is a vascular plant found in glades,woodlands and open areas over mafic rocks in the Piedmont area of North Carolina. Nestronia (Nestronia umbellula) is parasitic on the roots of oaks and pines and occurs in mature forests. One species, Thorey's grayback dragonfly (Tachoptervx thorevi ' s state listed for special concern. This species requires specific kinds of springs or bogs for breeding ar 2 have only incompletely known distributions within the Southeast. 3-7 Several species were state listed as proposed special concern and known to exist near the project area. The Black Vulture (Coragyps atratus) required forested areas for nesting, and forests or open country for foraging, This species has been identified in the open wood lots southeast of the Cane Creek reservoir. The Four-toed salamander (Hemidactylium scutatum) is found most often in pools, bogs, and other wetlands located in hardwood forests. A prime breeding habitat for this species is located in Calvander Laurel Bluff and Bottom. The Carolina Darter (Etheostoma collis) is a freshwater fish found in streams in the Piedmont region. A noteworthy population has been located at the site of the Cane Creek Reservoir. A literature search did not identify any records of rare, threatened, or endangered species in the vicinity of the proposed project. 3,4.2 Critical Habitat No areas of critical habit were found as a result of a literature search in the project area. Correspondence from Natural Heritage (included in Appendix B) indicates that no known noteworthy ecosystems or significant natural areas are located nearby. The nearest significant natural areas (critical habitats) include Calvander Laurel Bluff and Bottom, and the University Lake areas. Calvander Laurel Bluff and Bottom is located south of Dairyiand Road (SR 1104) along Morgan Creek from Laurel Hill to a point approximately 0.5 miles north of NC 54. The area, which encompasses approximately 25 acres of land, offers an area of prime breeding habitat for several species of salamanders including the four-toed salamander (Hemidactylium scutatum). As stated in section 3.4.1, University Lake contains the only known large concentration of Savannah Shoremussel (Toxolasma pullus) in North Carolina, and Cane Creek reservoir and its surrounding area provides habitat for Carolina Darter (Etheostoma Collis) and Black Vulture (Coragyps atratus). 3-8 3.4.3 Rare or Unique Natural Resources No areas of rare or unique natural resources were identified in the study area, however, a"wildlife corridor" has been proposed by the Triangle Land Conservancy along Morgan Creek to Jordan Lake. This "wildlife corridor" is proposed to consist of areas that should remain undeveloped in order to function as a wildlife habitat. The proposed Morgan Creek Refuge System would also encompass Morgan Creek Swamp and Jordan Lake, Mason Farm, Laurel Hill, Morgan Creek Valley, University Lake, McCauley Mountain, and Pickards Mountain. 3.4.4 Wetlands Figure 3.4 shows the soils in the project area designated by USDA Soil Conservation Service as hydric soils. These are soils which tend to occur along stream banks and in depressions where the soils are poorly drained. They are saturated for a significant period during the growing season, and therefore support the growth of woody vegetation. Farming activities in areas of hydric soils are impossible under natural conditions. The National Wetland Inventory maps were reviewed for location of wetlands as defined by the U.S. Fish and Wildlife Service (see Figure 3.5). These wetlands were delineated by stereoscopically interpreting high altitude aerial photographs paying particular attention to vegetation, visible hydrology and geography. Past experience has shown however, that wetland locations identified by this method are not always accurate. This was evident for this site. The two small areas identified as PUBHh on the east side of SR 1104 as presented on the Wetland Inventory Map are settling ponds for the existing asphalt plant. Similarly the two areas identified as PUBHx west of SR 1104 are settling/holding ponds for quarry operations. A field inspection of the project site was, therefore, conducted by a representative of the U.S. Army Corps of Engineers on July 25 and October 29, 1991. The purpose of this inspection was to identify U.S. Army Corps of Engineer "Jurisdictional Wetlands". The U.S. Army Corps of Engineers identified several wetland areas in the project area during the field visit. Some of these wetland areas identified can and will be avoided to the extent possible during construction and quarrying activities. It is expected that a Nationwide permit will be required for activities that may affect these wetlands. See Section 4.0 for more details on the effect of the proposed action on wetlands. 3-9 1 N. - R 1\24 1. / S.R 1103 #4110/46411111k Hr .1a HrC # f III f4"-4,e 2., .........„4,74,7 T. En C Ch 404 ,z,t .. , , Y i`- Cod � Y'C56 y� $� / f. Ch i. s a; xGaC TaD 411k. ToD GID jk iii Irirr ,�Lr «`%r S :` GID t '::A To 0 T R Tr • ,, 1 . , \ alr 4.11L.;.:. lirk 411 ApC ... ( .., .. , 1 ' -.-- .,\ ••` a A CO GID AK WmE zi A ToD A,: s, , Ilia )11 Al i: / WmD ,,,9 2000 0 2000 -- CREEKS MARTIN MARIETTA ..:7.::-7*'L� INCLUSR IONS OF HYDRIC SOILS AMERICAN STONE QU ARRY O HAVE WET SPOTS HYDRIC SOIL DESIGNATION Orange County, North Carolina -- - SITE BOUNDARIES FIGURE 3.4 -S.R. ' 104 i ,,,, . PUBHh S.R. 1103 #400401141111k . PUBHh- 1. OtAkk�. • a PU I cry PUBHhe . -Th ` .. . • PUBHh i . I % _- III s4? PUBHh 2000 0 2000 --__ CREEKS MARTIN MARIETTA 5.'Yi" = WETLANDS AMERICAN STONE QUARRY WETLANDS Orange County, North Carolina FlGURE 3.5 -------- SITE BOUNDARIES :NATIONAL WERANO INVENTORY MAPS 3.4.5 Farmlands The United States Department of Agriculture Soil Conservation Service has classified the soils within Orange County that have potential for food and fiber production. There are three categories of farmland soils: prime farmland, state and locally important farmlands, and other lands. Within the county, there are 140,630 acres of prime farmland, 58,650 acres of state and locally important farmland and 54,460 acres of other lands, Prime farmland includes soils which are best suited for producing food, feed, fiber, forage, and oilseed crops. They have good soil qualities, are favorable for all major crops common to the county, have a favorable growing season, and receive the available moisture needed to produce high yields on an average of 8 out of every 10 years. State and locally important farmlands have either seasonal wetness, erosion, or drought that limits their suitability for some crops. These are crops that are adapted to wet or droughty conditions, or if erosion is controlled, produce moderate to high yields if treated and managed according to modern farming methods. The important farmlands are not necessarily confined to acreage presently in crops. Table 3,4 lists the soils that are found in the vicinity of the project area. Refer to Figure 3.6 for locations. There are currently no farmlands in production on the quarry property. As stated earlier in Section 2.0 soils in the expansion area consist of Georgeville and Herndon silt loam and Tatum silt loam. 3-10 TABLE 3.4 IMPORTANT FARMLAND SOILS DESIGNATION MAP SYMBOL MAP UNIT NAME % SLOPE Prime ApB Appling sandy loam 2 - 6 ApC Appling sandy loam 6 - 10 CfB Cecil fine sandy loam 2 - 6 EnB Enon loam 2 - 6 GeB Georgeville silt loam 2 - 6 HeB Helena sandy loam 2 - 8 HrB Herndon silt loam 2 - 6 Lg Lignum silt loam 0 - 3 State and Locally Important Ch Chewacla loam Cp Congaree fine sandy loam GeC Georgeville silt loam 6 - 10 HrC Herndon silt loam 6 - 10 Other EnC Enon loam 6 - 12 GID Goldston slaty silt loam 6 - 15 Pt Pits TaD Tatum silt loam 8 - 15 TaE Tatum silt loam 15 - 25 WmD Wedowee sandy loam 8 - 15 WmE Wedowee sandy loam 15 - 25 3-11 i / . - S•R 1103 Allk.h1 _,. f :,:.,.s:: H r C• K rfil.v..h.E.:AT:1' En Ci it • F.:f .1,0;i7/".?"4-.4%. •. .. 4 ..- .: -4" AN l�rirr'/ice ' . 1 j�� .• � A���%�01 1*jam:d i P D,/ ��� �` yyE �� �I WmDf'I o ��• Ord 4 � ■ / • /or- . Wm 0 �i., 2000 0 2000 -- -- CREEKS MARTIN MARIETTA i//// PRIME FARMLANDS AMERICAN STONE QUARRY ,[ * STATE AND LOCALLY IMPORTANT FARMLANDS FARMLAND DESIGNATION Orange County, North Carolina -------- SITE BOUNDARIES FIGURE 3.6 3.5 Physical Environment 3.5.1 Existing Water Quality This project is located within the Phil's Creek sub-basin of the University Lake Watershed, a designated water supply watershed (Figure 1.2). The quarry operation uses process water to wash certain sizes of its product. This water is pumped from the third settling pond (as shown on Figure 3.7) to the wash screen. Water from this pond is also used for dust suppression at the plant. From the wash screen the water enters the first of the three settling ponds where the majority of the solids settle out. From that pond it flows to the second pond for further settling, and finally to the third pond for storage and reuse. Water in the third pond is clear and free from suspended solids. This process water is not discharged at all, but kept in a closed circuit. As needed, solids are removed from the first settling pond by dragline. The quarry also pumps water from the pit, particularly during periods of heavy rainfall. This water, which is mostly rain water and partially ground water, flows to a sump settling pond before it is pumped either directly into Phil's Creek pursuant to the General Permit or to the third settling pond for use in the plant process. University Lake and Cane Creek Reservoir are the primary sources of water supply to the Chapel Hill-Carrboro urban area. The OWASA Quarry Reservoir at the project site serves as supplemental raw water storage of 200 million gallons which can be released to University Lake via Phil's Creek. Protection of both the quantity and quality of surface water and groundwater supplies within the University Lake Watershed is essential for provision of adequate supplies of good quality drinking water. A. Surface Water Quality The waters of the river basins of the State of North Carolina are classified "based upon the existing or contemplated best usage of the various streams and segments of streams in the basin". The water quality classifications for fresh waters in North Carolina are listed in Table 3.5. 3-12 • - — _ \ // . \ '1 ' / .- .:',, —J ■ \ \ 1 ' 1`. ''•'.:--. . . 4 SUMP• -- \ 1\ 1' \v ,/// // " ; 1 __.7; I/ 1 1• /' / / I a: 1 • N tT N \\ I IFS 1 sh \ /SETTLIN G\ 1` ' ^�� ;M. PONDS '''''.7.,:. L -. . \\• . . (_\ . .,-.. \ ( ‘:','.,. ,._) \\,; .\ �` . 7 NK"c' \ • i LEGEND MARTIN MARIETTA PROPERTY LINE AMERICAN STONE QUARRY PIT LIMITS EDGE OF WATER SEDIMENT PIT (EXIST) EROSION CONTROL PLAN Orange County, North Carolina FIGURE 3.7 TABLE 3.5 NC WATER QUALITY CLASSIFICATIONS Class WS-I: Waters protected as water supplies which are within essentially natural and undeveloped watersheds. No development is allowed. No wastewater discharges allowed except groundwater remediation discharges if no other alternative is available. Class WS-II: Waters protected as water supplies which are generally in predominately undeveloped watersheds where a WS-1 is not feasible. Density of development is restricted. Only General Permits and permitted stormwater discharges allowed. No new industrial or domestic wastewater discharges allowed in entire WS-II watershed. Groundwater remediation discharges allowed when no alternative. Class WS-III: Waters protected as water supplies which are generally in low to moderately developed watersheds where a WS-I or WS-II is not feasible. Density of development is restricted. General Permits and permitted stormwater, domestic and industrial nonprocess discharges allowed in entire watershed. No new industrial process discharges permitted in Critical Area or rest of watershed. Class WS-IV: Waters protected as water supplies which are generally in moderately to highly developed watersheds or are segments of large drainage areas where a WS-I, II, or Ill is not feasible. Density of development restricted only on new projects requiring a State or local Sedimentation and Erosion Control Plan. All types of wastewater discharges are allowed, but new industrial process discharges in Critical Area must meet additional treatment requirements. Class WS-V: Waters protected as water supplies which are generally upstream and draining to Class IV waters or waters used by industry to supply their employees with drinking water. WS-V has no categorical restrictions on watershed development or wastewater discharges like the other WS classifications. No restrictions on development. No categorical restrictions on wastewater discharges but instream water quality standards for WS waters must be met. Class B: Waters used for primary recreation and other uses suitable for Class C. Primary recreational activities include swimming, skin diving, water skiing, and similar uses involving human body contact with water where such activities take place in an organized or on a frequent basis. No specific development restrictions. No categorical restrictions on wastewater discharges, however discharges may be subject to treatment reliability requirements. Class C: Freshwaters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture and other uses suitable for Class C. