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HomeMy WebLinkAbout20030130 Ver 3_401 Application_20170503D E S I G N April 29, 2017 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury StreetRaleigh, NC 27604 919-807-6360 karen.higgins@ncdenr.gov Re: Corps Action ID No. SAW -2016-01348 VMC Cabarrus Quarry - Andrews Vulcan Materials Company Cabarrus County, NC IP Application and Pre -Construction Notification Dear Ms. Higgins Please find enclosed three copies of a completed Individual Permit Application and Pre -Construction Notification, a check in the amount of $570, and one full-sized set of drawings for the expansion of the existing Vulcan Materials Comapny Cabarrus Quarry on the adjacent property identified as the Andrews Tract in Cabarrus County, NC. The project is located at Latitude North: 35.4159 Longitude West: 80.6970 on the Kannapolis Quadrangle of the USGS. The VMC Cabarrus Quarry is located on Poplar Tent Road, in Concord, in Cabarrus County, North Carolina. From I-85 north of Charlotte take the Poplar Tent Road exit. Turn left onto Poplar Tent Road. Follow to Cabarrus Quarry office on right to check in. From office take Poplar Tent Road to Harris School Road, turn right, follow to Cessna Road and turn right, Follow to Trail Road and turn right. Site is at end of Trail Road on right. The one stream on-site is an unnamed headwater tributary to Coddle Creek. The on-site tributary flows into an unnamed perennial tributary and approximately 3,500 feet downstream of the site into Coddle Creek. Coddle Creek then flows in a southeasterly direction to its confluence with the Rocky River approximately 9.2 miles downstream. The Rocky River, is a Traditionally Navigable Water (TNW) of the United States. The Rocky River flows into the Yadkin Pee Dee River which ultimately drains into the Atlantic Ocean. Project Area (acres): 68.91 Nearest Town: Concord, NC Nearest Waterway: Coddle Creek River Basin: Rocky River within Yadkin Pee Dee (03040105) Tax Parcel ID 4691-31-9145 USGS Hydrologic Unit (HUC) 03040105. Please do not hesitate to contact me if you should have any questions or if there is any way that I can be of assistance to you. ctfully, Craig R. Wyant RLA/SWS A Fine Line Design Post Office Box 163 High Shoals NC 28077 704-240-0793 craig.wyant@charter.net cc: Mr. David L. Shaeffer - U.S. Army Corps, Reglatory, Wilmington District, Asheville Field Office Tony Johnson - Vulcan Materials Company ���iroe�ir�e / DESIGN • Pool Offi- Dox 163 0 hi9k S6oa1, 0 NC 0 28077 0 (704) 240-0793 U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.1RY 201 03 EXPIRES: 28 FEBRUARY 2013 33 CFR 325. The proponent agency is CECW-CO-R. Public repordrxl for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing, data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Managemert and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332, Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and kcal government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FELLED 19YAPPLICAAM 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - Tony Middle - Last- Johnson First- Craig Middle -Raymond Last - Wyant Company- Vulcan Material Company Company- A Fine Lime Design E-mail Address - JohnsonTo�VMCMAIL.com E-mail Address - emig,Wyant@charter.net 6. APPLICANT'S ADDRESS: 9. AGENTS ADDRESS: Address- 11020 David Taylor Drive, Suite I05 Address- P.O. Box 163 City - Charlotte State - NC Zip -28262 Country -Meek City - Hgh Shoals State - NC Zip -28077 Country -Gast 7. APPLICANTS PHONE NOs, WAREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax (704) 547-7076 (571) 422-6401 704-240-0793 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Craig R. Wyant to act in my behalf, my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIP APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (sag instructions) Vulcan Materials Company Cabatrus Andrews 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREETADDRESS ('if applicable) UT Coddle Creek Address 7355 Trail Road. 15. LOCATION OF PROJECT Latitude: -N 35.4159 Longitude: -W 80.6970" City - Concord State- NC Zip- 28027 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 4691-31-9145 Municipality Concord, Cdbwms County, NC Section - Township - Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From I-85 north of Charlotte thake the Poplar Tent Road exit. Turn left onto Poplatr Tent Road. Follow to Cabarrus Quarry office on right to check in. From office take Poplar Tent Road to harris School Road, turn right, follow to Cessna Road and turn right, Follow to Trail Road and turn right. Site is at end of Trail Road on right. 18. Nature of Activity (Description of project, include all features) Project will consist of installation of a rip rap underdarin, sedimentation control, site clearing, site grading, and placemnt of overburden material from the adjacent Cabarrus Quarry. The construction sequence will first require the establishment of a 50 foot buffer around the entire perimeter of the site along all adjacent properties. A 100 foot buffer will be maintained along the perennial UT to Coddle Creek to the south. Next, the sediment and erosion control measures will be put in place around the perimeter of the site to control stormwater flows. A rip rap underdrain will be constructed at the lowest point of the site along the rout of 359 if of Intermittent Non-RPW Stream S-2 UT to Coddle Creek. The lowest downstream 116 if will not be impacted. Clearing of the site will take place before the site is filled with overburden and waste rock. The fill material will be placed in lifts and internal roads will be constructed to add and remove the filled material as necessary. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Cabarrus Quarry will generate 10 million cy of Overburden and 18 million cubic yards of waste rock. Cabarrus Quarry currently and will continue to move this material off-site through providing borrow material for other construction projects and blending waste rock with soil to create a engineered fill material. However, off-site removal does not occur as fast as the material is generated. The surplus of material is stored on site until it is shipped off-site. The Andrews property acquisition was made for handling this excess material. Currently there are 1.5 million cubic yards of material blocking access to reserves, if the fill is limited to Alternate No.2 then as soon as this material is relocated Cabarrus Quarry will not have anywhere to store waste rock. The full 2.9 million cubic yards is needed for Cabarrus Quarry to meet its immediate need to uncover reserves and manage waste rock as the facility continues to operate. Other Alternate Plans and options have been reviewed and have been determined to no be practicable for the purpose and ned of the project. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The discharge will provide storage for the overburden and waste rock generated by the expansion of the pit for access to rock reserves at the existing adjacent Vulacn Materials Company Cabarrus Quarry. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Fill - Approx 200 CY 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet 359 linear feet of intermittent Non-RPW stream. 23. Description of Avoidance, Minimization, and Compensation (see instructions) The project will avoid impacts to the lower 1161f of intermittent stream and will avoid indirect impacts to the downstream perennial stream through the use of a 100 foot buffer. Buffers and sediment and erosion control measures will be used to protect downstream waters. Alternatives have considered no -build option, avoiding stream impacts, reducing stream impacts, off site storage solutions, review of adjacent parcels for storage, and on-site storage solutions.Mitigation will be provided by an approved in -lieu fee mitigation program. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? Yes Imo"' IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody irr moss then can be entered We please attach a supoemarilai iaet a. Address- John R Sr & Barbara A Schuck PD Box 5092 City - Concord, State - NC Zip - 28027 b. Address- Walter J Jr & Pamela D Lefler 336 Cessna Rd City - Concord State - NC zip - 28027 c. Address- Jeremiah Wayne Hinson 7267 Trail Rd, City - Concord state - NC zip - 28027 d Address- Gerald W & Kimberly M Hinson 466 Cessna Rd. City - Concord State - NC Zip - 28027 e Address- Lynn D MacDougal & Kevin Fleming 7201 Trail Rd. city - Concord state - NC Zip - 28027 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies For Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NtJMDER NCDEQ-DEMLR Mine Permit Modifica 13-27 May 19, 2016 August 16, 2016 `Would include but is not restricted tozoning, building, and flood plain permits 27. Application Is hereby made for permit or permits to authorize the work described in this application. I certify that this information fn this application is complete and accurate, I fort certify that I possess the authority to undertake the work descrbed herein or am acting as the duly authorized agent of the applicant. - 4-28-17 OF APPLICANT 12ATE SIGNATURE OF AGENT The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent 9 the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious CW fraudulent statements, or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $1{1,0170 or imprisoned not more than five years or both. ENG FORM 4315, OCT 2012 Page 3 of 3 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Farm A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: VMC Cabarrus Andrews 2b. County: Cabarrus 2c. Nearest municipality / town: Concord, NC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Curtis L. Andrews, Jr. (Under contract to Vulcan Lands, Inc.) 3b. Deed Book and Page No. Bk 11555 Pg 272 3c. Responsible Party (for LLC if applicable): 3d. Street address: 7355 Trail Road (Mailing address 283 Goodman Rd, Concord, NC 28027 3e. City, state, zip: Concord NC 28027 3f. Telephone no.: c/o Tony Johnson, Vulcan Materials Company - 571-422-6401 3g. Fax no.: 3h. Email address: johnsontoCa vmcmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Craig R. Wyant RLA/SWS 4c. Business name (if applicable): A Fine Line Design 4d. Street address: P.O. Box 163 4e. City, state, zip: High Shoals NC 20877 4f. Telephone no.: 704-240-0793 4g. Fax no.: 4h. Email address: craig.wyant@charter.net 5. Agent/Consultant Information (if applicable) 5a. Name: Craig R. Wyant RLA/SWS 5b. Business name (if applicable): A Fine Line Design 5c. Street address: P.O. Box 163 5d. City, state, zip: High Shoals NC 20877 5e. Telephone no.: 704-240-0793 5f. Fax no.: 5g. Email address: craig.wyantC@charter.net Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4691-31-9145 1 b. Site coordinates (in decimal degrees): Latitude: 35.4159 Longitude: -80.697 1 c. Property size: 68.91 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Coddle Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin -Pee Dee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Study Area is approximately 75% forested with mixed meduim aged pine and hardwoods. Remaining areas are open crop fields or young successional growth. Surrounding land use is rural residential to the northwest, existing rock quarry to the southeast, and forested land to the northeast and southeast. A perennial UT to Coddle Creek runs off-site along the southern property boundary. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 475 3d. Explain the purpose of the proposed project: To provide area for storage of overburden from the existing adjacent Vulcan Materials Company Cabarrus Quarry so that the pit can be expanded. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will consist of installation of a rip rap underdrain, sedimentation controls, site clearing, and site grading. Typical equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Craig R. Wyant RLA/SWS Agency/Consultant Company: Other: David L. Shaeffer USACE 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site visit by David L. Shaeffer, USACE conducted July 21, 2016 for verification of preliminary jurisdictional determination. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. The VMC Cabarrus Quarry has had an extensive permitting history over the years. Corps Action ID No. 200231237 Corps Action ID No. 200530423. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. Cabarrus Quarry has aquired land and expanded several times as part of an approved 30 year mine plan. This project is a continuation of the ongoing expansion per a 30 mine permit and modifications. NCDENR Division of Land Quality Mining Permit number 13-27 re -approved August 16, 2016. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 P Fill UT Coddle Creek INT Corps 4 359 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 359 3i. Comments: Impact will consist of placement of a rip rap underdrain, fill, berm, rock dam, and sediment erosion control measures along the alignment of the channel. Flow has never been observed in this channel when reviewed in the field over a period of a nmber of years under a variety of conditions throughout the year. NCSAM rated the stream to have an overal rating of Medium for hydrology, water quality, and habitat metrics. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: S. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project will avoid impacts to the lower 116 If of intermittent stream and will avoid indirect impacts to the downstream perennial stream through the use of a 100 foot buffer. Buffers and sediment and erosion control measures will be used to protect downstream waters. Alternatives have considered no -build option, avoiding stream impacts, reducing stream impacts, off site storage solutions, review of adjacent parcels for storage, and on-site storage solutions. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction equipment will be kept away from protected waters with a 100 foot buffer. Sediment and erosion control measures will be used to prevent impacts to downstream waters. No live concrete will be allowed to come into contact with surface waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑X DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 359 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 5 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project consists of placement of overburden fill dirt only and does not have developed impaervious area. The stormwater management plan has been approved by NCDEQ Division of Energy, Mineral, and Land Resources as a part of the overall mine permit approval process. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in NYes ❑ No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Past project history has resulted in stream and wetland impacts. August 26, 2002 (Action ID No. 200231237) and April 5, 2006 (Action ID No. 200530423). Impacts total 244 linear feet of Intermittent RPW stream channel under NWP 44, 1,348 linear feet of Intermittent Non-RPW stream channel, and 0.497 acre of headwater forest wetland area impacted under NWP 44. 126 If of perennial stream previously impacted under NWP 26, Corps Action ID No. is unknown. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. There will be no wastewater generated by this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes 0 No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS comment and NC Natural Heritage Program database research and comment. Comments attached. A qualified biologist has been contactracted to survey the site for suitable habitat for Federally listed Schweinitz's Sunflower. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project is not in fisheries, coastal waters, or NC Trout Waters. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes 0 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Research of database and comment from NC State Historic Preservation Office. Comments attached. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Cabarrus County GIS layers of FEMA Flood Zones. Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 24. Is Anll Rorl ion oil the V1lark Alneady Clorriplete7 F]Yes Qh o IF N 9S, DOSCRIBB THE CIOMPLEIIED WORK 25. Addresses of Adjoining Rroperty Owners, Lessees, Ell Whose Rroperty Adjoins the Walerbody (if morei thi n can t e entered t ere p ease atte ch a sit plemental list) a. Addness- Jahr R Sr &I Banbara A SchucH PC Bax'ICK13 Clity - Canicond, Slate - NC aip - 280217 b. Address- Walter J Jr &I Pamela 11 Lefler 336 Ce!! na Rc Clity - Cancand State - NC aip - 280217 c.Addness- Jeremiah Wal nie Hinscin 72161 Trail Rc. Clity - Cancand State - NC aip - 28027 d. Address- C erald W & Kimderlyl M Hin9an 4 it Cessna Rd. Cityl - Carl caro State - NC aip - _I8(la1 e. Address- Lyri 11 MaaLlougal &I Navin Hlamirig 12101 Trc it Rd. City - Car cart Slate - 1` C aip - 218(117 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER NCDEQ-DEMLR Mine Permit Modifica 13-27 May 19, 2016 August 16, 2016 * Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hemeby made fda permit or permils to auit orize the work descrit eid in tt is application. Iced i5l,lhal chis infonrriatian in tt is application is aorriplEite and accurate. I fur certify that I possess the aulhonity to undEirtake it a work described herein or ani acting as thea duly ault wized agent oil th e applicant. zr _ G� l CIF ARRLICIANII ll SIGNAIIURE OR AGENII DAME THEi ApFllicalianl rrrust to sigriec by the plelrscln whci dEisines is uridEirtake 1ha AlnopclsEld aictli%ity (appllicant) ou i1 may fie signet I y a i ly ai.thoil aclenl ifiha stalemenl in blclak'I'I Has bEierlfillEid oul arc signed. '18 U.S.G. Secliori ,ill plravides thail: Wf aevEm, int arty rrianinEinw ithin the jurist ictian ciil einy dEipein mEinl ar agEinay of the UnilErd Sial4es knawingly and willfully lkdsifiEis, aanaeals, an cal up all Ill sahEill an disguises a mateiriall fac ar makeis arty falsEi, fictiliaus ar franc LIEind S1alErmel is cm mlpnesEirlalianls or rriakes on uses any lkilsel w0lincl clr c aaurrierlt knave inlg same to corrlain any fallse, ficlilioL s ar Fall ll slslterrlerils an ell shall be fill nat mares t1l $10,000 an impinisoll nat mare than fivE1 years ctrl ll ENG Fill 43k 5, OCT 2012 Pago 3 o l 3 AGENT CERTIFICATION OF AUTHORIZATION S raprciscinting f arab), carr i fy 4 hail I kava aul Kari aad Craig R. WI yawl RLA/ SVS S 1 o dat on fry behaa f I and lake all actions riaciessary to 1Iha pnooessing, issuancia, and aciaeptanaa of this iiequesl for welIands datarmiinatian, perm:ilting anc any and ail slaincaird and special cioric itiona attaohed. We haraby certify thal the above infarm ation submitilad in chis appliciatian is true and accuralci la the basl of our know edge. A <f:) rc* Agenil's signaftm AAIIPReXls signature Marall28 ](116 2 : l Date Date Completion olltbis ftirm will allow the agcrill to sign all futurci application aameispandemcie. Mitigation Services ENVIRONMENTAL QUALITY April 11, 2017 Tony Johnson Vulcan Materials Company 11020 David Taylor Dr. Suite 105 Charlotte, NC 28262 Project: VMC Cabarrus Quarry Andrews ROY COOPER Governor MICHAEL S. REGAN Expiration of Acceptance: October 11, 2017 County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/LAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Impact River Basin CU Location (8 -digit HUC) Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian I Non-Ri arian Coastal Marsh Yadkin 03040105 0 0 359 0 1 0 1 0 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Craig Wyant, agent Sincerely, J me . B Stanfill A Management Supervisor State of North Carolina Environmental Quality Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 I 217 W. Jones Street, Suite 3000 919 707 8976 T SAW -2016-01348 Vulcan Materials, Andrews Site VMC Cabarrus Quarry -Andrews Vulcan Materials Company Cabarrus County, NC April 28, 2017 APPLICANT: Vulcan Materials Company Attn: Mr. Tony Johnson 11020 David Taylor Drive, Suite 105 Charlotte, North Carolina 28262 Phone - 571-422-6401 Email -johnsonto@vmcmail.com AGENT: A Fine Line Design Attn: Mr. Craig R. Wyant Post Office Box 163 High Shoals, North Carolina 8077 Phone — 704-240-0793 Email — craig.wyant e,charter.net WATERWAY & LOCATION: The VMC Cabarrus Quarry is located on Poplar Tent Road, in Concord, in Cabarrus County, North Carolina. From I-85 north of Charlotte take the Poplar Tent Road exit. Turn left onto Poplar Tent Road. Follow to Cabarrus Quarry office on right to check in. From office take Poplar Tent Road to Harris School Road, turn right, follow to Cessna Road and turn right, Follow to Trail Road and turn right. Site is at end of Trail Road on right. Tax Parcel ID 4691-31-9145 The project area is located within the Yadkin Pee Dee River Basin, USGS Hydrologic Unit (HUC) 03040105. The one stream on-site is an unnamed headwater tributary to Coddle Creek. The on-site tributary flows into an unnamed perennial tributary approximately 3,500 feet downstream of the site into Coddle Creek. Coddle Creek then flows in a southeasterly direction to its confluence with the Rocky River approximately 9.2 miles downstream. The Rocky River, is a navigable water of the United States. The Rocky River flows into the Yadkin Pee Dee River which ultimately drains into the Atlantic Ocean. Project Area (acres): 68.91 Nearest Town: Concord, NC Nearest Waterway: Coddle Creek River Basin: Rocky River within Yadkin Pee Dee (03040105) LATITUDE & LONGITUDE: Latitude North: 35.4159 Longitude West: 80.6970 Section B. Proiect Information and Prior Proiect Histor 133a. Describe the existing condition on the site and the general land use in the vicinity of the project at the time of the application. The VMC Cabarrus Quarry Andrews Expansion site is located in the piedmont physiographic region of North Carolina. Mining operations at the quarry began prior to 1996 and have remained active through the present. The project area encompasses 197 acres of land. The Study Area is approximately 75% forested with mixed meduim aged pine and hardwoods. Remaining areas are open crop fields or young successional growth. Surrounding land use is rural residential to the northwest, existing rock quarry to the southeast, and forested land to the northeast and southeast. A perennial UT to Coddle Creek runs along the southern property boundary. The riparian areas along the tributary stream is dominated by various oak (Quercus spp.) and hickory (Carya spp.) species, loblolly pine (Pinus taeda), American Beech (Fagus grandifolia) and Eastern Red Cedar (Juniperus virginiana), American hornbeam (Carpinus caroliniana), red maple (Acer rubrum), and tulip poplar (Liriodendron tulipifera). The understory vegetation includes Christmas fern (Polystichum acrostichoides), Japanese stiltgrass (Microstegium vimineum), poison ivy (Toxico- dendron radicans) and various other species common to the area. The aquatic resources within the project area include one unnamed intermittent tributary to Coddle Creek. Elevations on the site range from a low of 630 feet above Mean Sea Level (MSL) along the southeastern property boundary, to a high of approximately 730 feet MSL along the northwestern property boundary on Trail Drive. The Soil Survey of Cabarrus County, North Carolina (USDA- NRCS) shows the project area as being underlain by Cecil sandy clay loam over a majority of the site with a small amount of Poindexter loam in the southern corner. The hydrologic regime is predominately driven by uncontrolled off site stormwater runoff from residential development north of the project area and areas of planted agricultural field within the site. The 1 st order tributary originating on the property arises from surface flow and has historically been deeply eroded into the landscape due to past agricultural practices. The site has been observed a number of times under a variety of weather conditions throughout the year over a period of several years and there has never been flow observed in the tributary. The total permitted area of the Vulcan Materials Company Cabarrus Quarry was 346.67 acres per the recently expired NCDENR Division of Land Quality Mining Permit number 13-27 (expired 12-14- 16) and re -approved August 16, 2016. The recently proposed and reviewed Mine Permit Modifica- tion increases this acreage by 66.97 acres to a total of 413.64 acres. Of this total acreage, 374.14 acres will be permitted for disturbance. the remainder will be kept as inactive area and will consist of undisturbed buffers and natural area. Of the total disturbed area, the quarry pit excavation area will occupy 145.36 acres, the plant and stockpile area will occupy 97.23 acres, and the tailings and sediment ponds area will occupy 28.48 acres. The remaining area will be used for the storage of overburden and unsuitable waste rock from processing. ��.f.. ,/r``� � t `�� ! �� `f � +�_ - � '---•Jl. ref � "k• t�il`'� �]` � � S '� ,/ � � + I hi=4l-� ��7� :«: sw YI VIA } 4 � (£j" a`Y• � .. �\ �. r �r _ � �(J —t I I!'��j f\lj r+(j n � } j.. �. L vc Y. •• 5 � � - � i i, i ' �� JIS 144��'f�, i ������ r"�i "� =tV �� 1,� _ — -__ �� y�,1,,��:= l - � i d Y i 14 iii J / r ^t700 �-��• � � i..f.ry 'r.-�1 �f-. •,t � F 1 ' ._ _� ���.-. � ��'�` �'S'"'1'� is (1c-'1�� � �•~�vi'M72 "�� `/ �, ✓ �gT ,�� � } f �i1y` `�� � �ti ,,fir 1 / 1 14 4 -52 �� ��� c jJf� �';� �;:�• ��� � �,.�='" �� �1j[[1 . ` �L�\ ,tip, �, � -'�' -r_ �,�= —_ -�/�( — j! r� I1�., }�! � I �f�� � I 4� ' � 1�( I I ySti �•��.} 1V Fi" i /f� Fi J�i , ail t 4 �'�, i�� ! � r��\]'�:rf�. 4 \.�I`--. I `j fr. � � �,t -- - , f - _�lr'i �f �/ %•`� ` �+'-t Source: USGS 7.5 minute quad, Kannapolis, NC (1993) Cabarrus Quarry - Andrews Vulcan Materials Company e Scale: I"=2000' Mideast Division NORTH Project Location Note,, 1. AF 2. St 3. Th R P M 4. Th S O. 5. Pf R 6. Th._ _... .._...___..._ .. ___._. _. DELINEATED BY WETLAND CONSULTANT CRAIG R. WYANT, RLA/SWS. • EXIST. MONUMENTATION AS DESCRIBED FLAG FOUND COMPUTED POINT Q CONTROL POINT (SET NAIL) LINE DATA L1: N 76°53'59" E, 15.95' 1-2: N 58'07'30" W, 30.13' 1-3: S 58°07'44" E, 140.00' L4: S 58'07'43" E, 30.98' 1-5: N 31'52'17" E, 101.41 USACE CERTIFICATE This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U. S. Army Corps of Engineers Wetland Delineation Manual. ti W. Hinson F5, PG 108 i91-32-6142 Regulatory Official: Title: Date: USACE Action ID No. I, HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY SUPERVISION AND THE WETLANDS SHOWN HEREON REFLECTS THE DELINEATION EVIDENCE PROVIDED BY A FINE LINE DESIGN. Samuel L. King, Jr., L-3089 \����111111111ii��� CARO FEss�0 1q W. Hinson 74, PG 259 — 3089 591-32-7633 = L- :�q, 8/16/164 ' q02 WETLAND LOCATION SURVEY FOR: VULCAN MATERIALS CABARRUS QUARRY ANDREWS PROPERTY DB 11555, PG 272, PIN # 4691-31-9145 TOWNSHIP 2, CABARRUS COUNTY, NC AUGUST 16, 2016 JOB NUMBER: 16014 SCALE: 1" = 250' SHEET 1 of 2 0 125' 250' 500' 750' Description Northing Eosting Elevation CNTRL #1 611,179.6579 1,493,810.8340 709.83 CNTRL #2 611,040.1860 1,493,956.4572 675.73 CNTRL #3 610, 834.6092 1,494,153.0094 663.05 CNTRL #4 610,599.7815 1,494,257.6007 650.15 CNTRL #5 610,451.8834 1,494,311.5045 645.44 CNTRL #6 610, 345.2165 1, 494, 460.6041 629.19 S-2-1 610,301.0849 1,494,533.3555 628.27 S-2-2 610, 324.4022 1, 494, 491.1533 628.29 S-2-3 610,365.2287 1,494,437.4312 628.12 S-2-4 610,382.4831 1,494,391.6076 631.90 S-2-5 610,403.6987 1,494,391.8456 631.3T - S -2-6 610,433.5276 1,494,366.9119 635.28 S-2-7 610,464.0951 1,494,356.6266 634.86 S-2-8 610,488.0275 1,494,341.5857 638.39 J -L -J S-2-10 S-2-11 S-2-12 S-2-13 S-2-101 S-2-102 S-2-103 S-2-104 S-2-105 S-2-106 S-2-107 S-2-108 S-2-109 S-2-110 610,498.9878 1,494,286.0527 644.73 610,523.0235 1,494,267.6114 645.38 610,568.1504 1,494,258.9486 647.54 610,616.3106 1,494,260.3719 652.67 610,312.0760 610, 358.9011 610, 371.3814 610, 460.8391 610, 468.2221 610, 470.8521 610, 490.2412 S-2-112 1 610,561.6012 S-2-112 INTI 610,554.2523 S-2-113 1 610, 609.6226 LINE TABLE 1, 494, 489.1324 1, 494, 433.2466 1, 494, 385.2432 1, 494, 382.4169 1, 494, 348.0720 1,494,326.2471 1, 494, 308.1485 1, 494, 279.8067 USACE CERTIFICATE This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U. S. Army Corps of Engineers Wetland Delineation Manual. Regulatory Official: Title: Date: USACE Action ID No. nZ i. 1+0 I, HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER 628.21 MY SUPERVISION AND THE WETLANDS SHOWN HEREON 627.10 REFLECTS THE DELINEATION EVIDENCE PROVIDED BY CRAIG R. WYANT, RLA/SWS. 630.04 /a VIII1liiiii 634.75 iJ%"^-- �" fVA .`\\\p'q �`oSSR'0���i S-2-110 2, iE �O ,9 S-2-111 633.57 Samuel L. King, Jr., L-3089 =40 r 638.08 L-3089 642.52 - - - 645.058/16/16 S-2-109 �7) 646.99 sy '%vSiJRV� L18 �� Transect S-2 — I Intermittent Non—RPW 1,494,249.9763 649.578S-2-108 �(i •` — 1,494,253.4717 647.16 �%� F 1,494,249.1494 650.17 LINE BEARING LENGTH L14 - L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 '04"E 29.52' '20"E 26.08' '13"W 14.78' '42"E 35.22' '38"E 15.88' '04"E 7.63' '00"E 15.15' '32"E 15.79' '46"E 11.05' '42"E 16.38' '47"E 43.96' '33"E 30.79' N / 1 / S-2-11 S-2-106 v� \V S-2-12 S-2-105 S-2-107 S-2-10 / I S-2-104 / _ L25 ZAigi N S -2-9v X27 / S-2-8 S-2-7 ti�b / END S-2-103 %/ S-2-5 / S-2-6 S-2-4 / CURTIS L. ANDREWS, JR. 9 ',,AS-2-3ROBERT E. ANDREWS � S-2-102 DB 11555, PG 272 / / PIN # 4691-31-9145 56 E 28.57 / "51"E 47.60'V101 / "15"E 71.29' /s-2-2 NON—RPW INTERMITTENT ,'12"E 46.31' STREAM S-2 475 LF -1 INTERMI TIENT PREPARED BY: KING ENGINEERING of CONCORD, INC. C-0953 W1401 POTEAT DRIVE MORGANTON, NORTH CAROLINA 28655 PHONE (828) 403 — 5586 LEGEND 0 FLAG FOUND 0 COMPUTED POINT Q CONTROL POINT (SET NAIL) "QUARRY BASE" N: 610, 988.7920 E: 1, 492, 638.7660 EL = 754.48 CONTROL PT #1 Set Nail N: 611,179.65 79 E. 1, 493, 810.8340 EL = 709.83 Vicinity Map WETLAND LOCATION SURVEY FOR: VULCAN MATERIALS CABARRUS QUARRY ANDREWS PROPERTY DB 11555, PG 272, PIN # 4691-31-9145 TOWNSHIP 2, CABARRUS COUNTY, NC AUGUST 16, 2016 JOB NUMBER: 16014 SCALE: 1" = 50' SHEET 2 of 2 0 25' 50' 100' 150' Site FIELD ASSESSMENT FORM ra USACE AID #: SAW -2016-01348 NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): VMC Cabarrus Andrews Site 2. Date of evaluation: 1-14-16 3. Applicant/owner name: Vulcan Materials Comjpany 4. Assessor name/organization: Craig R. Wyant RLA/SWS 5. County: Cabarrus 6. Nearest named water body 7. River Basin: Yadkin on USGS 7.5 -minute quad: Coddle Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.4159 80.6970 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Transect S-2 10. Length of assessment reach evaluated (feet): 475 If 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4.0 r Unable to assess channel depth. 12. Channel width at top of bank (feet): 12.0 13. Is assessment reach a swamp stream? r- Yes (- No 14. Feature type: _­ Perennial flow 4' Intermittent flow C Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: / Mountains (M) Piedmont (P) C Inner Coastal Plain (I) Outer Coastal Plain (0) 16. Estimated geomorphic 1-1 J valley shape (skip for i a f+ b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip C: Size 1 (< 0.1 mi`) > Size 2 (0.1 to < 0.5 mi`) Size 3 (0.5 to < 5 mi`) r Size 4 (>- 5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ': Yes i' No If Yes, check all that appy to the assessment area. F_ Section 10 water F_ Classified Trout Waters F_ Water Supply Watershed ( (- I r II r III r IV i- V) F Essential Fish Habitat r Primary Nursery Area F_ High Quality Waters/Outstanding Resource Waters F Publicly owned property F_ NCDWR riparian buffer rule in effect F_ Nutrient Sensitive Waters I- Anadromous fish F_ 303(d) List F_ CAMA Area of Environmental Concern (AEC) F Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ti Yes f_. No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C" C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric _ A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). Ce B Not A 3. Feature Pattern - assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). t: B Not A. 4. Feature Longitudinal Profile - assessment reach metric is A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). f" B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). f" A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A r- A Little or no evidence of conditions that adversely affect reference interaction i B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) r C r: C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. I— A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) [— B Excessive sedimentation (burying of stream features or intertidal zone) F- C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F D Odor (not including natural sulfide odors) I— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F F Livestock with access to stream or intertidal zone F G Excessive algae in stream or intertidal zone F H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F I Other: (explain in "Notes/Sketch" section) -7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. C A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r' B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9 Large or Dangerous Stream — assessment reach metric C" Yes : No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types —assessment reach metric 10a. f— Yes is No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) I— A Multiple aquatic macrophytes and aquatic mosses � E I— F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) i= co I— G Submerged aquatic vegetation F B Multiple sticks and/or leaf packs and/or emergent o r H Low -tide refugia (pools) vegetation I— I Sand bottom F C Multiple snags and logs (including lap trees) I— J 5% vertical bank along the marsh F D 5% undercut banks and/or root mats and/or roots v I— K Little or no habitat in banks extend to the normal wetted perimeter E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. t' Yes f: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). I— A Riffle -run section (evaluate 11c) I— B Pool -glide section (evaluate 11d) C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but <_ 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P {: C { C { Bedrock/saprolite {: C {- C Boulder (256 — 4096 mm) +' C C C (` Cobble (64 — 256 mm) (+ C (` Gravel (2 — 64 mm) {: C C (' (` Sand (.062 — 2 mm) {+ f-' { C { Silt/clay (< 0.062 mm) (: C C C (` Detritus (. f-` f-' { Artificial (rip -rap, concrete, etc.) 11d. { Yes f"" No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. f: Yes i' No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. fi No Water f__ Other: 12b. C Yes {: No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. I— F Adult frogs r Aquatic reptiles r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) F F Beetles (including water pennies) F F Caddisfly larvae (Trichoptera [T]) F r Asian clam (Corbicula ) F F Crustacean (isopod/amphipod/crayfish/shrimp) F F Damselfly and dragonfly larvae Dipterans (true flies) r Mayfly larvae (Ephemeroptera [E]) F F Megaloptera (alderfly, fishfly, dobsonfly larvae) (— Midges/mosquito larvae (` Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) r Mussels/Clams (not Corbicula ) F r Other fish (— Salamanders/tadpoles Snails r Stonefly larvae (Plecoptera [P]) F F_ Tipulid larvae F F Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB i`- A f-' A Little or no alteration to water storage capacity over a majority of the streamside area f' B ty B Moderate alteration to water storage capacity over a majority of the streamside area f— C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB f-' A A Majority of streamside area with depressions able to pond water >_ 6 inches deep i' B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep (" C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB C Y — Y Are wetlands present in the streamside area? (i N N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. r A Streams and/or springs (jurisdictional discharges) F B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F_ C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F E Stream bed or bank soil reduced (dig through deposited sediment if present) re F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. I— A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) F B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) r C Urban stream (>! 24% impervious surface for watershed) r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F_ E Assessment reach relocated to valley edge F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. f: A Stream shading is appropriate for stream category (may include gaps associated with natural processes) r' B Degraded (example: scattered trees) i`- C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB (: A i': A (: A (— A >: 100 -feet wide or extends to the edge of the watershed (-' B (-' B C B (* B From 50 to < 100 -feet wide C C C C (-' C C C From 30 to < 50 -feet wide C D C D C D C D From 10 to < 30 -feet wide (' E (— E (— E (' E < 10 -feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB (: A A Mature forest B (i B Non -mature woody vegetation or modified vegetation structure C C C Herbaceous vegetation with or without a strip of trees < 10 feet wide (— D {" D Maintained shrubs f" E ( E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB (- A C A (- A (— A ( A C A Row crops ( B C B ( B C B { B (` B Maintained turf ( C C C C C C C C C C C Pasture (no livestock)/commercial horticulture (" D (— D C D C D C D (— D Pasture (active livestock use) 22. Stem Density— streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB is A : A Medium to high stem density f" B f— B Low stem density I� C I- C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 -feet wide. LB RB A A The total length of buffer breaks is < 25 percent. f,B C B The total length of buffer breaks is between 25 and 50 percent. i C f— C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB f" A i^ A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B f: B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. r" C f C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. (— Yes (: No Was a conductivity measurement recorded? If No, select one of the following reasons. (: No Water C Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). (" A <46 C B 46 to < 67 C C 67 to < 79 (` D 79 to < 230 (' E ? 230 Notes/Sketch Attached items include: 1. Site photographs 2. Survey of stream 3. Sketch of cross section 4. USACE Stream Quality Assessment Worksheet 5. NCDWQ Stream Identification Form Version 4.11 6. USACE JD Basis Form NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name VMC Cabarrus Andrews Site Stream Category Pb1 Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation 1-14-16 Assessor Name/Organization Craig R. Wyant RLA/SWS YES NO YES Intarmittant USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow HIGH HIGH (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access LOW LOW (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability LOW LOW (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality HIGH HIGH (2) Baseflow HIGH HIGH (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance HIGH NA (2) Intertidal Zone Filtration NA NA (1) Habitat MEDIUM MEDIUM (2) In -stream Habitat LOW LOW (3) Baseflow HIGH HIGH (3) Substrate LOW LOW (3) Stream Stability LOW LOW (3) In -stream Habitat LOW LOW (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat MEDIUM MEDIUM (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall MEDIUM MEDIUM J . '(14P 4 2 ss e CAJ Source: 4L JSGS 7.5 minute cii Cabarrus Quarry - Andrews Vulcan Materials Company e Mideast Division NORTH VI.- iapolls, NC (1993) Scale: I"=1000' NCSAM Assessment 133d. Explain the purpose of the project: Applicants: The applicant's stated purpose is to expand the existing pit to allow for mining opera- tions to continue for the near future and to provide storage space for the overburden and waste rock generated in order to access the known reserves of the pit expansion. The proposed mine plan has been approved by the NCDENR Division of Land Quality. Without the pit expansion, the quarry would only have enough reserves for approximately two more years and would be forced to close. Basic: The basic purpose of this project is to mine construction grade aggregate. Overall: The overall purpose of this project is to mine construction grade aggregate in order to supply the surrounding market need on a long term basis in a systematic and cost effective manner. Water Dependency Determination: This activity does not require access, or proximity to, or siting within the special aquatic site in question to fulfill its basic purpose. 133e. Describe the overall project in detail, including equipment to be used. Cabarrus Quarry will generate 10 million cy of Overburden and 18 million cubic yards of waste rock. Cabarrus Quarry currently and will continue to move this material off-site through providing borrow material for other construction projects and blending waste rock with soil to create a engi- neered fill material. However, off-site removal does not occur as fast as the material is generated. The surplus of material is stored on site until it is shipped off-site. The Andrews property acquisition was made for handling this excess material. Currently there are 1.5 million cubic yards of material blocking access to reserves, if the fill is limited to Alternate No.2 then as soon as this material is relocated Cabarrus Quarry will not have anywhere to store waste rock. The full 2.9 million cubic yards is needed for Cabarrus Quarry to meet its immediate need to uncover reserves and manage waste rock as the facility continues to operate. The construction sequence will first require the establishment of a 50 foot buffer around the entire perimeter of the site along all adjacent properties. A 100 foot buffer will be maintained along the perennial UT to Coddle Creek to the south. Next, the sediment and erosion control measures will be put in place around the perimeter of the site to control stormwater flows. A Class 1 rip -rap underdrain will be constructed at the lowest point of the site to capturegroundwater flow. Clearing of the site will take place before the site is filled with overburden and waste rock. The fill material will be placed in lifts and internal roads will be constructed to add and remove the filled material as necessary. The following unavoidable stream and wetland impacts are proposed. Stream Imnacts S-2 Intermittent Stream Rip Rap Underdarin and Permanent fill 359 if total impact (Identified as S-2 in JD) LEGEND \ PERMIT AREA ADJACENT PROPERTY LINE PER TAX MAP - UNDISTURBED BUFFER STREAM BUFFER -- ---3125^ EXISTING INDEX CONTOUR - -. EXISTING INTERVAL CONTOUR r1� SPOT ELEVATION WATER PAVED ROAD UNPAVED ROAD BUILDING -'- - .-_ FENCE TREES x POLE 10 YEAR PIT LIMIT WIRE REINFORCED SILT FENCE 1. THIS DOCUMENT WAS PREPARED BY PHILIP BAILEY, PE. 725 - 2. PROPERTIES ARE BASED ON CABARRUS COUNTY GIS. - 3. TOPOGRAPHIC DATA IS A COMPILATION OF AERIAL MAPPING FROM 2007 CABARRUS COUNTY DATA UPDATED WITH MAPPING OF THE CURRENT PERMIT AREA PREPARED BY TUCK MAPPING SOLUTIONS, DATED 10-26-13. - PLAN VIEW SCALE 0 150 300 450 SCALE 1"=150' VA TYPICAL OB FILL DRAINAGE BENCH 30' WIDE, T CROSS SLOPE DITCH X808 10+00 W OZ o+o o d _ 1 o � b 0 0 --_� 2'_DEEP, S' FLAT BO OM� CHANNEL 2016-0 i - -_� Usk i �� z +i CULVERT CU 2016-001 > 0 ---------____-___ o CONCRETE .]'HDPE - - -- _ UNDERDRAIN UD __ _ -- £G oIN__NDERD--- URAW � SEDMgENl I N IDENTIFIED I6 ANDS 7 OO -- CHANNEL PERIMETER SEDIMENT CHANNEL REVIEW DATED 1-14-1 - + - , TREAM BANK PERIMETER ACCESS ROAD 0 &S� I --_ 9-- - C!FL4N1VEj, INSTALL WIRE RE RCED SILT FENCE Q Z J Z Q CL V z0 W � W Q O U w Z 25 F- QW F p m Z V Q m Of LL d W O SHEET NUMBER B OFS 69 1000 25 70t 00 71 00 72F r -i 73-00 74 00 75100 76100 r I i1 77t 00 78-00 -i 79 1- 00_1_80--00 81+00 -� - i-�- 82 00 83 00 84--00 - 85-00 + 86t 00 87 00 1000 OVERBURDEN STORAGE AREA 0 0 0 0 '+ oConstruction &quence ao 70 n <o Qo m m w� 11 w 11 o w Qw Q w �, mow. -900 _ apo -700 Phase I Development 1. Clearenuugh area to instal] the wire reinforced sill fence and Sediment Channel 201 ri- 001. 2. Install wire reinforced silt fence from near Sta 10+00 to near Sta 49+00. 3. Construct the Sediment Channel from Sta 10+00 to at least Sta 27+00. 4. Install Underdrain 2016-001 under Sediment Channels 2016-00 i 8r. 002 and under the � � to 0 VU - N ='� o - - - E, J Ow - 5- perimeter berm. Commence placing overburden in the bene adjacent to the channel from Sta 10+00 to Sta 27+00. - - +, tE cen ceu cell eon �wsa�z,5o' �ms1-, 6.0 - su 70+75 SLL 7-75 Sl. 7-75 w m-��5 - 10s��z+5a - Sia 7-75 -+ eeR SV 79+0010 Sfe 84+60 X00 6. Continue installing the Sediment Channel ahead of the adjacent berm construction. 7. Sediment Channel 2016.001 will be complete when constructed From Sta 10+00 to Sta - 67+50. Work may not be completed in one project and final completion from Sta 10+00 50 69+25 1 70 00 71+00 72+00 I �� _i 73+00 74+00 75 000 76+00 {- 77 00 78 00 79+00 80+00 81 +00 { 82 00 83 00 84+00 _ 85+00 -� 86+00 so0 87+00 8. to 67+50 is not a prerequisite to commence construction of Phase 2. As final slopes are completed, seed and mulch as per the approved Vegetation Plan.. PROFILE SEDIMENT CHANNEL 2016-002 SCALE 1" =100' Phase 1. 2 Development Construct Sediment Channel 2016-002. 0+00 1+00 2+00 - 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 -1000o - 2. 