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental basis. No specific development restrictions. No categorical restrictions on wastewater discharges, however all discharges to State surnce waters must meet certain •atment standards. Source: High Quality What?: A Guide to Surface Freshwater Classifications in North Carolina, Land-of-Sky Regional Council, September 1992. 3-13 rl Phil's Creek and all other tributaries to University Lake are classified as WS-II and are also subject to special nutrient limitations due to a NSW (Nutrient Sensitive Waters) designation. The WS-II classification, as described in Table 3.5, is assigned where a WS-I is not feasible due to the level of existing development. "General" discharge permits and permitted stormwater discharges are allowed. Martin Marietta currently has a National Pollutant Discharge Elimination System (NPDES) General Permit for the American Stone Quarry. National Pollutant Discharge Elimination System (NPDES) General Permit No. NCO2000 has been issued for the American Stone Company Quarry site. The effective date on this permit is September 1, 1992 and allows Martin Marietta Aggregates to continue operation of a treatment system for mine dewatering with discharge of treated wastewater and stormwater from the American Stone Quarry site to receiving waters designated as Phil's Creek. A copy of this permit along with effluent limitations, monitoring requirements, and other conditions can be found in Appendix C of this document. As a condition of the NPDES Permit, Martin Marietta Aggregates shall develop and implement Best Management Practices (BMP's) to ensure that contaminants do not enter surface waters via raw materials, intermediate products, finished products, by-products or waste products located on the site. Implementation of the Erosion and Sedimentation Control Plan and management practices set forth in the mining permit approved by the Division of Land Resources is also considered a requirement of the NPDES permit. Additional requirements of the NPDES permit include that equipment used for the mining activities be operated and maintained such that the pollution (potential or actual) of the surface or ground waters of the State be prevented. The NPDES permit also prohibits the discharge of fuels, lubricants, coolants, hydraulic fluids and other petroleum products to the ground or into surface waters, Within the first 12 months of NPDES permit coverage, all above ground bulk storage of petroleum products and storage of Section 313 Water Priority Chemicals shall have secondary containment devices to prevent leaks and spills from contaminating stormwater runoff. The NPDES General Permit also sets guidelines regarding the minimum monitoring of stormwater discharges, sampling, reporting requirements and records for inspection. These guidelines are described in detail in the National Pollutant Discharge Elimination System (NPDES) General Permit Part 1, Section B included in Appendix C. 3-14 • According to OWASA and the North Carolina Department of Environmental Health and Natural Resources (NCOEHNR), there has been no water sampling, chemical analysis, or benthic surveys conducted on Phil's Creek near the quarry site. OWASA has, however, sampled Phil's Creek as part of an agricultural water quality survey during the months of September and October, 1991 south of the quarry site. The sampling locations were at Neville Road and just above the Phil's Creek confluence with Neville Creek. The results of these analyses concluded that for the parameters tested, no apparent effect upon water quality could be attributed to upstream quarry or asphalt plant operations. Water samples from the Quarry Reservoir collected by OWASA periodically between 1988 and 1991 were analyzed for 49 volatile and synthetic organic chemicals. In no instance were any of these substances measurable above their analytical detection limits of 0.5 parts per billion. Downstream water and bottom sediment from University Lake have been collected periodically since 1988 by the US Geological Survey through OWASA's participation in the Triangle Area Water Supply Monitoring Program. Samples have been analyzed for numerous metals, pesticides, herbicides, volatile and other synthetic organic compounds. Virtually all substances have been below the limits of detection in water samples. Trace amounts of certain pesticides and other organic residuals have been measured in bottom sediments, but in no cases have these occurred at concentrations above background levels measured elsewhere in the Triangle Area. Environmental monitoring efforts undertaken in the Quarry Reservoir, Phil's Creek, and University Lake have revealed no water quality effects attributable to the existing quarry or asphalt plant operations. B. Groundwater The classifications of groundwater in North Carolina as determined by the Division of Environmental Management and described in North Carolina Administrative code T15: 025.0200 are listed in Table 3.6. • 3-15 If TABLE 3.6 NC GROUNDWATER CLASSIFICATIONS Class GA Waters: The best usage for this class of waters is as an existing or potential source of drinking water supply for humans. This class is intended for those groundwaters in which chloride concentrations are equal to or less than 250 mg/I, and which are considered suitable for drinking in their natural state, but which may require treatment to improve quality related to natural conditions. Class GSA Waters: The best usage for this class of waters is as an existing or potential source of water supply for potable mineral water and conversion to fresh waters. This class is intended for those groundwaters in which the chloride concentrations due to natural conditions are in excess of 250 mg/I, but which otherwise may be considered suitable for use as a potable water after treatment to reduce concentrations of naturally occurring substances. Class GC Waters: The best usage of this class of waters is as a source of water supply for purposes other than drinking. This class includes those groundwaters that do not meet the quality criteria of waters having a higher classification and for which efforts to restore in-situ to a higher classification would not be technologically feasible, or not in the best interest of the public. The quarry site is located on the southwest end of a small occurrence of Andesitic tuff. This formation has been described by Allen & Wilson (1968) as "Andesitic to dacitic medium to dark greenish-gray lithic tuffs, crystal lithic tuffs and tuff breccias, locally containing lahars". It is one of several volcanic and volcano-clastic formations found in this part of Orange County. At the quarry site the rock is weathered to a depth of approximately thirty (30) feet and appears to be well fractured. Despite the fractured appearance, the existing quarry pit has few areas of water seeps. Those few seeps appear to be mostly confined to the southwest end of the quarry. The low water yield of the quarry is consistent with the generally low water productivity of these tuffaceous rocks. 3-16 As a general rule, a quarry in a granite or hard rock formation such as the one at The American Stone Company will affect the water table out from the edge of the pit for a distance equal to the depth of the pit. Therefore, we would not expect any change of the water table beyond about 250' from the edge of the pit. There are no existing wells in that perimeter area. The closest groundwater uses to the existing quarry site are mobile home owners along SR 1104 at the northeast tip of the quarry. Groundwater for these mobile homes appear to be supplied from a community well along SR 1104 about 650 feet from the edge of the quarry. There has been no reported problems with this well either in quality or quantity of water over the more than 20 years the quarry has been in operation. Within Orange County, the quality of groundwater is considered to be good. There are, however, localized areas that experience high amounts of iron, chloride and/or hardness-causing constituents. In most cases, however, the groundwater is suitable for consumption with little or no treatment. 3.5.2 Floodplains The locations of the 100-year floodplains in the project area, as determined by the Federal Emergency Management Agency (FEMA), are shown on Figure 3.8, The areas shown are those that are likely to flood upon occurrence of a 100-year storm event. The 100-year floodplain along Phil's Creek in the project area has an average width of 150 feet. It is likely that the 100-year floodplain extends further toward the upper reaches of Phil's Creek north of SR 1104, but this area has not been studied by the Federal Emergency Management Agency. It can be assumed however, that the floodplain north of SR 1104 would be less than 150 feet wide. The wetland areas along Phil's Creek to the north and south of SR 1104 are such that they would provide excellent flood control areas. In addition, if Phil's Creek overflows north of SR 1104, the floodwater would flow into the quarry pit and reduce storm flooding further downstream. The existing quarry in essence will serve as a flood control system. 3.5.3 Hydrology and Drainage According to OWASA historical records (1890 to present), total annual precipitation in the project area averages 46.65 inches, Runoff flows into a network of waterways to the Cape Fear River and eventually into the Atlantic Ocean at Wilmington, NC. 3-17 LIMIT TO STUDY -' Ni,,, ,....,,,...... . .. , :„......T..„... : . . 1104 S.R. 1103 i 1 (' ? • �5 �� . "�- G .ice --�' ��" / / DI L,` . I NIB ...,_,:.,.,....,:y\ ;mss .. s •� > � FS 2000 0 2000 — ------- CREEKS MARTIN MARIETTA <s:>> j FLOODPLAINS AMERICAN STONE QUARRY FLOODPLAI NS Orange County, North Carolina Isi. -------- SITE BOUNDARIES FIGURE 3:8 The major stream in the project area transporting runoff is Phil's Creek. Phil's Creek flows through the quarry area in a southeasterly direction emptying into University Lake. University Lake is one of two water supply sources for Orange County residents. At the quarry site Phil's Creek is bordered by a 50 foot stream buffer area. Within protected watershed districts, areas of land along perennial streams are required to remain in their natural state unless the area is subject to serious erosion, in which case an erosion resistant vegetative cover shall be established and maintained. These areas are referred to as stream buffers. The ground cover in the stream buffer area slows the velocity of runoff and allows water to infiltrate into the soil where natural bacterial and chemical processes can change or trap pollutants before they reach the stream. These stream buffers are required by Orange County in an attempt to capture non- point source pollutants. Drainage in the quarry project area is towards Phil's Creek with the area adjacent to the quarry pit draining into the pit. Water collected in the pit is pumped to one of three holding/settling ponds. Water from these ponds is used in the plant crushing operations to control particle air pollution and is returned to the holding/settling basin where the solids settle and the water is recycled through the plant. As a precaution against fuel contaminants at the new asphalt plant, the entire area in which fuels and asphaltic materials will be stored, processed, and handled will be graded so that natural surface flows will be directed to a holding pond and any oil which might enter this pond will be removed. The clean water from this pond will pass through an inverted siphon to a sedimentation basin which will hold any soil which might be present in the runoff water. This basin will be protected from having oil enter it, therefore, no liner is needed. In accordance with requirements of the North Carolina Department of Environmental Health and Natural Resources, erosion control structures have been placed at appropriate locations outside the buffer along Phil's Creek. Runoff is directed to these sediment basins and is filtered prior to entering the buffer area and on into the creek. The erosion control structures are highlighted in Figure 3.7. The Erosion and Sedimentation Control Plan for the quarry, which is included in the mining permit approved by the Division of Land Resources, is also considered a requirement of the NPDES General Permit. Guidelines in the NPDES General Permit require that all erosion and sedimentation control facilities be inspected every 7 calendar days and within 24 hours after any storm event that results in a discharge of stormwater runoff from the site. The stormwater runoff discharges shall be inspected by visual observations and the permittee shall keep a record of all 3-18 inspections. If any visible off-site sedimentation is leaving the property, action will be taken to reduce the discharge of sediments. The entire Erosion Control Plan for the new asphalt plant has been designed so that no soil or petroleum products will either enter the soil or be carried offsite in stormwater runoff. The plan provides for silt fencing and a settling pond during the construction phase. The completed site will have a total of three ponds to contain runoff water. Any earthen berms and land disturbance areas will be vegetated in accordance with the Soil Erosion Control Plan for the project as detailed under the Seedbed Preparation and Seeding Schedule. In consideration of the plant's sensitive location, the usual industry practice of spraying haul-truck beds with a petroleum-based solvent to prevent adhesion will not be followed, but a biodegradable product will be used instead. 3.5.4 Air Quality Consultation with NCDEHNR Air Quality Section provided information on air quality non- attainment areas within North Carolina. Nonattainment refers to the inability of a given area to control or maintain concentrations of pollutants in ambient air that are below the National Ambient Air Quality Standards (NAAQS) set by the U.S. Environmental Protection Agency (EPA). When air monitoring systems measure concentrations of pollutants exceeding the NAAQS, EPA can classify the area as "nonattainment" and require governing bodies to implement measures to improve the air quality. The project area's location rests well outside of any designated nonattainment area. Table 3 provides a list of nonattainment areas within the State. 3-19 TABLE 3.7 AIR QUALITY NONATTAINMENT AREAS STATE OF NORTH CAROLINA NONATTAINMENT FOR CARBON MONOXIDE (00) Durham County Forsyth County Wake County NONATTAINMENT FOR OZONE (03) Davidson County Davie County (Portion) Durham County Dutchville Township Forsyth County Gaston County Guilford County Mecklenburg County Air emissions at the quarry site are predominately particulate matter originating from quarry vehicle movement and crusher operations. These emissions are controlled by "watering down" the haul roads and by spraying water on the crusher and screening mechanisms. This water is pumped from the settling/holding basins located on the quarry site. Water in these basins is obtained by pumping rainwater runoff out of the quarry pit. Water from the stone washing operation is returned to the pond where the suspended particles settle. The water is then recycled through the system and is not discharged. Similar activities are used at the asphalt plant to control particulate emissions. 3.5.5 Hazardous Materials Operations at the quarry and asphalt plant include the use of some materials that may be considered hazardous. 3-20 Quarry Site One 17 gallon drum of parts washer, considered to be hazardous by current EPA regulations is used or stored upon the property. This single drum is owned by Safety Kleen, and at regular intervals they pick it up for recycling and replace it with a new drum. At the quarry, fuels and lubricants required to operate quarry vehicles and plant equipment are stored. These substances are considered hazardous due to their flammability, According to the Spill Prevention Control and Countermeasures Plan developed for the quarry, these materials include two 10,000 gallon diesel fuel tanks, one 3,000 gallon gasoline tank, one 550 gallon waste oil tank, three 550 gallon bulk oil tanks and one 275 gallon Kerosene tank. All tanks are above ground structures, The diesel, gasoline and waste oil tanks are housed together in a single concrete containment structure with adequate volume to contain a spill from the largest unit, plus freeboard. The bulk oil tanks are housed in a separate concrete containment structure of adequate volume plus freeboard. Crusher oil and kerosene storage drums possess no containment structures due to their small volume. Asphalt Plant Site The storage of liquid asphalt and diesel fuel at the new asphalt plant site has been planned with a number of back-up stages to eliminate potential environmental impacts. The storage tanks will be above-ground, mounted on a concrete pad and surrounded by a concrete containment wall capable of holding the contents of all the tanks at once. The pad will be shaped to direct all internal flows to a concrete sump so that any spilled fuel materials may be removed. Small amounts of fuel would pass on to the oil/water separator, and large amounts could be pumped from this same pipe. The fuel storage area is planned to contain a worst-case spill (the case that all tanks are completely full, and then completely emptied by accident). In front of the fuel storage area will be a large concrete pad on which fuel trucks will park while filling the tanks, and where oil changes on equipment may be performed. Any spills in this area would pass to a sump, and then be sent to the oil/water separator. All petroleum products from the separator will be put in a waste-oil tank which will have its contents regularly removed from the site. The clean water from the separator will be put in a pond containing two devices to protect against oil pollution. The first, an inverted siphon, will allow water from under the pond's surface to be discharged to a settling basin, thereby preventing any oil on the surface of the pond from flowing out. Additional precautions against contamination of the pond involve the placement of oil-absorbing materials on the pond surface to take up any oil on the surface. These materials 3-21 will be collected regularly and disposed of away from the site. During periods of high rainfall runoff. any clarified overflow from the sedimentation pond will be discharged to Phil's Creek. No explosives are stored at the site. Materials used in blasting operations are transported to the site on the morning of the day they are to be used and unused materials are returned to the supplier that afternoon. See Section 3.5.7 for more details concerning the use of explosives at the site. Certain hazardous materials are used at the asphalt plant. The largest quantities are asphaltic cement and diesel fuel. Lubricants and solvents are also used but in small quantities. The diesel fuel is stored on site in a 10,000 gallon above ground storage site. The asphalt plant area is sloped so any spill from these tanks would be contained on-site within a spill containment basin The product produced at the asphalt plant is asphaltic concrete. The principle ingredients of asphaltic concrete are dried aggregate (stone) and asphalt cement. The aggregate must be dried to at most 1% moisture content to produce an adequate asphaltic concrete. This is an important step in the process since asphalt cement will not adhere to water. Drying is accomplished in a drying drum that rotates while a large diesel fuel burner provides a flame that dries the aggregate Asphalt cement in its natural state is a highly viscous semi-solid and therefore must be heated to approximately 300°F so it can flow smoothly and mix with the aggregate. Asphaltic cement in its unheated state is a semi-solid odorless material which is black in color. This material Will not present an environmental hazard should a spill occur since the asphaltic cement will turn into a semi-solid once it coots and can be easily recovered. Asphaltic cement is insoluble in water and, since it is a semi-solid, it will not penetrate the ground to contaminate soils or groundwater The cement is stored on site in two 18,000 gallon above ground storage tanks. The tanks are heated by several coils of fuel oil that wrap around the tank. One benefit of the installation of a modern plant will be the lessened fire hazard. The present plant is the only one left in the Nello Teer organization that has an external heating system for the base material. Because it is external to the storage tank, it must achieve very high tempera:'.•es in order to raise the temperature of the stored asphalt enough to make it liquid. The new internal heating system requires temperatures only half as high as the external system and, being fully enclosed, does not present the fire hazard of the old external system. Its lower operating temperature also prevents cooking of the heat-transfer tubes, another fire hazard. Exhaust gasses from the asphalt plant are passed through the baghouse system thereby cleaning 3-22 emissions: the total gas emissions of the plant should be equivalent to those arising from heating a 3,000 square foot residence. In October, 1985 a fatal fire and explosion occurred in the asphalt heating system. More than 95 percent of the approximately 400 gallons of spilled fuel oil was contained behind an earthen berm as firefighters used between 30,000 and 40,000 gallons of water to hose down the flames. This material was subsequently cleaned up and disposed of off site under direction of the North Carolina Division of Environmental Management. No contamination occurred to either Phil's Creek or OWASA's Quarry Reservoir. In February, 1992 an Environmental Site Audit was performed for the entire asphalt plant site by consultants hired by the Nello Teer Company. Twenty-four soil borings were performed and samples were taken for laboratory analysis, All soil samples and borings were screened for volatile organic compounds. Boring readings and analytical results indicate two areas of concern. The first area was at the concrete pad where asphalt truck beds were sprayed with fuel oil (a practice no longer used). The second area was at the spill containment basin. Contaminated soil was removed from these areas and the area resampled. Analytical results confirmed that all contamination had been removed. 3.5.6 Noise Noise in the project area is typical of that attributed to a rural land use. In such a setting, residents experience intermittent increases in noise levels attributed to traffic on nearby roads or the passing of a low flying aircraft. At the project site there are several sources of noise. These include trucks entering and exiting the quarry, stone crushing and screening activities, mining equipment loading and hauling rock out of the quarry pit and blasts which occur on the average 1 1/2 times per week and last less than 1/4 of a second. However, due to the fact that noise travels in a straight line and the site is almost entirely bermed, noise generated at the site is muffled to background levels at which it is experienced by residents of the project area. To demonstrate this, sound level measurements were taken at various locations in the project area on March 3, 1992, Measurements were taken when the quarry was in full operation utilizing a General Radio Type 1565A Sound Level Meter set to read in the A scale or that scale most representative of the human ear. The meter was calibrated prior to use 3-23 using a General Radio Sound Level Calibrator Type 1562-A. Weather conditions were excellent, with sunny skies, temperature in the 70's and no wind. Results of the survey are presented in Table 3.8, Monitoring locations are illustrated in Figure 3.9. Analysis of the survey indicates that residential areas surrounding the quarry do not experience noise level increases that would detract from the rural land use. Table 3.9 is a listing of decibel readings associated with common, everyday activities and is provided so the average reader can equate noise levels readings with these activities. 3-24 TABLE 3.8 NOISE MONITORING RESULTS AMERICAN STONE QUARRY MARCH 3, 1992 MAP# LOCATION NOISE READINGS (dBA) A Scale Slow Response 1 Center of crushing plant in operation 88 2 On haul road, 250' from jaw crusher 62 3 Middle of pit - drilling, dropball, loading, etc. 68 4 In front of shop, 500' from plant 70 5 At office scales - No truck 58 - Truck approaching office 73 6 At entrance road on Hwy. #54 - Normal traffic 74 - Truck traffic 88 7 Intersection of Hwy. #54 and SR 1104 - No traffic 61 - Normal traffic 80 8 SR 1104 and Phil's Creek - No traffic 56 9 On top of back berm - Pit in full operation 64 10 On back side of same berm 47 11 Western property line 48 12 Property line at Phil's Creek 48 13 1st House trailer on SR 1104 47 14 Intersection of SR 1104 & SR 1103 - No traffic 49 - Car passing 73 15 Trailer Park - Nellie Gray Court 44 16 Ester Drive at yellow house 46 - With bird chirping 51 17 End of Ester Drive 45 18 Cul-de-sac at end of Greenfield Road (SR 1207) 47 With pit truck pulling grade 47 19 Middle distance on Greenfield Road 49 20 At Hwy. #54 and Greenfield Road - No traffic 49 - Normal traffic 49 3-25 0 C r - 0 o Qa z o F~- � C 0 w c3 O & o Z • O a Z O ri U � z w 0 17 • `. � Q >, ZU) V = = c u) _ _ O o s H z W or , � U Q V --:::_____,,.. 2 EE — O 1 c • r \-74, r \ Q a O -5 < ■:.. . ,3 ^'':�,1ik4 lJ N .: 1 y�•,• - c N,> 3 \'----\ ,, �} C I I I J\ 4 W U/ I\--- i C v IY) _ i 60! ' _ J N l y -■ 30: 3U XLJ 3. .t., O = ® O0, N C _ . \ ■ G . o _ �\ �$NZ 0 1 `1C �r 1;y, \ Z I C..r.........„.. z � 'N K 1, _ O \ -\ i -. 411 _ O E- / O = c .'", t i... 0 , I O _Z/ I \. W a / • TABLE 3.9 NOISE LEVELS OF COMMON ACTIVITIES Noise Level Common Outdoor Activities (in dBA) Common Indoor Activities Motorcycle revving up - 110 - Rock Band Jet Flyover at 1000 ft. - - - 100 - Inside Subway Train (NY) Gas Lawn Mower at 3 ft. - - - 90 - Diesel Truck at 50 ft. - - Food Blender at 3 ft. Noisy Urban Area (Daytime) - 80 - Garbage Disposal at 3 Shouting at 3 ft. Gas Lawn Mower at 100 ft. - 70 - Vacuum Cleaner at 3 ft. Commercial Area - - Normal Speech at 3 ft. Heavy Traffic at 300 ft. - 60 - - - Large Business Office Quiet Urban Daytime - 50 - Dishwasher Next Room Quiet Urban Nighttime - 40 - Small Theater, Large Con- ference Room(background) Quiet Suburban Nighttime - - - Library - 30 - - - Bedroom at Night Quiet Rural Nighttime - - Concert Hall(background) - 20 - - Broadcastand Recording Studio - 10 - - 0 - Threshold of Hearing Source: Federal Highway Administration, Federal-Aid Highway Program Manual Volume 7, Chapter 7, Section 3, 1982. 