3, 4. Install Culver 2016-001, 30" culvert under access route to the overburden fill area. Begin placing overburden in the slora a area, maintain grades to ensure proper drainage flow paths are maintained throughout the life of the storage area. Extend the access road 1 Conveyance Channel 2016-001 as the Fill progresses. O U D 5. Continue placing fil l and vegetate Final slopes once the grades are achieved as per the 900 _ - -900 _ approved Vegetation Plan. o U 800- - _ -800 PLANT AND STOCKPILE AREA Z W w FILL TYP 30' - PROPOSED 01 Cn _ 700- - C TYP.3R' _ -700 'Construction se4uen l� O O - - - EXISTING ROUND - - 600-- BEGW UNDERDRAW -600 1. Clear enough area to install the wire reinforced silt fence and Sediment Channel 2016- g - - 2. 003. Install wire reinforced silt fence as shown on the plans. o 5o 1 1+00 r 2+00 0+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 CROSS SECTION A- 11+00 12+00 A' 13+00 14+00 15+00 16+00 17+00 18+00 00 3. 4. 5. 6. Construct the Sediment Channel from Sta 19+00 to Sta 33+50. Commence excavation and filling to bring the plant and stockpile area to grade. Install Conveyance Channel 2016-002. Install Conveyance Channel 2016-003. o < a x t w SCALE 1" = 100' 7. As final slopes are completed, seed and mulch as per the approved Vegetation Platt. SAFETYBERMS FILTER CLOTH PLACE V LONG BREAK IN BERM EVERY 100' Z BETWEEN ROCK CHECK DAMS TO ALLOW DRAINAGE FROM ACCESS ROAD TO ENTER vARIEs zs m sR' see PROFR.E OLnss I RIP RAP J 0 \ Y CHANNEL r I cHECKDAM STI �I 001-/ 15CHANNEL 002 S CHANNEL 003 CHANNEL. LINT: SLOPE AT BREAKS WITH NORTH AMERICAN GREEREDUCE EROSION ALONG N SC-250 TURF REINFORCEMENT TO SEDIMENT CHANNEL SLOPES 25' Channel 001 & 004 20' Channel 003 zi \ HORIZONTAL HASELWE AND VERTICAL PROFT-E TIE POINT ON 100' CENTERS BETWEEN ROCK CHECKDAMS-BREAK SAFETYBERM CONSTRUCT 1' DEEP GRASS V-DITCH WITH 3:1 SIDE SLOPES USE NORTH AMERICAN GREEN SC-250 OR EQUNALENT. FOLLOW MANUFACTURER'S INSTALLTION GUIDLINES FOR STAPLE PLACEMENT AND TOP& TOE ANCHOR TRE 6" NCDOT N0.57 STONE IWDERLAW WITH FHTER CLOTH 3' TO TOP OP CHANNEL, I I LE 1 ROEHi{ 3 Q tY U Q F.. /may O V Z �O � � a V in Z Q 0 V t% LL 0 Z O Q V LL_ J Q ~ C U-15'CHANNEL ll.l t1 CLASSIRIPRAP TYPICAL PROFILE SEDIMENT CHANNEL ROCK DAM SCALE I"=10' FHL VOIDS M RIP RAP WITHNCDOTNO57STONE AND H WD RIP RAP VARIES SEE PLAN TND-DEAAP SURFACE INVERT 11O r TYPICAL SEDIMENT CHANNEL CROSS SECTION EMBEDDED I-IASTONE. OF V SCALE I"= 10' TO SPILLWAY INVERTQUAL EXTEND 3' OUT OFEMHANKMENT UN18"DERL WITHRAP UN LAS WITH FILTER CLOTH ON OPSTRF.AM and DOWNSTREAM TO BE USED FOR STORM WATER SAMPLING. ENDS. EXTEND ROCK DRAW DOWN TO 10' DRAIN BOTTOM OF CHANNEL TYPICAL SEDIMENT CHANNEL ROCK UNDERDRAIN DETAIL SHEET NUMBER SPILLWAY OUTFALL SCALE V = P SCALE I"= 10' s of s zrverburde 1-= Storage '-. -- _ -_ Area BES 1JRDN—�---_ FOLIONRMLTENT ST-T��AM Y_----- e=^ IDENTIFIED IN PRELIM _ TLAN REVIEW DATED 1-14-16 Tmpact- �-�- - --F - -�- - s 3 5 9 if In act - STREAM BA I 4 - _ LDSURVEY m c Stream S-2 - 475 if total JD HA PqNEL Intermittent Non-RPW _ J � Rock Dam � �t Avoid Impact 116 If F— Property Line �enni Z-100' Stream Buffer GI VMC Cabarrus Quarry Andrews Detail Plan View SAW -2016-01348 e 1 50' NORTH April, 25, 2017 I"=501 TO Rock Dam loo, Stream Buffer C Perennial UT Coddle Creek (OfrSite) •f End Impac ...,,.,1 Impact 116 if Property Line 50&-f i + 1+00 Overburden Impact S-2, 359 if Impact - Fill Rip Rap Underdrain I I I I 1 2+100 1 3+00 4+100 Stream S-2 - 475 if total JD Intermittent Non-RPW Storage Area Existing Grade BEGIN U DERDRAI:' End JD VMC Cabarrus Quarry Andrews Detail Section Thru Fill SAW -2016-01348 50' April, 25, 2017 P=501 F1 — ri n— 6" NCDOT NQ. 57 STONE UNDERLAIN WITH FIL'I'FR. CL-O"I-A Detail Not to Scale CLASS I RIP RAP 2- VARIES 25'to 54' SEC PROFILE 2" TO TOP OF CHANNEL TYPICAL PROFILE SEDIMENT CHANNEL ROCK DAM VAIRIFS SEE PLAN INVERT ELEV 4" SCH 90 PIPE EMTAFDDED IN 21A STONE. UPSTREAM DArERT EQUAL TO SPILLWAY INVERT. EXTEND Y OUT OF E&MANKMENT ON UPSTREAM and DOWNSTREAM ENDS. TO BE USED FOR STORM- w WATER SAMPLING. TYPICAL SEDIMENT CHANNEL SPILLWAY OUTFALL VARIES Y to 4 SEE PROFILE FILL VOIDS IN RIP RAP WITH NCDOT NO.57 STONE TO PROVIDE A DRIVING SVRFAC:E AND BIND RIP RAP 18" OF CLASS I RIP RAP UNDERLAIN WMI FILTER CLOTH EXTEND ROCK DRAIN DOWN TO DRAIN BOTTOM OF CHANNEL VMC Cabarrus Quarry Andrews Impact Details SAW -2016-01348 Not to Scale April, 25, 2017 B5. Project History BSa. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes. BSb, If yes. explain in detail according to the "help file" instructions. The original wetland delineations for the study areas were performed by Craig R. Wyant of a Fine Line Design. An 8.163 acre study area was reviewed within the existing quarry operation. The delineation was verified by Mr. Steve Chapin of the Asheville Regulatory Field Office on August 26, 2002 (Action ID No. 200231237). Original impacts under NWT 26 consisted of 1261f impacts to RPW stream. An 85.3 study area located to the northeast of the existing quarry was delineated by Craig R. Wyant of a Fine Line Design and was verified by Ms. Amanda Jones of the Asheville Regulatory Field Office on April 5, 2006 (Action ID No. 200530423). 2007 Impacts total approximately 244 linear feet of Important Intermittent stream channel, 1,348 linear feet of Unimportant Intermittent stream channel, and 0.497 acre of wetland area. D. Impact Justification and Mitigation DIa. Specifically describe measures taken to avoid or minimize the proposed impacts in de- signing the project. In addition to following strict proptocols for design of erosion and sediment controls in accordance with the requirement of the issuance and approval of a Mine Permit from the NCDENR, there will be no work in live streams and no live concrete will be allowed to come into contact with surface waters. All land distrubing activities will be kept 100 fet away from the downstream perennial stream that is a UT to Coddle Creek. Impacts to the lower 116 feet of intermittent stream on site will be avoided. Buffers will be placed around the entire property. The quarry operation is visually screened by vegetated earthen berms and forested areas surrounding the site. Also, the berms as required by the approved Mining Permit and local zoning requirements would be landscaped and act as a visual barrier to the quarry operations. A fifty foot vegetated buffer is proposed around the entire perimeter of the project. This buffer is forested in many areas. A number of project design alternatives were reviewed before deciding on the preferred alternative as follows: Alternative 1. No Build Alternative The No Build Alternative for the Vulcan Materials Company Cabarrus Quarry Andrews expansion project would allow continued production of construction aggregate products for only a very limited time before the quarry was forced to go out of business. In order to continue operation, the quarry needs to continue to access known reserves on site. In order to do this, the overburden needs to be remonved to expose the rock to be quarried and only a portion of the overburden and waste rock can be disposed of off site immediately. In order for the quarry to continue to provide crushed stone to the public and to the existing on-site concrete batch plant and asphalt plant businesses, the quarry needs to remain in operation and to expand as approved by the thirty year Mine Plan and recent Modifications. If material had to be trucked into the market from other quarry sites for any nearby construction projects or for use by the existing concrete batch plant and asphalt plant the cost of providing the material would increase significantly due primarily to increased transportation fees. Requiring the Cabarrus Quarry to close prematurely would not only reduce the amount of available crushed stone within the market area, but would also decrease the local competition amongst the other quarries within the market and thereby potentially drive up the costs of crushed stone. Alterna- tive sites for a similar operation do not exist in the immediate geographical marketing area due to the increased development of the area, land availability, and land costs for nearby competing land development uses such as the Concord Regional Airport, Charlotte Motor Speedway, Concord Mills mall, and related land uses. There are no known available sites in this market to open a new quarry and as such if this expansion is not allowed to occur, Vulcan Materials Company would simply have one less quarry in the area in which to supply crushed stone and generate revenue to its shareholders. It would also have to prema- turely cover the reclamation costs associated with closing down the quarry, without the associated available stone to offset the costs. The property has been in operation as a quarry since prior to 1996, and Vulcan Materials Company has expanded and permitted the property over the years with the assumption that the property would be available for quarry use. An additional potential economic issue is the impact of quarry expansion on property values in the vicinity of the operation. Residential and commercial development continuing in near proximity to the existing quarry operation seems to suggest that continued operation and future expansion of the quarry would not diminish property utilization or value in the area immediately surrounding the quarry. For example, the vast majority of commercial and residential development within the surrounding area has been built within the last several years years and has even required the upgrade and improvement of the Poplar Tent Road exit for I-85 as well as all of the surrounding nearby interchanges. Finally, the proposed project would provide continued employment for the existing employees and would serve as an employment opportunity for other citizens in the surrounding community for the next 30 years or so based upon the requested length of the permit requested by the applicant. Alternative 2 (Avoidance Plan) Consists of filling the Andrews property while entirely avoiding impacts to the Waters of the US. The storage capacity of the fill proposed for the Andrews parcel is reduced from 2.9 million cy yards to 1.5 million cubic yards; nearly half capacity. Therefore, at nearly the same construction cost and effort as impacting the 3591f of Intermittent Non-RPW, avoiding its entirely, there would be a significant reduction in the viability of the site for use of storing the overburden and waste rock. Alternative 3 (Minimization Plan) Minimization of impacting only a portion of the Waters of the US on the Andrews parcel would not accomplish the intended purpose of actually reducing impacts and would not satisfy the purpose and needs of the project. The storage capacity of the fill is reduced somewhere between 2.9 million cy yards and 1.5 million cubic yards. Since the lowest portion of the site is also where the greatest volume of overburden can be stored per acre, reducing only a portion of the stream impact would not significantly reduce the actual stream impact because the remaining portion would not be fully functioning having been deprived of its drainage area and a portion of the length. However, the resulting volume of overburden that would be stored would be greatly reduced by comparison. As such, if any portion of the stream is to be impacted at all, it would make little or no difference if the entire length were impacted or if just a portion of the length were impacted. o p OJ 0 Cl f n � _ 725 Ar\ )(791,0 '0 2+00 l i �j+( I a OX x PERIMETER SEDIMENT CHANNEL _I y' r PERIMETER ACCESS ROAD INSTALL WIRE REIN RCED SILT FENCE L O+nn 0 250' 500' ALE 1" = 250' c CL E VU �co -o a" 