3-26 3.5.7 Blasting The sole purpose of blasting at rock quarry sites is to break the rock loose from its geologic formation and permit easy processing. Blasting is still the only means available to free the rock and is undertaken only when the need for material requires it. A common misconception is that blasting is an uncontrolled activity. Blasting is planned and engineered to produce the quantity, quality and size of product needed. Each blasting event is specifically designed on the type of material present in the blast area and the size of stone required. These requirements determine the number, depth,and spacing of the 5-1/2"bore holes to receive the explosive charge, the amount of charge to be placed in each bore hole and the sequence of the explosions. Sequence of explosions is the interval and order in which each bore hole will be detonated. All bore holes do not detonate at one time but detonate milliseconds apart. Sequencing is accomplished at the quarry by two mechanisms: time delayed blasting caps and computerized detonation system. The purpose of each is to produce a number of smail explosions rather than one large one, thereby reducing vibrations and hazards and intentionally creating blast waves which cancel each other out. To accomplish this, the engineered bore holes are filled with approximately 5 feet of high explosive material followed by a time delayed cap (normally 8 millisecond delay). On top of this cap is placed approximately 23 feet of insensitive explosive material consisting of fertilizer and fuel oil. This material is hauled to the site the morning of the blast in a specialized truck which keeps the fertilizer and oil separate until it enters the bore hole. A second time delayed blasting cap is placed on top of the fertilizer followed by another 5 feet of high explosive and capped off with 15 feet of aggregate and fine screening to form a plug. The purpose of the second time delayed blasting cap is "fail safe" to insure detonation. During detonation an electrical current is sent to the blasting cap which detonates the high explosive, thereby detonating the insensitive explosive. With 8 milliseconds,a second bore hole would detonate and so on until all bore holes are detonated. During normal operations of the quarry, blasting will occur approximately 1-1/2 times per week with a duration of approximately 1/4 second per blast. Prior to blasting events, a seismograph is placed in the quarry area at different locations for different shots to determine ground motion and air pressure pulse caused by the event. Although locations of these instruments vary, one is located on quarry property while others are located off site. The U.S. Department of the Interior, Bureau of Mines Reports of Investigations, RI 8506 3-27 „ and RJ 8507 are the current standards for defining methods of monitoring ground motion and air blast respectively. The U.S. Bureau of Mines has developed standards for ground motion caused by blasting events. These standards were developed as a result of extensive testing and analysis of various blasting conditions and are calculated so that damage to properly built structures will not occur if sucn standards are met. According to U.S. Bureau of Mines, Bulletin 656, blasting limit of 2.0 inches per second peak particle velocity is a safe level of ground movement for structures. The Nortri Carolina Division of Mines has adopted regulations reducing this ground motion limit to 1 inches per second. Martin Marietta has set an internal company limit for ground motion of inches per second. A history of seismograph recordings at the American Stone site show trat Martin Marietta has never exceeded this .50 inch per second limit, An independent analysis for ground vibration performed in October 1992 measured two locaticrs within the American Stone Company property during two separate blast events. At the vicfn,*i of the quarry main office (approximately 1800 ft. from the blast) the maximum estimated magnitude of ground velocity was 0.1 in./sec. At the rim of the pit (approximately 925 ft. away from the blast), the maximum estimated magnitude of ground velocity was 0.2 in./sec. The damage threshold (the magnitude of ground vibration at which damage can be expected) is in./sec., and therefore typical blast events at the quarry are not likely to cause any structura/ damage to nearby residential property. North Carolina Division of Mines guidelines for air blast limits are set at 128 dBL. A history blast waves monitoring indicates that American Stone Company has never exceeded this limit the quarry property. American Stone Company maintains files with respect to blast activities ar monitoring. These records are available for inspection. 3-28 4.0 ENVIRONMENTAL CONSEQUENCES This section evaluates the environmental effects that can result from implementation of the alternatives present in Section 2.2. Environmental consequences examined will include affects on: social and economic resources, land use, cultural resources, natural resources, energy, aesthetics, and construction. Section 4 also addresses the irreversible and irretrievable commitment of resources, the relationship between short-term impacts and long-term benefits, and the proposed action's compliance with Orange County land use goals. 4.1 Socio-Economic Characteristics Implementation of the preferred expansion alternative, the residential use alternative, or the agricultural use alternative would not result in effects to the social aspects of the area such as community cohesion or access to neighborhoods. Positive effects are expected concerning economic characteristics. The proposed expansion would lengthen the life of mining activities, providing additional tax base and employment opportunities for Orange County both directly and indirectly through supply of construction materials. Upon completion of quarry activities, the additional storage afforded by expanded reservoir capacity will provide additional high quality water for southern Orange County at little capital cost to the public. This expanded storage capacity will be needed to meet water demands of the future in southern Orange County. Disadvantages of implementing the"No-Action", Residential or Agricultural Use Alternatives would be the increased cost of stone and asphalt required for construction projects in Orange County and no additional reservoir capacity. Increased cost of stone and asphalt is directly related to increased hauling costs from the next nearest quarry. The effect would be an increased cost on construction projects which would be passed on to the consumer in the form of increased costs for building projects (i.e. houses, driveways) and increased expenditures for public projects. 4.2 Land Use The proposed land use (mining activities) and the relocated road are not anticipated to have any adverse affects on the surrounding land uses. Area traffic patterns are expected to remain similar to existing patterns since the roadway relocation is minor in nature. 4-1 As noted in Section 2.0 of this report, the Residential alternative could provide up to 17 new single family residences in the area, and would add from 31/2 to 5 more acres of impervious surface to the University Lake watershed, Neither of these effects would occur under the No- Action, Agricultural, or Quarry Expansion Alternatives. According to the "University Lake Watershed Study" prepared for OWASA in 1989, pollution loadings of total phosphorus and total nitrogen are higher for agricultural land use (conventional tillage crops) than for heavy industrial land use. These higher pollution loadings of total phosphorus and total nitrogen result from applications of fertilizer to agricultural crops and can degrade the quality of water in the receiving bodies of water. 4.3 Cultural Resources 4.3,1 Schools, Churches and Cemeteries Since there are no schools located in the vicinity of this project, there will be no adverse affects on school facilities due to construction of this project. The two churches near the project area, Bethel Baptist Church and Hickory Grove Baptist Church along with their associated cemeteries (see Figure 3.3), will not be adversely affected by the proposed expansion alternative since they are located more than 2000 feet from the potential quarry area and on the portion of SR 1104 that will not be realigned. Also, the section of SR 1104 that is relocated will not result in significantly longer trip lengths. The unnamed cemetery located on the quarry property will not be affected by the relocation of SR 1104, the expansion of the mining area, or the relocation of the asphalt plant. Since noise generated by quarry and asphalt operations would occur during weekday work hours and church activities normally occur during the evening hours and on weekends, no adverse affects are expected due to these activities. 4.3.2 Parks and Recreational Open Space The closest area according to the "Orange County Master Recreation and Parks Plan" that is designated for a future park is near the community of White Cross. This project will not affect the construction or use of this park. 4-2 4.3.3 Historical and Archaeological Resources Since there are no properties in the project area that are on the National Register of Historic Places, nominated for the National Register or on the State List, there will be no affect on historical resources due to construction and implementation of this project. There are also no documented archaeological sites located in the project area. 4.4 Natural Resources This section examines affects to the various aspects of the natural system identified in Section 3.4, which result from the "No-Action", Agricultural Land Use and Expansion Alternatives. 4.4.1 Threatened and Endangered Species No rare, threatened, or endangered species were identified by literature search in the vicinity of the proposed action, therefore no listed species will be affected by the Alternatives. 4.4.2 Critical.Habitat Since no rare, threatened or endangered species were identified by literature search in the study area, no critical habitats will be affected by the alternatives. 4,4.3 Rare or Unique Natural Resources As stated in Section 3.4.3, no areas of rare or unique natural resources were identified in the study area. No effects to the identified "wildlife corridor" are expected due to the proposed project. 4.4.4 Wetlands Quarry expansion, roadway and asphalt plant relocation will avoid quality wetlands and minimize impacts where possible. Jurisdictional wetlands as defined by Section 404 of the Clean Water Act were identified by the Corps of Engineers during site inspections in July and October, 1991 The expansion alternative will result in the loss of only 1/4 acre (approximate) of jurisdictional wetlands, Loss of these wetlands has been approved by the Corps of Engineers under Nationwide Permits 14 and 26. 4.4.5 Farmlands Although all of the soil units in the project area are considered important farmlands by the Soil Conservation Service (see Table 3.4 and Figure 3.6), none of the acreage in the project area is 4-3 currently under productive agricultural use. Therefore, expansion of quarry operations, the asphalt plant and the road relocation, will not remove any farmland acreage from current production. 4.5 Physical Environment 4.5,1 Water Quality Impacts A. Surface Water Short term degradation upon surface water quality within the project area is possible with the expansion, residential use and agricultural use alternatives due to soil erosion and sedimentation. Uncontrolled erosion and sedimentation can destroy aquatic algae, eliminate benthic macroinvertebrate habitat, eradicate fish spawning habitat and remove food resources for many stream species. Mitigation practices should include protection of stream bottom habitat from siltation by sedimentation control, retention of riparian vegetation buffers, and restoration of linear feet of stream bottom habitat taken by the various alternatives. Stormwater runoff from roads may carry elevated quantities of silt, heavy metals, petroleum products, nitrogen, and phosphorus. This can potentially degrade water quality and habitat integrity. However, since relocated SR 1104 will not vary significantly in size or design from the existing roadway, there will be minimal net increase in impervious roadway surface and,therefore, no increase or change in runoff impurities is expected. Similarly, the expanded quarry and relocated asphalt plant will result in no net increase in impervious areas beyond those of the existing quarry and asphalt plant. Mitigation measures for all alternatives which may be used include minimizing soil exposure by the staging of grading and revegetation, controlling runoff by interception and/or diversion, and shielding the soil surface by applying surface covers. Silt fences, erosion screens, and bale barriers will be installed, if necessary, to slow or deter erosional processes. Also, provision of grass shoulders, grass-lined ditches, and vegetation buffers to intercept highway runoff will reduce impacts to surface water quality. Stormwater runoff from exposed areas adjacent to the expanded quarry will flow into the pit, and then be recycled as process water or discharged to Phil's Creek pursuant to conditions of the NPDES General Permit (See Section 3.5 of this report). Properly implemented spill prevention plans for the quarry and asphalt plant should prevent pollutants or petroleum products from entering and contaminating the surface water resources of the area. For more information regarding these plans, see Section 4.5.3. 