3 ell U x N U 0.1 U GQ U W o \6 A p o d Q A W W W W x d U ell U x N N V FO O 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 1000— 1000 900— < —900 PROPOSED > OB FILL soo- W -800 700- 700 EXISTING G OUND WATERSOFTHEUS 600- -600 500+00 1+00 2+�00 3+�00 4+�00 5+�00 6+�00 7+�00 8+�00 9+�00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 0 CROSS SECTION A- A' 0 150' 300' SCALE V = 150' 1� Fell I� 3 Q U Cli Q U j U w z z w w � z Z Q 1� Fell I� Q U Cli Q Z w ^ Z Q w Q h U Alternative 4 (Opening New Quarry Operation Within Market Area) If the Vulcan Materials Company Cabarrus Quarry was forced to cease operations and a new quarry was opened to replace the existing and ongoing operation, it would require a number of very costly and time consuming steps, if it could be shown to be possible at all. The region has grown substan- tially around the quarry since at least 1996 from mostly rural area to a mix of new moderately dense commercial, industrial, and residential uses that have made the availability of a tract of land of any size extremely difficult and mostly unaffordable. Additionally, for a business such as mining or other resource extraction and processing industry, the resource present on the site and of a suitable quality so that it can be mined, processed and used for construction purposes. If such a site existed, and the market would justify opening another quarry in the vicinity, it very likely would already have been pursued. The reasonable market area for the Cabarrus Quarry is service within approximately 15 miles in a direction generally towards uptown Charlotte along the I-85 corridor. A number of other existing quarries within this market area all compete for the same work on projects as the Cabarrus Quarry. Since some of these quarries are already positioned to continue to expand and service the market for the forseeable future, the time and expense of opening a new quarry operation would be extremely difficult to do in any competetive manner. Evenn though some of the other quarries are owned by Vulcan Materials Company, each offers products that may differ from each other and each quarry operates independently of the others from an operational standpoint. f'"(,�)Kannapolio. Quarry . h - Y. 4 i" Davidson 4 4 � 4c, 4rf anna ■ rr / yr Y 4,i C • # n a t d i'a l __: i f"-1"'• . 'k 9!'• ' . '� • '�„ n" 1y, s MAL' (i)'"Hj edrick 'ndus'trie's' a �•yyy''', a-1OAY .i � �'. x t SITE e T, 1 �!� •�, M • i \ .li,. +-w f 6 Gray ■ - _ � �it� �r�� •r��l PNS � I- yy r�.y z U. ater ls-co(�) ` . l r;*. Marlin. a I+P � 4 a �l_ j�! +dryMarietta. ^� �g # "llr Creek Quarry An. Ch'8r-lotlq Quarry z X . s , •• 47y w a. •` hzi 6 t Vulcant Matbria is Co rtl • r . t `'•� - � � PAR 'iii,,' t r g• °� Ui,.nt'Hill 7- _LE CREEK • ' Maltf f 5 ' r � �+ y Alternative 'rr a +F , Alternative 5 (Use of Adjacent Parcels Across Perennial UT Tributary Stream on Goodman Drive The engineers at Vulcan Materials Company have looked into redesigning and relocating a portion of the plant operations to parcels along Goodman Road that are not presently developed. At this time, a major change in the operation of the quarry by redesign would require a new Mine Permit and Modification from the NCDENR Division of Land Quality. Sufficient information is not avail- able yet to determine if this option is feasible for the short term. It would still not relieve the need for the storage of overburden and waste rock from the approved pit expansion. The property owners to the south on the other side of the perennial UT to Coddle Creek have been approached and are not yet willing to sell the land. At such time when the land does become avail- able, it is less suitable for overburden storage than the Andrews Property due to topography, storage volumes are anticipated to be considerable less. Crossing the perennial stream will required disturb- ing the protected 100 foot buffer and significant stream impacts to a more important aquatic re- source. Cabarrus Quarry - Andrews Vulcan Materials Company Mideast Division :S70R WATER N1"CEMEg7J ER ION & SEDIMENT CONTROL STRUCTURES Source: Vulcan Materials Company Engineering Plans Not to Scale Alternate 5 Use of Adjacent Parcels NORTH on Goodman Road Tue, Dec 20, 2016 8:28 AM Subject: Cabarrus Quarry Potential Wetland / Stream Impacts Date: Monday, December 19, 2016 12:49 PM From: Johnson Jr, Tony <johnsonto@vmcmail.com> To: Craig Wyant <craig.wyant@charter.net> Conversation: Cabarrus Quarry Potential Wetland / Stream Impacts Hey Craig, We just had a meeting about relocating the existing plant shown on the attached pdf Mine Map labeled "Plant and Stockpile Area" along Goodman Road at Cabarrus Quarry. The new plant layout configuration has not been finalized by Vulcan's engineering team. However, I wanted to give you heads up that we may need to impact some areas. Chris Scott sent the attached map showing areas with two red lines showing potential lengths of impacts, however until the plant layout is completed, we are not sure how much will be impacted. Our goal is to purchase more land so we would not have to impact streams however, the Vulcan Land team is communicating with the property owner to see. I haven't heard anything yet. Thank you, Tony Johnson Environmental Engineer Vulcan Materials Company 11020 David Taylor Drive, Suite 105 Charlotte, NC 28262 Office 704-547-7076 Cell 571-422-6401 Fax 704-549-4137 Page 1 of 7 MINE PERMIT ACREAGE EXISTING PROPOSED TOTAL CATEGORY ACREAGE MODIFICATION ACREAGE PLANT / STOCKPILE AREA 97.23 Ac 0.00 Ac 97.23 Ac \ I /����, " ❑ >r' ,f O \ 50' PROPERTY \ MINE EXCAVATION AREA 131.89 Ac 13.47 Ac 145.36Ac ��, 1 ' % / Q❑ �_ BUFFER OVERBURDEN STORAGE AREA 62.00 Ac 41.07 Ac 103.07 Ac \� �f 0 TAILINGS / SEDIMENT POND AREA 17.07 Ac 11.41 Ac 28.48 Ac Z7 / V `� PERMITTED FOR DISTURBANCE 308.19 Ac 65.95 Ac 374.14 Ac PROPOSED INACTIVE AREA 38.48 Ac 1.02 Ac 39.50 Ac Q STORMWATER MANAGEMENTI i TOTAL PERMITTED 346.67 Ac 66.97 Ac 413.64 Ac hl EROSION & SEDIMENT CONTROL ,y D TURES STRUC \ / a I ° PROPOSED l4 olRTsroRAGEaDa \ FUTURE QUARRY - r AREA a° �o I I��fi GAJ 1 r -LT 6�� PROPOSED CD QUARRY f `I AREA— Q tom"�/ I DI T STORAGE L ���<.e / �y Q� / e F r� QUARRY .,- r \. ,y✓ � f // AREA _ �o�, '/ I�•.. DIRTSTORAGE�Io ) U O l.,`�i l �s I LLI # - 0 b PLANT and STOCKPILE AREA LEGEND o j a i ASPI IAL I o PERMIT AREA ADJACENT PROPERTY E PER TAX MAP a 3 LIN i UNDISTURBED BUFFER � s� STREAM UFFER {i -..;a, •r �f-,�—.�—� _ Jy �% _ _ ,-_/ `-3� EX STINGB NDEX CONTOUR ' M i ` J TORMWATER MANAGEMENT/ EXISTING INTERVAL CONTOUR 3334.4 SPOT ELEVATION 5 MENT/ i '� WATER EROSION & SEDIMENT p /) CONTROL STRUCTURES PAVED ROAD Z L j` �� UNPAVED ROAD 0 �i El I� _°� J BUILDING Q' FENCE } U O Z /':< J /'/ / "--• TREES 2 1— J �K��' \ ® POLE j R' taj a a� i e - J PLANT ani * \. , `T,' / Z 0 0 STOCKPILE APEA 0 7. THIS DOCUMENT WAS PREPARED BY PHILIP BAILEY, PE m LU Z a 2. PROPERTIES ARE BASED ON CABARRUS COUNTY GIS. a O W 0 41 / azsi �i /'�� j / 3. TOPOGRAPHIC DATA IS A COMPILATION OF AERIAL MAPPING FROM V u LU — \ \✓ / �- i 2007 CABARRUS COUNTY DATA UPDATED WITH MAPPING OF THE LL I iXIS'fING.Q UARR -XII % CURRENT PERMIT AREA PREPARED BY TUCK MAPPING O SOLUTIONS, DATED 10-26-13. } 41 (. s lENTRANCE121- v PLAN VIEW SCALE EXI. TING QUARRY ' / � 1 f SHEET NUMBER 300 600 900 2 OF SCALE 1"=300' Alternative 6 (Use of Adjacent Properties Surrounding the Site Along Trail Drive) Each of the property owners on the northwest side of the Andrews parcel along Trail Drive has been approached in an attempt to acquire the property by purchase. None of the property owners has expressed an interest in selling their property at this time. Uulian Materials Company M rch 5, 2016 Kevin Ashley PI nning & Development M n ger City of Concord PO Box 308 Concord, NC 28026 Re: Administr tive Zoning for pproxim tely 68 cres of recently nnexed I nd De r Mr. Ashley, Att ched is summ ry of our ctivity in meeting/corresponding with djoining property owners to the 68 cre tr ct of I nd th t w s recently nnexed into the City of Concord's jurisdiction nd will be considered for dministr tive zoning design tion by the City t the M rch 15 PI nning & Zoning He ring. We h ve either met with in person, phone, or writing a ch property owner nd provided n upd to to our existing qu rry nd pl ns for this recently nnexed tr ct (See t ble nd correspondence tt ched). We h ve h d no objections to our pl ns to d te. Ple se let me know if you h ve questions or need ddition I inform tion. Sincerely, Denise H Ilett Government nd Business Rel tions M n ger, NC Mide st Division Cc: Thom s C rroll Corey Duke Tim G rrett Enc: Adjoining Property Owner Communic tion CH RLOTTE REGION LS LES OFFICE 11020 D VID T YLOR DRIVE, SUITE 105 • CH RLOTTE, NC 28262 • TELEPHONE 704-549-1540 • F X 704-549-4137 Andrews Property Adjoining Neighbor Meetings/correspondence Ta ID Property Owner Address City, State, Zip Phone Date Note 21 311 John R Sr & Barbara A Schuck PO Box 5092 Concord, NC 2 027 704-7 6-2633 4 -Feb met 2/ 5 PM. Sent f/u letter 2/9...no objections 31 514 Walter J Jr & Pamela D Lefler 336 Cessna Rd Concord, NC 2 027 704-7 6-0722 per Hinson, selling & moving near GH Quarry 22 -Feb I vm 29 -Feb mailed letter with summary met Joshua, Gerald, & Kimberly 2/9 ... sent f/u 31 3635 Joshua Lee Dru & Tiffany Cook Hinson 466 Cessna Rd. Concord, NC 2 027 704-721-4911 9 -Feb letter 2/10... no objections 31 9145 Curtis Lee Andrews Sr, The LP Concord, NC 2 027 Vulcan to purchase 32 6142 Jeremiah Wayne Hinson 7267 Trail Rd. Concord, NC 2 027 704-7 -1422 9 -Feb see note above re: Joshua Hinson 32 7633 Gerald W & Kimberly M Hinson 466 Cessna Rd. Concord, NC 2 027 704-792-19 4 4 -Feb see not above re: Joshua Hinson 41 299 Lynn D MacDougal & Kevin Fleming 7201 Trail Rd. Concord, NC 2 027 704-7 - 23 4 -Feb spoke with Kevin. He will talk to Lynn and c/b 11 -Feb left vm Kevin called, Lynn's sister is sick and she's 12 -Feb travelling- mailed a package. 7 -Mar Meeting with Lynn, Kevin & Cynthia Wheeles 42 39 Cynthia D Wheeles 7205 Trail Rd. Concord, NC 2 027 704-7 2-0695 22 -Feb I/vm 29 -Feb mailed letter with summary 7 -Mar Meeting with Lynn, Kevin & Cynthia Wheeles 49 5667 Nancy A & Richard A Smith 290 Goodman Rd. Concord, NC 2 027 704-7 6-456 4 -Feb unable to leave vm 22 -Feb I vm 29 -Feb mailed letter with summary 52 915 Whitaker Donald E Trustee 3661 Richwood Dr. Kannapolis, NC 2 0 1 29 -Feb called Land Records- still showing as Whitaker 5 -Mar mailed letter with summary Uul[an Materials Company C b rrus Qu rry U pd to Su ary Vulc n L nds, Inc. ( wholly owned subsidi ry of Vulc n M teri Is Comp ny) is purch sing n pproxim tely 67 cre tr ct contiguous to our current oper tion loc ted north of Popl r Tent Ro d in Concord. This tr ct (with the exception of 1.6 cre portion on Tr it Rd.) long with 1.8 cre tr ct currently owned by Vulc n w s recently nnexed into the City of Concord limits to be consistent with the current oper tion. Over the next few months, Vulc n will be securing loc I permits to dd this property to our existing f cility. Vulc n's C b rrus Qu rry oper tion beg n in 1986 nd consists of pproxim tely 345 cres loc ted within the City of Concord's city bound ry nd is zoned 1-2 with speci I use permit. This ddition I property will be used prim rily for stor ge of dirt from the qu rrying oper tions nd eventu Ily to extr ct construction ggreg tes s the current oper tions extend over time. There re no pl nned ch nges to the oper tion I spects of the site nd II ingress nd egress will rem in to be limited to existing ccess points on Popl r Tent Ro d. All required setb cks nd buffers will comply with the regul tions set forth by the City nd St to of North C rolin 's mining permit. Key Points: 1. The ne r term use for m jority of this tr ct of I nd will be for perm nent buffers nd dirt stor ge nd sm II portion on the southern end of the tr ct dj cent to the current permitted site m y be used for ggreg to extr ction. 