4-4 The entire erosion control plan for the asphalt plant has been designed so that no oil or petroleum products will either enter the soil or be carried offsite in stormwater runoff. The plan also provides for silt fencing and a settling pond during construction phase. The completed site will have a total of three ponds to contain runoff water. Any earthen berms and land disturbance areas will be vegetated in accordance with the Soil Erosion Control Plan, as detailed under the Seedbed Preparation and Seeding Schedule. In consideration of the plant's sensitive location, the usual industry practice of spraying haul-truck beds with a petroleum-based solvent to prevent adhesion will not be followed, but the asphalt plant will use a biodegradable product instead. Erosion and sedimentation will occur during the construction of all alternatives. For this reason. an erosion control schedule will be devised by the contractor using the engineer's erosion and sediment control plan as a minimum, before work is started. The project will be completed in accordance with Article 107-13 of the Standard Specifications which is entitled "Control of Erosion, Siltation and Pollution", The N.C. Division of Highways has also developed an Erosion and Sedimentation Control Program which has been approved by the N.C. Sedimentation Control Commission. The contractor shall maintain the earth surfaces of all waste areas, both during the work and until completion of all seeding and mulching, or other erosion control measures specified, in a manner which will effectively control erosion and siltation. B. Groundwater Lateral expansion of the quarry pit will cause an attendant spread of the dewatered area around the periphery of the pit. Based upon past experience of the effects of quarry excavation on groundwater supplies, the dewatered area is expected to extend outward from the quarry face a distance equal to the depth of the quarry. At this site this zone potentially could extend approximately 250 feet beyond the quarry face. There are no known groundwater users at the northwest end of the property who would be effected. Expansion to the southeast will be toward the existing reservoir and will not be close to residents on the south side of Route 54. The closest groundwater users are mobile home owners along SR 1104 at the northeast tip of the present quarry, Water supply to these mobile homes is a community well. There have been no reported problems with this well over the more than 20 years the quarry has been in operations. In addition, the proposed quarry expansion will not move quarry operations closer to the mobile homes. 4-5 Since much of relocated SR 1104 will require fills rather than cuts and the cuts that will be required are expected to be quite shallow, the potential for disturbing the aquifer and affecting the rate of recharge to the aquifer will be low. There is not expected to be an increase in runoff pollutants from the relocated roadway since the project will not create additional traffic on SR 1104 and there will be no significant increase in impervious roadway surface as compared to the existing roadway. The asphalt plant is expected to have no adverse affects on groundwater due to the proposed spill containment features of the new asphalt plant. 4.5.2 Floodplains A small area of existing floodplain associated with Phil's Creek may experience minor disruptions during the introduction of culvert structures at the relocated roadway. However, effects to the floodplains will be minimized by proper sizing of culverts and implementation of an erosion and sedimentation control plan and maintenance of vegetation in buffer zones. No impacts to the floodplains associated with Phil's Creek are expected due to the quarry expansion or the relocated asphalt plant. 4.5.3 Hydrology and Drainage A. Sensitive Areas Several bodies of water within the influence of the project area that could be sensitive to changes in water quality are Phil's Creek, OWASA Quarry Reservoir and University Lake. As stated previously, water sampling in Phil's Creek downstream of the project area and of the quarry reservoir have indicated that present operation at the quarry and asphalt plant have had no measurable effect upon these sensitive waters. Operations at the expanded quarry site are expected to continue as they have over the past 20 years. No water quality problems are expected. Runoff in the pit area will flow into the pit. Water removed from the pit will be pumped into holding/settling basins. Recently, Phil's Creek was reclassified to WS-II. Stormwater discharges are permitted under this classification and one point of discharge into Phil's Creek from the third settling basin has been approved. This discharge point will be carefully monitored and no adverse effects to Phil's Creek are expected. The new Nello Teer asphalt plant will be relocated to an area further from the existing quarry reservoir and Phil's Creek. In addition, the new asphalt plant has been designed with state of the 4-6 art safeguards to protect water quality. All fuel and asphalt storage tanks will be above ground, mounted on a concrete pad and surrounded by a concrete containment wall capable of holding the contents of all tanks within the containment. The pad of the containment structure will be sloped so all internal flow travels to a concrete sump for easy removal. Rainfall entering the containment structure will be passed through an oil/water separator. All petroleum products collected by the separator will be placed in a waste oil tank which will be emptied regularly. Water from the separator will be placed in a pond which will also be equipped with two devices to protect against oil pollution. The first is an inverted siphon which would permit only water from below the pond surface to discharge into the settling basin. The second device consists of placing oil absorbing material on the ponds surface to absorb any oil passed by the separator to the siphon. As a further precaution against fuel contaminants, the entire area in which fuels and asphaltic materials will be stored, processed, and handled will be graded so that natural surface flows will be directed to the pond mentioned above. The two methods described above will remove any oil which might enter this pond. The clean water from this pond will pass through an inverted siphon to a sedimentation basin which will hold any soil which might be present in the runoff water. Because this basin will be protected from having oil enter it, no liner is needed. The entire erosion control plan has been designed so that no oil or petroleum products will either enter the soil or be carried offsite in stormwater runoff, and the plan also provides for silt fencing and a settling pond for the construction phase. The completed site will have a total of three ponds to contain runoff water. Any earthen berms and land disturbance areas will be vegetated in accordance with the Soil Erosion Control Plan,as detailed under the Seedbed Preparation and Seeding Schedule. Ponds are designed to handle a 100-year storm event. In consideration of the plant's sensitive location, the usual industry practice of spraying beds of haul trucks with petroleum based solvent to prevent adhesion to the truck bed will not take place. Instead anti-adhesion will be accomplished using a non-p:fluting biodegradable product. A 401 water quality certification has been issued by the North Carolina Division of Environmental Management for the quarry portion of the project. 4-7 8, Delineation of Drainage Areas The major stream crossings for the roadway relocation were evaluated to determine contributing drainage areas and design stream flows. The design stream flows were used in preliminary sizing of culverts. Drainage areas for stream crossings were determined using the appropriate 1 inch = 2000 feet scale, 7-1/2 minute USGS quadrangle map (White Cross). C. Drainage Patterns Drainage patterns are not expected to be altered with this project. Drainage structures will be constructed to avoid major increases in flood levels and/or changes in drainage patterns Dredging and filling operations will comply with the US Army Corps of Engineers' 404 permit requirements and any other applicable standards. Nationwide 14 and Nationwide 26 Permits have been obtained for this project. The intermittent stream located at the northeast corner of the pit expansion area will be relocated to connect with Phil's Creek northeast of its present confluence. 4,5.4 Topography, Geology, and Soils The project would affect the topography, geology, and soils most significantly in the vicinity of the proposed quarry operation. Existing geologic formations would be mined resulting in the removal of soil and rock formations. Topography would also be altered with the introduction and/or expansion of the mining pit. Examination of earthwork information for the relocated roadway shows that construction would require fill to be hauled in. 4.5.5 Air Quality Since the relocated roadway is in close proximity to the existing roadway no increases of present traffic related air quality is expected. Quarry operations are also not expected to change. The expansion will only extend the life of the operation. Increases in air pollution are not expected. Air quality will be improved with the construction of the new asphalt plant. The new plant will be virtually identical to Nello Teer's Wake Asphalt Plant in Raleigh. Air modeling of this plant indicates that concentrations of particulate matter, SO2, NOx, VOCs, and CO are far less than applicable ambient air quality standards. In fact, the maximum modeled ambient concentration contributions from the Wake Asphalt Plant stack are less than the EPA's 'significant' levels, 4-8 suggesting that concentrations may be less than limits of analytical detection. Modelled concentrations of potentially toxic substances are also low. The maximum modeled concentrations of formaldehyde,beryllium,cadmium,chromium, nickel,manganese,and mercury are less than Threshold Limit Values (TLVs), and meet North Carolina toxic concentration standards. Finally, the carcinogenic risk posed by emissions from the Wake Asphalt Plant is quantified, and found to be smaller than the 1 x 10'6 (1/1,000,000) acceptable risk for each suspected carcinogen individually, and for the sum of all carcinogens, These findings indicate that the ambient concentrations of pollutants that can be expected to occur as a result of emissions from the new quarry asphalt plant will cause no adverse health, welfare, economic or environmental impact. Concern was raised by a nearby property owner as to the effects of the proposed action on a nearby pine plantation. Improved emissions at the asphalt plant should result in improved air quality at the pine plantation. In addition, an investigation was conducted and a report prepared which concluded that no adverse environmental effects should result at this location. 4.5.6 Noise The operations at the existing quarry will not change with the expansion. Movement of activities will bring noise generating equipment closer to the southeast. Evidence from the noise monitoring performed in March of 1992 indicates that this should have virtually no effect on residents to the southeast of the existing site. Noise levels are not expected to change due to the quarry expansion. Maintenance of vegetated buffer zones surrounding the quarry will abate the noise experienced at adjacent properties. Noise from quarry operations is expected to be non-existent during the sensitive evening and very early morning hours, as well as on weekends, due to the requirements of the existing special use permit. The hours of operation are from 7:00 AM to 5:00 PM (winter schedule 7:30 AM to 4:30 PM). Although construction and quarry noise impacts are expected to be minimal, there are two measures which can be used to minimize adverse construction noise at this location. They are: - Limit construction and quarry activities to daylight hours; and 4-9 - Assure that all construction and quarry equipment and machinery are equipped with mufflers in good working condition These measures will produce significant benefits in that construction and quarry noise will be minimized and will be non-existent during the sensitive evening and early morning hours. No increase in quarry traffic is expected with this expansion. Relocation of SR 1104 should produce no additional noise from motor vehicle traffic. The new asphalt plant will be equipped with new burners to reduce any noise emitted from the facility. Increased buffer or screening around the plant will also reduce off-site noise from the plant. 4.5.7 Blasting Blasting operations at the quarry will continue with the expansion. From past blasting performance at the existing site, minimal off-site affects from blasting are anticipated with the expansion (no additional effects over current levels are expected). 4.6 Energy Since daily activities at the quarry and the asphalt plant are not expected to increase with the expansion, vehicle fuel consumption and overall energy use are expected to remain at current levels. Energy consumption per unit of asphalt production at the new plant is expected to be approximately the same as at the existing asphalt plant. Vehicle fuel consumption and overall energy use should remain at current levels since the relocated roadway does not result in significantly longer trip lengths. Construction of the relocated roadway will cause a short-term increase in energy consumption. 