2. No ch nge to oper tion I frequency or ingress/egress s result of this nnex tion. 3. Required buffers nd n e rthen berm will be constructed round the perimeter of the tr ct for visu I nd sound b rriers. Q Why did the City of Concord annex this property? Vulc n's current oper tion is in the City of Concord limits nd this ddition I property would m int in consistency with the current govern nce. Q Will this increase the truck traffic in and out of the quarry? No. Qu rry tr ffic volume will not ch nge with the ddition of this property. Customer tr ffic which is b sed on ggreg to dem nd will continue to use the existing ccess points off Popl r Tent Rd. Q Will you change the entrance for trucks as a result of this annexation? No. Customer ingress & egress will rem in off the Popl r Tent Rd. ccess points. As you know, we worked extensively with NCDOT nd the City of Concord to m ke signific nt improvements nd investments to the entr nce nd exits t our f cility s p rt of the I- 85/Popl r Tent widening project. (Point 2) 11 Uul[an Materials Company C b rrus Qu rry U pd to Q Will you be using Trail Rd. to access this property? No. Q Will you be blasting on this property? In the ne r term, the prim ry use for this property will be to store dirt m teri I from the existing oper tion ( pproxim tely 41 cres or 60% of the 67 cre tr ct). We do pl n to dd this property into our existing st to mining permit nd in the ne r term nticip to extr cting ggreg tes on sm 11 portion of the southern portion of this property dj cent to our current permitted oper tion ( pproxim tely 7 cres or 10% of the 67 cre tr ct) s the current pit develops over time. (Point 1) Q When would you be blasting on this property? The current pit development is b sed on ggreg to dem nd to support loc I infr structure nd the development progresses over time to meet those needs. Ag in, only sm II portion of the proposed tr ct ( pprox. 10%) is pl nned for ne r term ggreg to extr ction. (Pointl). Q Will you increase the blasting of your quarry? No. The zoning on this 67 cre tr ct will not h ve be ring on the oper tion I frequency of the qu rry. Th t is determined by customer dem nd for the products to support the infr structure needs of the community. Q This annexation will now bring your acreage to over 400 acres. Why do you need such a large tract of land? Keep in mind th t portion of our property is set s property buffer, storm w ter nd stre m buffers. In f ct, ne rly 30% of the proposed 67 cre tr ct will be buffered in this w y. (Point 1) Vulc n supplies needed infr structure ggreg tes for community such s ro ds, schools, irports, hospit Is, nd homes. It's n import nt sset for community to h ve loc I qu lity ggreg tes to support these uses. The bility to cquire nd permit v it ble property to meet the ggreg to dem nd decre ses s community develops nd grows over time. Therefore, it's import nt to protect v it ble I nd for future loc ggreg to dem nd. Q So this property extends the life of the quarry? Yes, it's like h ving bigger w rehouse for your products. Our "w rehouse nd products" re in the ground. Our current f cility will oper to for m ny more dec des — this simply dds to the over II life sp n to serve the needs of the community. 4 Uul[an Materials Company C b rrus Qu rry U pd to Q What kind of buffers (visual and noise) will you have on this new tract to protect the residential neighborhoods adjacent to the property? There will be 50'undisturbed buffer round the perimeter of the property dj cent tc ny non-Vulc n entity. In ddition, just like our existing property — we will construct I ndsc ped e rthen berms beyond the undisturbed buffer round the perimeter of the property in ccord nce with the city nd st to permit requirements. Q What other provisions do you have to protect the neighborhoods? Vulc n will strictly dhere to II loc I nd st to requirements s it currently does on the existing permitted oper tion. Vulc n's existing berms provide visu I nd sound b rrier to the neighborhood nd the site even receives esthetic compliments from citizens. In ddition there will be sever I re s where the existing tree c nopy will be preserved nd enh nced with new pl nts for wildlife nd environment I enh ncement. Our C b rrus Qu rry is certified wildlife h bit t by both the intern tion I Wildlife H bit t Council (www.wildlifehc.org) nd s Wi d ife and Industry Together Site by the NC Wildlife Feder tion. The new property will be incorpor ted into those two progr ms for exp nded wildlife protection enh ncement. Additionallnfor ation: Vulc n M teri Is Comp ny nd its employees re proud supporters of the community. We p rtner with educ tion in a rth nd environment I science curriculums nd provide tours nd present tions t our f cility during the ye r. Our C b rrus Qu rry is certified wildlife h bit t f cility with the Wildlife H bit t Council s well s Wi d ife and Industry Together (WAIT) certified site with the NC Wildlife Feder tion. Other outre ch recipients include the C b rrus Arts Council, Centr I C rolin Boy Scout Council, C b rrus Educ tion Found tion, C b rrus Region I Ch mber of Commerce, United W y, nd this p st ye r through Connect Christi n nd Cooper tive Christi n Ministry's Feed the Hungry Event. Questions m y be directed to: Denise H Ilett, Government & Business Rel tions M n ger-North C rolin 704-560-5304...h Ilettd@vmcm il.com 3 6ui�aau�6u3 6uiuiWS?13NM0 AR13d021d 1N30VfOV HIM dVW XVI AUBdwoo slepapW N 0 3Sf1 10N 00 lIWY3d 3SO IV133dS PU61N3WON3WV dVW ONINOZunlink N W�� dVNII0Ntl3 MI-o", H1210N '0210ON00 =10 AllO A21iJtlf1D Sf12121tl8tlO 4 W J n, Ki fn S U - .II O W J Q m a .IZ sly M1 S .11 sl� al gg \. �F � Q a p X .ti � z a r Z N ap \ m� ------------ j4_ + 1 .E1 .ri S v _.----_ ______ ______ --------------------- ---------- 111. 1I. II I I w WI i 1j 1�� .4t Y . f E•+I N, el% r _ a - U _ 12. F •r � si ' l.l. p - a ] l3 11 Y a� c. t t n O ❑ INN Ju t 1 � o o �x Q i E 0 o /fix -x i o o p / a _x -.i ❑ T 0 o o O o o 0 -01 o EI:P° o 0 i* o 0 0 °0000 o o 0 0 X 0 } Ar t c � 0 0 t t 0 H x �t A �. -0 ❑ n CEMETERY Q a L . ) ❑ DIRT STORAGE o � x x Co+ ���� Y ++ �t n o QD i oQ � fix, \ —x_ k � ,}o � o ° o O O x�x Ci p O G ASPHALT P AN ENTRANC / IT x x o x\ x � 0 o x x t t fx�xJ x i t � I I i f i 0CD EXISTING QUARR f t I o a c� x G QUARRY ENTRANCE QUARRY AREA PLANT and STOCKPILE AREA O 13.5 ACRE QUARRY AREA C) o O,! 0 of 41.1 ACRE DIRT STORAGE and FUTURE QUARRY AREA PLANT and STOCKPILE AREA O$ 50' PROPERTY BUFFER 11.4 ACRES STORMWATER MANAGEMENT/ EROSION & SEDIMENT CONTROL STRUCTURES Nil °o DIRT STORAGE 0 STORMWATER MANAGEMENT/ EROSION & SEDIMENT CONTROLSTRUCTURES C Od 0 0 ZONE X - FLOODPLAIN EXISTING ZONING AND PERMITTED USES DIRT STORAGE]///////////////////j 0 QUARRY PIT EXCAVATION PLANT and STOCKPILE STORM WATER MANAGEMENT / EROSION & SEDIMENT CONTROL PROPOSED ZONING AND PERMITTED USES DIRT STORAGE and FUTURE QUARRY AREA QUARRY PIT EXCAVATION STORM WATER MANAGEMENT / EROSION & SEDIMENT CONTROL LEGEND HORIZONTAL CONTROL POINT VERTICAL CONTROL POINT INDEX CONTOUR INTERMEDIATE CONTOUR SPOT ELEVATION WATER PAVED ROAD DIRT ROAD CD BUILDING Q LOCATED OBJECT FENCE a-1 O PIPE 0 POLE 0 c. t t n O ❑ INN Ju t 1 � o o �x Q i E 0 o /fix -x i o o p / a _x -.i ❑ T 0 o o O o o 0 -01 o EI:P° o 0 i* o 0 0 °0000 o o 0 0 X 0 } Ar t c � 0 0 t t 0 H x �t A �. -0 ❑ n CEMETERY Q a L . ) ❑ DIRT STORAGE o � x x Co+ ���� Y ++ �t n o QD i oQ � fix, \ —x_ k � ,}o � o ° o O O x�x Ci p O G ASPHALT P AN ENTRANC / IT x x o x\ x � 0 o x x t t fx�xJ x i t � I I i f i 0CD EXISTING QUARR f t I o a c� x G QUARRY ENTRANCE QUARRY AREA PLANT and STOCKPILE AREA O 13.5 ACRE QUARRY AREA C) o O,! 0 of 41.1 ACRE DIRT STORAGE and FUTURE QUARRY AREA PLANT and STOCKPILE AREA O$ 50' PROPERTY BUFFER 11.4 ACRES STORMWATER MANAGEMENT/ EROSION & SEDIMENT CONTROL STRUCTURES Nil °o DIRT STORAGE 0 STORMWATER MANAGEMENT/ EROSION & SEDIMENT CONTROLSTRUCTURES C Od 0 0 ZONE X - FLOODPLAIN EXISTING ZONING AND PERMITTED USES DIRT STORAGE]///////////////////j 0 QUARRY PIT EXCAVATION PLANT and STOCKPILE STORM WATER MANAGEMENT / EROSION & SEDIMENT CONTROL PROPOSED ZONING AND PERMITTED USES DIRT STORAGE and FUTURE QUARRY AREA QUARRY PIT EXCAVATION STORM WATER MANAGEMENT / EROSION & SEDIMENT CONTROL LEGEND HORIZONTAL CONTROL POINT VERTICAL CONTROL POINT INDEX CONTOUR INTERMEDIATE CONTOUR SPOT ELEVATION WATER PAVED ROAD DIRT ROAD BUILDING � LOCATED OBJECT FENCE TREES PIPE 0 POLE 0 TOWER PROPERTY OWNED SURVEYED STREAM BUFFER ZONE X FLOODPLAIN 50' PROPERTY BUFFER PLAN VIEW SCALE 0 300 600 900 !%iiiiii SCALE 1 "=300' c 0 Ln a� 0 0 z zW W z n� o SHEET NUMBER ' 4OF11 � z CH G 0 0 Q Z J W a cn OC Q a L) O Q Z 0 O (.) o �Lu v LL O Q W(L H LV 2 Z Q a Z J a LJJ i/) Q Z w a H Z 2 z a. O N � � 0 0 cn z U U> M Q o N C5�2 z N 0 0 F- iji Wz W U :i ui z U U � LJ O 2 Q U of -J SHEET NUMBER ' 4OF11 CH G Q Z J W a cn OC Q a L) O Q Z 0 O (.) o �Lu v LL O Q W(L H LV 2 Z Q a Z J a LJJ i/) Q Z w a H Z V z O N SHEET NUMBER ' 4OF11 Uulian Materials Company C ty of Concord Spec al Use Perm t Prel m nary S to Plan 21 .r 0.1 ACRE E T STCHt&Z•E and Fly CLIARRY AFS A 13IRT ETCRAGE s t� I ""-\ PRWERTr EkiFFER 11.4 ACFES ZTV9;AMAcR 1 £MEW; EROMN K SEDIWENT CCWTK L STFtT1FRES rri DIRT STORAGE QUARRY PTT EXCAVATION',_ PLAN7'.nd STOC'.KP11E � I STORM WATER MANAGEMENT EROSION & SEDIMENT CONTROL PROPOSED TANTNG AND PERMTTTF.D USES DIRT STORAGE and FUTU PE QUARRY AREA QU AR RY PIT EXCAVATION STORM WATER MANAGEMENT I EROSION & SEDIMENT CONTROL HORIZONTAL CONTROL POINT C� k C� VERTICAL CONTROL POLNT INDEXCONTOIJR INTERMEDIATE CI7NTGUR SPOT'ELEVA ZION 751 WATER PAVED ROAD DIRT ROAD BUILDING LOCATED OBJECT FENCE TREES PIPE POLE 4or TOWER PROPERTY OWNED SURVEYED ! STREAM BUFFER ZONE X FLOODPLAIN 50. PROPERTY BUFFER Alternative 7 (Use of Properties Leased to Concrete Batch Plant and Asphalt Plant on Goodman Drivel Although the underlying land is owned by Vulcan Materials Company, the Concrete Batch Plant and Asphalt Plant on Goodman Road in the southern corner of the site are under a legal lease agreement with VMC. It would be very difficult and expensive to try to break the leases with these businesses in order to use these small properties for the storage of overburden and waste rock. Additionally, these two businesses are among the largest users of the crushed stone produced by the Cabarrus Quarry. Eliminating them would be eliminating a significant amount of the ongoing business for the quarry. The small size of the parcels and the topography would only allow a very small volume of material to be stored. F 1Hxi4ing`VMC Cabarrus Quarry Cabarrus Quarry - Andrews Vulcan Materials Company Mideast Division #' plWte BatcWP d Asphalt Plant ,ase s r, Source: Vulcan Materials Company Engineering Plans Alternate 7 Use of Concrete Batch Plant and Asphalt Plant NORTH Lease Areas on Not to Scale Goodman Road Alternative 8 (Use of Previously Permitted Portions of the Interior of Existing Quarry for Overburden Storage) The interior of the Vulcan Materials Company Quarry site outside of the active pit, office, shop, and processing area is comprised of stockpiles of already crushed stone, fresh water ponds, stormwater BMPs, and stream buffer area. The previously occurring Waters of the US have been previously permitted in the past and have been incorporated into the Mine Plan as required elements. Although use of these internal site areas for overburden and waste rock storage would not require further impacts to Waters of the US, the uses that would be replaced would need to be located elsewhere in order for the quarry to continue operations. This would only be accomplished by a reissuance of the existing Mine Permit Modification and considerable additional expense and a disruption to ongoing quarry operations. Alternative 9 (Use of UT Perennial Stream Valley) The use of the unnamed perennial UT Coddle Creek stream valley on the Vulcan Materials Company property would accommodate a significant amount of storage of overburden and waste rock. It would accomplished the purpose and needs of the project on lands already owned by the applicant. However, it would result in direct impacts to several hundred feet of higher quality perennial stream and floodplain forest, as well as significant indirect impacts to downstream areas. Due to the signifi- cant difficulty of justifying permitting for this alternative and due to the significant environmental impacts, this alternative is not considered to be practicable. 