4.7 Visual Impacts Visual impacts caused by quarry and asphalt plant activities are expected to be minimal since proper buffer zones will be maintained around these activities. Since the roadway relocation will occur in the same vicinity as the existing roadway, visual effects are expected to remain similar or improve from current conditions. The highway itself will be designed to create a pleasing park-like roadway for the driver. 4-10 Visual qualities of adversely effected areas can be mitigated by: Minimizing cut and fill slopes. Roadway alignment following the existing groundline wherever possible. Landscape planting and natural revegetation on the cut and fill slopes. Maintain landscape planting and natural vegetation in the buffer area surrounding the quarry and the asphalt plant. 4.8 Irreversible and Irretrievable Commitment of Resources Expansion of quarry activities will result in the commitment of land to be mined and the loss through mining activities of existing geologic formations and mineral resources. The resources will be used in construction activities mainly located in Orange County. Construction of the proposed roadway relocation will result in the commitment of land, proposed right-of-way, economic resources, manpower, and materials in Orange County. The eventual development of a three billion gallon reservoir from the quarry pit will result in the realization of a critical segment of the area land use goals. Irretrievable resources are anticipated to be offset by the beneficial impacts experienced by the project. 4.9 Relationship Between Short-term Impacts and Long-term Benefits Loss of geological resources are expected to be minimal relative to the abundance of similar resources available in Orange County and by the eventual use of the quarry pit as a reservoir. The use of the geological resources would fill an immediate need in the construction industry, while the reservoir activity will aid in the realization of long-term water resource goals. Relocation of the roadway will provide long-term benefits by construction of the new roadway outside of the proposed reservoir area, thus reducing potential contamination of the proposed reservoir by any pollutants associated with roadway runoff. Construction activities such as use of heavy equipment, excavation, possible blasting at the quarry, dust, dirt, and temporary disruption of existing traffic patterns are expected to be among the most significant impacts experienced. Mitigation of noise, as well as dust and vegetation disposal measures can be initiated to minimize these effects. 4-11 Effects on water quality may also be experienced for the short term with respect to culvert construction. Turbidity increases may be expected adjacent to roadway construction areas. Water control measures can be initiated to return water quality to preconstruction levels. The major impacts to the natural resources of the area will be the removal of biotic communities and the displacement of wildlife from the expanded mining area and the roadway right-of-way and construction areas. Whereas the short-term effects include changes in migration patterns and habitats, long-term benefits afforded by the edge ecotone that will develop along the relocated roadway and the reservoir will provide a much richer diversity of flora and fauna. Additional acreage will be provided as a buffer area surrounding the future reservoir which can serve as a habitat for wildlife. The proposed action achieves several of the land use goals identified in the land use element of the "Orange County Comprehensive Plan". 4.10 Compliance with Area Land Use Goals The proposed expansion alternative is in compliance with several area land use goals. The County-wide goals for Orange County are presented as part of the land use element in the "Orange County Comprehensive Plan". These goals were set to serve as a guide in developing policies and programs related to land use and the management of growth and development in the County, and are shown in Table 4.1. 4-12 TABLE 4.1 ORANGE COUNTY COMPREHENSIVE PLAN LAND USE GOALS Goal Description 1. The conservation and protection of Orange County's natural and cultural environments by means which are equitable to all citizens of the County. 2. The conservation of natural resources in Orange County. 3. The conservation of energy resources in Orange County. 4. Development of renewable sources of energy. 5. The management of growth so that it is directed to areas where growth is desirable and can be accommodated. 6. The promotion of economic development which emphasizes employment meeting local needs while preserving the character of communities and protecting the natural environment. 7. The continued use of agricultural land and the maintenance of the farming way of life in rural areas as a viable part of the County's economy. 8. Adequate, reasonably priced safe housing in an appropriate variety of types in proximity to jobs and daily activities for all citizens. 9. The provision of water and sewer lines in those areas which can be practically and efficiently served by these facilities. 10. Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County. 11. Adequate and appropriate sewer disposal facilities for all current and future residents. 12. An efficient and balanced transportation system. 13. Maximum availability and use of recreational land, facilities and open space land to serve citizens at both the County-wide and community level. 14. Full and equal educational opportunities for the residents of Orange County consistent with the wishes of the school district and the needs of the County residents. 15. An efficient and effective solid waste collection and disposal system for Orange County citizens. 16. An efficient and effective system of public safety in the County. 17. A land use planning process which is responsive to the citizens and communitie of Orange County. 4-13 By providing an expanded reservoir with the capacity to store approximately three billion gallons of water. Goal Ten is advanced Goal Ten provides for the availability of clean and safe water supplies adequate to meet future needs of the residents of Orange County. Since the additional mining activities and the resulting reservoir capacity can be obtained without acquiring productive agricultural property the proposed action complies with Goal Seven. Goal Seven promotes the continued use of agricultural land and the maintenance of the farming way of life in rural areas as a viable part of the County's economy". Goal Six promotes "economic development which emphasizes employment meeting local needs while preserving the character of communities and protecting the natural environment". The proposed action complies with Goal Six by continuation of quarry and asphalt plant activities thereby providing additional tax revenues and employment opportunities, both directly and indirectly without disrupting the character of adjacent communities. In addition, the expanded storage reservoir will provide additional high quality water for southern Orange County at little capital cost to the public and will serve to protect the natural environment through the edge ecotone, buffer areas, and aquatic habitats provided with the reservoir. The proposed action advances Goal One through the use of a mutually beneficial private/public agreement to transform a business enterprise into a public water supply reservoir. Goal One proposes "the conservation and protection of Orange County's natural and cultural environments by means which are equitable to all citizens of the County". 4-14 APPENDIX A Environmental Assessment APPLICATION FOR ENVIRONM-FHTA_L ASSESSMENT ::ame 2- noosed .Lmeri can S:cre Ouarry EApansion and SR 1104 P21 .9catlon rnicazr L,,cirecate, Acidress O . Box .30013 Roleioh , North Carol ina c7:322-661.3 ?hone Owner L,merican Stone Company Address 2 . 0. Box 720 GalaLILILEL.....LLLLL4222 -phone Location of Property NC 54 and SR 1104 in Orange County,North Carol ina Acreage 136 TownshiP Bingham —ax Map Reference Map 28, Lots 8 & 9B s Zoninc District RB Land Use 1:,1 an Catecory Extractive & Rural Rural Buffer Residential FOR DEPARTMENT USE ONLY Date received Reviewed by Date accented/rejected Summary Comments : GENERAL SITE INFORMATION TO BE COMPLETED BY APPLICANT, WITH ASSISTANCE FROM PLANNING DEPARTMENT AS NEEDED A. Zoning and use of adjacent property . North RB Residential South RB Residential East RB Residential West RB Residential B. Topography: hichest •elevation �7O lowest elevation general direction of slope Estimate % of property with 0 - 5% slope • 5 - 15% slope 15 - 25% slope more than 25% slope (Recuired only for the portion of the site associated with or impacted by the proposed activity) C. Drainage Are there any streams or drainage easements located on the property? Yes , Phil ' s Creek Is any of the site located within a : Watersupply Watershed Yes Water Quality Critical Area Floodplain Yes Describe University Lake Watersh d , Floodalain along Phil ' s Greek C . Does the , rooertj contain any cf the _`ollowi. n Natural or Cultural Resources : As _dent_=c __ _.. tne " :..•✓e..tc_ _ c,t Sites of C tr a _std _ca Recreac_cna __c_ocica , a::c Geo_ocf _a_ Sl .__-:ance _.. the �..in:o p.c� _ - _ C,:C: Portions cf Stance County toe " :.. ✓eorcr ':at _ L:�c_ ..rCGs . a,C __c_ife Haoitats of Stance ,port:: Carolina , oc no a . cemeteries x archaeoiocicai sites c . historic sites d. areas of geolocical significance X e . designated natural areas designated habitat c other ; For each "yes " answer above , please indicate location on sit _ plan and complete the following, with the assistance of the Orange County Environmental Planner. Also comblete Attachment A. ( 1 ) Type of resource Cemetery Inventory reference no . or page None Description of Resource Private Cemetery ( 2 ) Type of resource Inventory reference no . or page Description of resource (Attach additional sheets if needed ) II . TO BE COMPLETED BY APPLICANT A . PROJECT DESCRIPTION Describe cr000sei use c: -rcDer SR 1104 4111 be relocated to the east to al or expansion of ouarry operations . ',el lo Tear asonait plant i11 be relocatea. 2 . Number of lots 3 . Number of structures 4 . Estimated scuare footace of area to be traded for development of attached residential unit: ( excluding roads , but including parking areas ) u 5 . Estimated scuare footace of area to be Graded for non-residential use ( excluding roads ) 00.000 6 . Estimated area to be traded for roads ?O,uOU SF 7 . Road Type : Public X Private Class A Class B Class C Total road length 8 . Hours of operation for commercial or industrial use 7 :00 am - 5 :00 am, 7: 30 am - 4: 30 pm (winter) E . STATE PERMITS REQUIRED 1 . Does the project involve the mining of earth products? :f so, how many cubic feet of mate-'a' are be excavated: Has an abdication for a ':inio.c Permit teen suoT_ttec to NCDRCD? Please attach map _ndicaz nc expected extent of oroposed activity . 2 . Does the project involve generation or storage of hazardous or toxic wastes, as identified by the Environmental Protection Agency? (A listinc of all hazardous materials is available from the - _an.._n c Department) Describe the wastes to be cenerated. How much material is expected to be generated ter month? Will any material be treated onsite? Volume? Will any material be stored onsite? Volume? Where will disposal of the material take place? How will materials be transported to the disposal site? What measures are proposed to protect water q:ialitv and air duality in case of spills? 3 . Will the project involve a land application system for treatment of wastewater? No :f yes , describe Has an application for a non-discharge permit been submitted to the .:C Department cf Environmental Manacement or Orange County Department of Environmental Health? 4 . Is a septic tank system proposed which has a design capacity of more than 3000 gallons per day? ';n If yes , describe Has an application for a non-discharge permit been submitted to the NC Department . of Environmental Manacement or Orange County Department of Environmental , Health? 5 . Does the activity involve sludge disposal? If yes, where is the source of the sludge? Describe where and how the sludge is being disposed. Has a NPDES permit from the NC Division of Environmental Management been issued? 6 . Water Usage a. Estimated no . of employees 22 x 25 gpd = 550 gpd b . Estimated water use for climate control n god c . Process water 4400 gpd 7 % consumed % discharged to septic system IR % discharged to surface ( including storm sewers ) (describe : spread on surface far d ust control 2 % evaporated 73 % reclaimed/reused % other 100 % H . ate used oc_ - . - c ea�_. c, _-- assoc—ct_o" wt. roC''�- r o_ reused consumed ciscnarced (describe : other :00 4950 uud Total Water Usace e. Describe source of water Groundwater and stormwater collected in the 11mn. ATTACHMENT A TO BE COMPLETED ONLY IF INVENTORY SITE ( S) IS/ARE IDENTIFIED IN I .E . (ATTACH fDDITIONAL SHEETS IF NECESSARY) ( 1 ) a. Impact on Resource from Proposed Development b . Proposed Mitication ( 2 ) a . Impact on Resource from Proposed Development b . Proposed Mitigation APPENDIX B Spill Prevention and Counter Measures Plan MARTIN MARIETTA AGGREGATES t '=7p1 Pr event_on, Ocntroi and Countermeasure Pan Martin Marietta Aggregates Chapel Hill Quarry Orange County Certified By : Date : 1.37 �-i'/ License No. : ��sZgS State : Lhl i ii L LL �.� ���`F,�� MAX Pi-an Revised : C� •GiSYE• /c, B y • /� Y, cy P� No. 9F :, rA Z45 F.?, E OF 4, '���`��NA i iti tt�`�``• This statement is to certify that I have not physically examined this particular facility location as outlined in Sect. 112. 3 (d ) the Federal Register, Vol. 38, No. 237 - Tuesday, December 11, 1973. In accordance with the other requirements of Sect. 112. 3 (d) , I certify that I am familiar with the SPCC rules and regulations as they relate to quarrying operations and can attest that the SPCC Plan has been reviewed and prepared in accordance with good engineering practices. An accidental spill from this storage facility would be adequately contained to where it could not reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines in harmful quantities as defined in 40 CFR part 110. Certified B y �4,c41/7777Q.A,;(7,lr uc.,,P, E. Date S( / c ' Manacer in Responsible Charge of Facility : Steve Chappell , Plant Manager Telephone : 919/929-7131 (Office) 919/a93-1014 (Home ) cription of Facility : Aggregate mining and production facility supplying graded aggregates to the construction industry. Petroleum products are in storage on the property to service all mobile and plant equipment. The types of petroleum products are : #2 diesel fuel, gasoline, and various types of lubricating oils. —' e attached USGS topographic map shows the location of the ility. The various quantities stored and containment facility drawings are included. Spill Prevention, Control and Countermeasures Plan Administrative Information Ownership: Martin Marietta Aggregates P. O. Box 30013 Raleigh, North Carolina 27622 Telephone : 919-781-4550 Authorized Agents : Horace S. Willson Manager, Environmental Services Martin MariettavAggregates P. O. Box 30013 Raleigh, North Carolina 27622 Telephone : 919-781-4550 (Office ) 919-787-6608 (Home) W. Thomas Sellers, Jr. Area Manager, Environmental Services Martin Marietta Aggregates P. O. Box 549 Carmel, Indiana 46032 Telephone : 317-573-4460 (Office) 317-291-4560 (Home ) Spill Prevention, Control and Countermeasures Plan Spill Reporting Procedures Any time oil spills at Chapel Hi] ] Ouarry and there is a chance that it will reach any surface water leaving the property, do the following : 1 . Immediately call the National Response Center (NRC) , U. S. Coast Guard, Washington, D. C. at the following number: 1 - 800 - 424 - 8802 This is the number of the Duty Officer who will require tre following information : a) Name of person reporting b) Position of person reporting c) Company name and address d) Telephone number The following specific information is also imperative and must be reported in addition to the above information. The key word is LAND. L - Location of spill by street address, property legal description, mileage and direction from city or by direction from other well-known permanent structure. A - Estimate of amount spilled. N - Nature of material spilled. D - Distance of spill from nearest water body which could receive spill and leave property. The (NRC) Duty Officer will have an On-Scene Coordinator (OSC) return your call for further information. The OSC is an officer of the Coast Guard or EPA in your immediate area. You are to advise him of the above listed data and action regarding your spill cleanup procedures. A11 spills of any type must be reported. 4z.. 2. Call the Indianapolis Area Office (317-573-4460) and notify Tom Sellers or his secretary. At night or on weekends, call the following home telephone number : Tom Sellers (317-291-4560) If Tom Sellers cannot be reached, then contact Horace Willson in the Raleigh Division Office (919-781-4550) 0r (919-787-6608) . 3. Call Donald M. Moe Vice President/Genera : Manager, at 919/668-3253 if additional assistance is needed to control the spill. 4. The SPCC Plan is to remain in safe keeping and readil . available to plant employees at all times. Each plant employee should be aware of the SPCC Plan procedures. Spill Prevention Control and Countermeasures Plan Spill Prevention Procedures 1 ) Past Spill Experience : None 2) Spill Containment Structures : All above ground petroleum storage having a total capacity of 660 gallons in a single container, or a total storage capacity of 1, 320 gallons, will be contained in a concrete containment facility, an impervious earthen berm, or by drainage to a remote impounding area. Other smaller storage facilities not requiring berms will have sand, screenings, or agricultural lime available to be used as containment soil in the event of �a spill. All bermed areas or remote impoundments will be of adequate size to contain a. spill . involving the largest storage unit within or draining to plus one foot of free board. A manually operated, capped and locked drain pipe is located in each type of containment structure to allow for removal of stormwater from the containment structure. 3) Possible Causes of Spills or Leaks A. Equipment Failures i . Rupture of tank ii. Rupture of pipe iii. Fire a. Tanks b. Pumps B. Human Failures i . Accidents involving rupture of tank or breech of containment wall. ii. Accident involving rupture of piping and/or pump equipment. iii. Overfilling of vehicle tanks. iv. Overfilling of storage tanks. v. Vandalism. 4) In the event of a continued leak of tank or pipino, as much of the spill as possible will be collected manually and stored in the waste oil disposal tank. Immediate action will be taken to stop or minimize the leak rate. The remaining oil in the containment area will be cleaned up and properly disposed. 5) In the event of a tank or piping failure, arrangements will be made to empty the tank to a safe level , to stop or reduce the amount of the spill by immediately filling all mobile equipment on the job. Oil remaining in the containment will be handled as described in Item 4. 6) In the event of a fire, the local fire authority will be contacted immediately. All pumping equipment will be equipped with a thermally operated shutoff valve to minimize spillage outside the containment and stop the flow of fuel. 7) In the event of anNuncontained spill, the plant loaders will immediately construct a containment berm around the spill and absorb the spill with sand, screenings or agricultural lime stored or on hand at each plant site. This material will then be properly disposed. 8) Any pumps outside the containment structure or pipelines leading into or out of the containment structure will be adequately protected and have quick shutoff valves. 9) Delivery tankers are inspected before and after unloading to verify quantity received. Drivers will remain with their tankers during the entire unloading period. 10) Equipment operators will remain with the equipment during refueling. 11 ) The Plant Manager or plant personnel under his supervision will inspect the tanks, tank foundations, valves, piping, pumps and containments for leaks or items in need of repair on a regular basis and the necessary corrective action taken. 12) The entrance gates are locked when the site is unattended. Pump controls are to be locked when not in use. The general plant area is typically equipped with night lighting to discourage vandalism. CHAPELL HILL QUARRY Plant Location: 1807 Highway 54 West, Chapel Hill, Orange County, North Carolina 27516 Total Storage Capacity: (2) 10,000 Gallon Diesel Tanks (1) 3,000 Gallon Gasoline Tank (1) 550 Gallon Waste Oil Tank (3) 550 Gallon Bulk Oil Tanks • (1) 275 Gallon Kerosene Tank All fuel storage above ground. Diesel, gas and waste oil tanks housed in a concrete containment structure with adequate volume to contain a spill from the largest unit within plus freeboard. Bulk oil tanks housed in a separate concrete containment structure of adequate volume plus freeboard. Crusher ail and kerosene are not contained due to volume requirements for containment_ NOTE: Copies of the Containment Facility Design Drawings and USGS Map are attached_ I have reviewed the Spill Prevention, Control and Countermeasures Plan and agree to perform to the best of my ability the procedures as outlined. • ' // Plant Manage . �// Date Office Manager,T- Cj, 0 p ,(L Date c-; - �� �I ,•.' ./.' / • • - ----. . • • • . • • • *.., - • , . .. • . . • .--• . • - .• . - . . ,, ,- -- . - .-::_,-.:' - H:.3 , • • . _, ---- _ . _ - 1.5_3_177- /' . . `, ._. . . , --'-',„ \ ,. --, '..,:. " ./ , I- ; '''' - • :\ ' '----' .-'_.__" -:`L . 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Concrete slab to have construction joints located at half distance of width ani length dimensions. 4. 6" Polyvinyl (PVC) water stop joints with 1" diameter center bulb to be used :n construction joints and junction of concrete slab and retaining walls. N APPENDIX C NPDES Permit MARTIN MARIETTA AGGREGATES STATE OF NORTH CAROLINA DEPARTMENT OF E.NVIRO.NNIENT. HEALTH, AND NATURAL I':L ):'RCES DIVISION OF ENVIRONMENTAL MANAGEMENT GE7\;ERAL PERMIT No, NCGO2OnnO I'ERTIFIcATE OF COVERAGE No, Nc.Gn2Onn) STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEN1 In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standard_s and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act. as amended, Marlin-Marietta Aggregates is hereby authorized to continue operation of a treatment system for mine dewatering with the discharge of treated wastewater and the discharge of storrnwater from a facility located at • Chapel Hill Quarry NCSR 1104 West of Chapel Hill Orange County to receiving waters designated as Phils Creek in the Cape Fear River Basin in accordance with the effluent Limitations,'monitOring requirements,and other conditions set forth in Parts I, I1, ::: and IV of General Permit.No.NCG020000 as arrar-hed. This ceruficate of coverage shall become effective September 1, 1992 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this day September 18, 1992 ^\ / \ / ( i (0 i A. Preston HowtJr., P-E..A tirig Director Division of Environmental , ii.-ment By Authority of th Envirot ental Management Commission :"---:.: 1� ■ _, • _ Ln u • v : } % `� /�. \�'- � � x_11JL/1/ �.. - (7' , 'X'',r� �� . 7�\\// f�.' � �IHic c�Gro.o5 ��., \� \����I - _ _ �t,%P ,-�` —' - r �� \\ j _ 2, �,.; ~ - '8 nod •'-1 .;� ;3 i` )�, _.( `'��'5 ) � 2- -Il I -. " 57. 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' .I.N.L.,--,•\("••• • \':- --7\-'1) I i■ s_'.�_cam°_ STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRON. NT, F.aALTE, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEINT GENERAL PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143- 215 . 1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, ' All owners or operators of stormwater point source discharges associated with activities classified as Standard Industrial Classification Code 14 (mineral mining industry) , except as specified below, including active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle process wastewater; and/or mine dewatering are hereby authorized to discharge to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters . The following activities and their associated stormwater discharges shall not have coverage under this General Permit : peat mining, coal mining, metal mining, stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations. The General Permit shall become effective on September 1, 1992 . The General Permit shall expire at midnight on August 31, 1997 . Signed this day July 31, 1992. A. Preston Howard, . , P .E. , Acting Director Division of Environmental Management By the Authority of the Environmental Management Commission PART „ECTlON A. FINAL LIMITATIONS t C7,��,�, 5 F"R cTQ,c,MV,ATEP EWA TRR DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or effluent from mine dewatering. Such discharges shall be controlled, limited, and monitored as specified below: 1 . The Permittee shall implement Best Management Practices (BMPs) to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site of the sources covered by this permit. A BMP plan shall be developed in accordance with Part I, Section C of this permit for each facility covered by this general permit. 2. The Permittee shall implement management practices and the Erosion and Sedimentation Control Plan that are included in the mining permit which have been approved by the Division of Land Resources. The approved permit is considered a requirement or condition of this general permit. Deviation from the approved permit, or approved amendment to the permit, shall constitute a violation of the terms and conditions of this general permit. A signed copy of the issued mining permit including the approved Erosion and Sedimentation Control Plan and the Reclamation Plan shall be maintained on the site at all times. Once an area is released by the Division of Land Resources in accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this permit. 3. Equipment utilized during the mining activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on to the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface or ground waters of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner so as not to allow their entry into the surface or ground waters of the state. 4. Above ground bulk storage of petroleum products and storage of Section 313 Water Priority Chemicals shall have secondary containment devices within the first 12 months of permit coverage for existing discharges and prior to beginning operations for new discharges to prevent leaks and spills from contaminating stormwater runoff. Page 1 of 24 Pages c — a c C z r a (f) JI 't'S 27 ,, r' r v: L.: O_ • r.M C 0 © -a L` D q O 2 E CZ b 2 ra 6- ... .5 ' A I ■s TO ro rt 0 0 c o m C © ■ U U C EO UU C rn ✓ tt m m m © c N C 0000 m C C C C O 0 0 0 0 m E a. o o U y x o m > C fa. C O C m c3 rn o E a a o m en 27 al .15 m Cn ca ` _ y lc 7- -0 E EZcn r° C ca N `a L C Q c 7 = C 0 Z - 0 m CCCC ti °' E = 0.0 ccnn cl 0 > E , p m o _c m Z D L 7 N p O up 7. 2 E c o o t ro © "c ii C w o 10 0 p -0 c _ CO 0 m N 0, co N 7 cc 73 0 En fy6 N O C '� • as ..0 0 y O (C L m U y C f U Z U © N yi � O E 0 7—p ` '�� — d o •• C CZ p 0 J 0 v• i O m W W p Z CID 3 L > cn as m • r3 E E m E o E c o co ca H m (0 (1) (1) f°- c/ - :n -- Cn H w Part Section B: MINIMUM MONITORING AND REPORTING PECU REMENTS (unless otherwise apprc',ad in writing by the Division cf Environmental Management) . All erosion and segmentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge of runoff of stormwater from the site. 2. Stormwater runoff discharges shall be inspected by visual observation for color, foam, outfall staining, visible sheens and dry weather flows at the above frequency to evaluate the effectiveness of the stormwater control facilities or practices. If any visible off-site sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. 3. The permittee shall keep a record of inspections. Visible sedimentation found off the site shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to DEM or authorized agent upon request. 4. A log of the sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan. 5. A log of the sampling data and of activities taken to implement the BMP Plan shall be kept on site for the duration of the permit term and made available to the Director immediately upon request. 6. For purposes of the stormwater sampling required in this permit, all samples shall be collected from the discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Samples shall be collected at intervals not less than one year apart. If the stormwater runoff is controlled by a detention pond, the following sampling requirements apply: (a) If the detention pond detains for 24 hours the runoff generated by one inch of rainfall, a grab sample of the discharge from the pond shall be collected within The first 30 minutes of discharge. (b) If the detention pond discharges only in response to a storm event exceeding a ten year design storm (See Part II, Standard Conditions, Section A), visual observatons of the discharge for color, foam, outfall staining, visible sheens and dry weather flows, are required but analytical sampling shall not be required. (c) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond sh II be considered a non-discharging stormwater control system and not subject to NPCES requirements, unless the discharge causes a violation of water quality standards. 7. The analytical results of samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. Page 5 of 24 Pages PART H STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SFTT'`^.N A. DEFINITIONS 1 . AEI 4s "the Act" or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amenced. 33 USC 1251, et. seq. 2. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. Fonpurposes of calculating the geometric mean, values of zero (0) shall be considered to be one (I). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 4. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage c of greater than 1 ,320 gallons. 5. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar da, may be used for sampling. 6. Coal Pile Ru- ff The rainfall runoff from or through any coal storage pile. Page 7 of 24 Pages n.Any discernible, confined and discrete conveyance, including but specifically no: to, any pipe, Dtch, channel, tunnel, conduit, well, discrete fissure, container, r hnc stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 0 Pecresentative Storm E','ent A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration o: greater than 3 hours and that is preceded by at least 72 hours in which no storm even: measuring greater than 0.1 inches has occurred. 17. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 18. Secondary Containment Containment for the contents of the single largest tank plus sufficient freeboard to allow for precipitation. 19. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title ill of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to-Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Page 9 of 24 Pages 434 - • and oll and gas exp crat,o. . p'oou:,.. . proces_Inc, treatment operat Cn s, or transmission tac:ktleS that c soharge stOrmwate' :C.ntaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of sucn operations; inactive mining operations are mining sites that are not being actively mine, but which have an identifiable owner/operator: d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41 , 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involve vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, :. which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation c' municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403 Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area whic are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a (j) of this definition). 24. Ten Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equalled or exceeded, on the average, once in ten years. Page 11 of 24 Pages Duty to The permittee must comply witn all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. (Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41 (a).) c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in general permit conditions on "Bypassing" (Part II, C.3.), nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.68, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such Page 13 of 24 Pages ' '1 . _enc'al P rrP t TQrminatiorL After public notice and opportunity for a hearing, the general permit may be terminatec for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate ct coverage shall expire when the general permit is terminated. 11 . When an Individual Permit may be Reauired The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an. individual permit or an alternative general permit. Any interested person may petit :-. the Director to take action under this paragraph. Cases where an individual permit be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or character; of the discharge such that the discharge no longer qualifies for a General Permit: c. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices fc- control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required 12. When an Individual Permit may be Requested. Any permittee operating under this general permit may request to be excluded from coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general cr.T is automatically terminated on the effective date of the individual permit. 1 3. Signatory Requirements All applications, reports, or information submitted to the Director shi. . be signed a- certified. Page 15 of 24 Pages 1 4 . General Perm'_ Modffic-j )n, Revno=.,on and Peissua.,ce. or Term!nanorl The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 15. Certificate. of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTIQN C. OPERATION_AND MAINTENANCE OF POLLUTION CONTROLS 1 . Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and syste' of treatment and control (and related appurtenances) which are installed or used by it permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when t^e operation is necessary to achieve compliance with the conditions of the general permit 2. Need to Halt or Reduce not a Defense, It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance w,:r the condition of this general permit. 3. Bypassing of Stormwater Control Facilities a. Definitions (I) "Bypass" means the known diversion of stormwater from any portion of a story.wale( control facility including the collection system, which is not a designed or estabtishec operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to ..r control facilities which causes them to become inoperable, or substantial and permane-• loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The P ermittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation These bypasses are not subject to the provisions of Paragraphs c. and d. of this section Page 17 of 24 Pages A per. ee who v'+shes to estcoiisb the a tirraiive defense of onset sneil aemonstrate, through property sionec. contemporaneous ooeratina logs, or other relevant evidence that: (1 ) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 5. (b) (B) of this general permit. (4) The permittee complied with any remedial measures required under Part II, A. 2. of this general permit. d, Burden of proof. - In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. SECTION D. MONTORdNG AND RECORDS Representative SamaJinQ Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken at the monitoring points specified in the certificate of coverage issued pursuant to this general permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. 2. Reporting Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Page 19 of 24 Pages 8 . Ins;°,v!1cn arc Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the . conditions of this general permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1 . Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the cjantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (I). Page 21 of 24 Pages e Where the perm;ttee becomes ar+are mat „ face: to submit any relevant facts in a „oee of intent to be covered under this general permit or in any report to the Director, shall promptly submit such facts or information. 8 . Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Sect on 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.68 or in Section 309 of the Federal Act. 9. Penalties_for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Part III OTHER INFORMATION A. Limitations Reopener This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1 . contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or 2. controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also cont�.n any other requirements in the Act then applicable. Page 23 of 24 Pages t•� APPENDIX D List of Sources Joint Planning Land Use Plan, Revised 9/88. Trip Generation Manual, Institute of Transportation Engineers, 5th Edition, 1991. U. S. Census Bureau. North Carolina State Office of Budget and Management. Land Use Element- Orange County Comprehensive Plan, Orange County Planning Department, Revised 4/91. State Historic Preservation Office (SHPO). An Inventory of Sites of Cultural, Historic. Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County, Orange County Planning Department, Revised May 1988. Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina, Dawson Sather and Stephen Hall, December 1988, Natural Heritage Program List of the Rare Plant Species of North Carolina, Alan S. Weakley, 1990. Endangered and Threatened Wildlife and Plants, U.S. Fish and Wildlife Service, April 1990. List of North Carolina's Endangered,Threatened and Candidate Plant Species,North Carolina Department of Agriculture, February 1990. Natural Heritage Program List of the Rare Animal Species of North Carolina, Harry E. LeGrand, Jr., 1990. Endangered Wildlife of North Carolina, North Carolina Wildlife Resources Commission, April 1990. Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration, 1988. Standard Specifications for Roads and Structures, North Carolina Department of Transportation, January 1, 1984. Soil Survey of Orange County, North Carolina, U.S. Department of Agriculture, Soil Conservation Service, June 1977. Geology and Mineral Resources of Orange County, North Carolina, Eldon P. Allen and William F. Wilson, 1968. Water Quality Progress in North Carolina, 1988-1989 305(b) Report, North Carolina Department of Environment, Health, and Natural Resources, Report No. 90-07, November 1990. Public Water Supplies of North Carolina, Part 1-Northern Piedmont, North Carolina Department of Natural and Economic Resources, July 1972. U. S. Geological Survey Water Supply Paper 2275, Ronald W. Coble, et. al. U. S. Geological Survey Water Supply Paper 232-5, G. L. Giese, et. al. An Appraisal of the Groundwater Resources of the Upper Cape Fear River Basin, North Carolina Groundwater Bulletin Number 20, U.S, Geological Survey and the North Carolina Office of Water and Air Resources, May 1974. Orange County Soil Erosion and Sedimentation Control Ordinance, May 21, 1991. Classifications and Water Quality Standards Assigned to the Waters of the Cape Fear River Basin, North Carolina Division of Environmental Management, November 1990. Report of the Orange County Water Resources Task Force, Orange County Water Resources Task Force, May 1981. University Lake Watershed Study, Camp, Dresser, and McKee, March 1989. Zoning Ordinance, Orange County, North Carolina, Orange County Planning Department, Revised October 1990. Important Farmlands- Orange County, North Carolina, U.S. Department of Agriculture, Soil Conservation Service. Master Recreation and Parks Plan, Orange County Recreation and Parks Department, Orange County Planning Department, Woolpert Consultants, July 1988.