0 Cabarrus Quarry - Andrews Vulcan Materials Company Mideast Division Source: Vulcan Materials Company Engineering Plans (9 Alternates 8 and 9 NORTH Use of Interior Portions of Property Not to Scale Owned by Vulcan Materials Company Alternative 10 (Haul Overburden and Waste Rock to an Off Site Disposal Area) A majority of the overburden is already being hauled off-site to be disposed of. The purchase of additional land in the vicinity of the quarry for the storage of material presents two significant problems. Nearby land values are selling at record high amounts due to the rapid expansion of the Concord Regional Airport and its addition of international flights, the expansion of Concord Mills Mall and surrounding businesses, the improvements to I-85 and commuter access from Charlotte, and the influence on land values by the nearby Charlotte Motor Speedway Complex. Additionally, the availability of open land is rapidly diminishing in the area so that any sizable site nearby is becoming increasingly rare. Secondly, as traffic volume increases on the surrounding roads, adding slower moving trucks carrying the overburden creates a safety hazard and further complicates traffic congestion conditions. D1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Throughout the entire construction process, strict installation, monitoring, and maintenance of erosion and sediment controls will be emplyed in order to prevent discharges into downstream receiving waters. Impacts to the lowest 116 linear feet of intermittent stream will be avoided. Work will be constructed in the dry. Live concrete will not be allowed to come into contact with surface waters. The construction sequence will first require the establishment of a 50 foot buffer around the entire perimeter of the site along all adjacent properties. A 100 foot buffer will be maintained along the perennial UT to Coddle Creek to the south. Next, the sediment and erosion control measures will be put in place around the perimeter of the site to control stormwater flows. A rip rap underdrain will be constructed at the lowest point of the site that will impact 359 linear feet of intermittent Non-RPW stream. Clearing of the site will take place before the site is filled with overburden and waste rock. The fill material will be placed in lifts and internal roads will be constructed to add and remove the filled material as necessary. Agent Authorization and Propert Ownership AGENT CERTIFICATION OF AUTHORIZATION S raprciscinting f arab), carr i fy 4 hail I kava aul Kari aad Craig R. WI yawl RLA/ SVS S 1 o dat on fry behaa f I and lake all actions riaciessary to 1Iha pnooessing, issuancia, and aciaeptanaa of this iiequesl for welIands datarmiinatian, perm:ilting anc any and ail slaincaird and special cioric itiona attaohed. We haraby certify thal the above infarm ation submitilad in chis appliciatian is true and accuralci la the basl of our know edge. A <f:) rc* Agenil's signaftm AAIIPReXls signature Marall28 ](116 2 : l Date Date Completion olltbis ftirm will allow the agcrill to sign all futurci application aameispandemcie. NORTH CAROLINA SPECIAL LIMITED POWER OF ATTORNEY CABARRUS COUNTY KNOW ALL MEN BY THESE PRESENTS, that the uudetsignud, being all partners of THE CURTIS LEE ANDREWS, SR. LD41TED PARI Nr:"nw (the "Parrtncrship"), a Nurth Cai-uliiia 1i111ited partnership, have made, constituted and appointed, and by these presents do make, constitute and appoint, VULCAN CONSTRUCTION MA1EMAES, LY, its affiliates, mud iepresctitatives ("Vulcan"), our true and lawtul attunicy-iii-fact, giving uutu Vulcan full power to act in our name, place and stead, in airy way which we ourselves Could do it we were personally present with Lu -spelt to the following matters, as each of them is dufnied iii Chapter 32A of the North Carolina Genial Statutes, tv the extent that we are permitted to act through an agent: With reference to that tract or parcel of laTid lying tv th,- west of Trail Kuad, C:abarrus County, North Carolina, aiid being a portion (exuludilig the l.yl acres "Hume Tract", whi.-h is labeled un Exhibit "A" hcreiltafter detmed) of that approximately 67 aisles, mum ur less, tract as described in that deed dated May 20, 2005, and rcuvrded in the C:abmTas County Registry in book 5961, Page 103, acid bcaiittg PIN 4691-31-9145, and being more particularly outlined In blue va Exhibit "A" attached hereto and incorporated fully h, -rein by icfcicnuc (the "rroperty-) : 1 u file rezoning petitions, conditional and special use pcinats, sit, - plait, phis of development and similar filings 2Uid applivatiuin; iliiiiing pclimts; construction plans; building purest plaits; Gild any amendments thereto, fur its abuv,- dcsuribed Pruperry and to perturm any other acts necessary to uuniplctc the appruvai of this Yroperry for use by Vulca—u Cunstmaivn Materials, LY, as a quarry. This authurizatiun shall nut extend to the perturmance of any acts relating to the sale ui trarisfcr of title or other interests in the Yroperry described herein and it is our intcntiun that this Yower of Attorney shall continue in cffc,.;t notwithstanding the subsequent incapacity or incompetency of a partnci, ut until it is uthcrwise rescinded or modified. Executed, this j%0-" day of .AA iti-. , 2013. THE UUKTlS LEE ANDREWS, SR. LIMITED PAK'1'NERSHIP, a North Carulina limited partnership Rubcrt E. Andrews (Single), Partnut S 1 A 1 L Ut N UK 111 UAKULINA CUUNTY OF b�"h.NAd.Q I, Oyjhem- KJt&&&c411, a Notary Public for the State of North Carolina add county of ^v do hereby certify that RuberE E. Andrews personally appeared before me this day of 2013, who, being by me duly swain, says that he is a PUffier of Theogurtis Lee Andrews, Jr. Limited Partnership; and that he as Partner, being authorized to do so, executed the foregoing on behalf of the Partnership. My Corr=issivu Expires: 1/ 1/11 4 3 SRANOIfKLUTTZ RUSSELL NOTWUBLIC Cabarrus C , Aorth Carolina By: Curt L. Andrews, Jr. (Single), Partner STATE OF NORTH CAROLINA COUN 1 Y Or I, as Notary Public fur the State of North catolina mid County of do hereby certify that Curt L. Andrews, Jr. personally appeared befure me this day of 2013, who, being by me duly sworn, says that he is a Farmer of The Curtis Lev, Andrews, Si. Limited rartnership, and that he as Partner, being authorized tv do so, cxcoutcd the fregoing on behalf of the Partnership. Notary Public My Commission Expires: (SLA,) STATE OF NORTH CAROLINA C:UUN 1 Y Ur I_ , a Notary Public fun the State of Nurth Cam-v—hm and County of , do hereby certity that KubCrt r✓. Andrews persunally appeared before uic this day of . 2U 13, who; being by me duly sworn; says that he is a Partner of The Curtis Lev Andrews, Sr. United Partnership, and that he as Partner, being authorised to do so, excuuted the fureguiug on behalf of the Partnership. My uuumusslui, Expires: Notaryrubhu (SEAL) gy : Z =n Curt L. Aud. e;—., 7, .(Tngle), Panner STA A 1 t Ur Nu 1 n CAROLINA COUNTY Ur Mbafflo I, Cfnr6fin �ULAe a Notary rublic for the State of North Cmuhna and County of V-006.0- I du hereby certify that Curt L. Andrews, Jr. personally appeared boors me this *-' day of 2013, who; being by my duly sworn, says that he is a rartner of The turtis Lee Andr ws, Sr. Lir�tvd rartnership, mid that hE; as Partner; being authori-recl to du so, executed the fuieguing un behalt of the rarttiuOhip. Notary Public my uunurussiun Expires: V � I � � � � � (SEAL) c:HRls I IN COBLE Notary Public ROWAN Cu., NC By: a - Sherri A. Graham, rartner S'I ATE OF NU Tri UAKULINA COUNTY OF 1, a Notary Pubhu fun the State of North Cmo-luia and County of qu hereby certify that Sherri A. UraRiam person5hy appuued befre rnv this day of --/I Able- 2013, who, being by me duly svrorn, says that she is a Partner of Thi CurtfA Lee Andrews, S,. Lirruted Partnership, and that she as Partner, being authorized to do so, excuuted the foregoing on behalf of the Partnership. Notary Public _ LFiH1S I IN COrst_t My Curl=* ssion Expires: (�(Sp ) Notary Public RUVVAN GU., NU By :- Culrt D_ Graham (Spouse of Sherri) STATE OF NOtH�Clwur--) ROLINA CUUN1YOF I,C-VjtJ13� e , a N utary r ubhu fun the State of North Cm—u-11 a mud County of lV K— _ do hereby certify that curt v. crrah= personally appeared befie llle this IA- day of + lUlj, and amnowledged the due execution of the fregoing uistlument. CA��� Notary public My Commission Expires: (SEA-) CHNIS i M CuF3CE Notary Public HUWAN UU., NC: By: /4a-Ir Larry . Andrews, Partner S 1A1'h UFNoKTjj c:AROLINA COUNTY OF 1,fix-11 pre F'_, a Nowry Public fv, the Stag of North Carolina and County of do hereby certify that Larry B. Andrews personally appcal�d before me s clay ut 2013, who, being by m� duly sworn, says that he is a rartner of Tbd/Cues Lee Andrews, Sr. Luted Partm ship, and that he as Partner; being authurizEA to do so, cxcu ted the furcguing un haft of the Yarmership. r k— /1 ® A My (:orrunission Expires: SHA I9 KftRUSSEELI�OTALIc Cabarrus County, North Caroli, By: Tasha Andrews (Spouse ut Larry) S l A 1 L UV N UK 1 ttoCAKULINA UUUN I y Ur I, R a Notary Public for the State of North Caruluild and county of 6rf do hereby, certify that Tasha Andrews persunauy appeared before me this Tay of 2013, and acknowledged the due execution of the toregoing instrum t. nary P i� My Commission Expires: ll « (SEAL) SHANON KLUTTZ RUSSELL NOTARY PUBLIC Cabarrus County, North Carolina 15y: Michael J. Andrews (Single), Partner STATE OF NORT11 CAROLINA UOUN 1 Y Ut' I, J!'' AL6�// , a Notary Fubhe for the State of North Carolina and c:uuuty of do hereb certify that Michael J. Andrws personally appeared etoree me this day of 2013, who, being by me duly sworn, says that he is a Partn-ur of T& C kis Lec Andrews, Si:. LimituEf Partnership, and that1c; as Partner, being authurized to clu su, excuutcd the foregoing on behalf of the Partnta ship. �, / & 6//L�'16 � Notary P b iu My Commission Expires: (SEAL) SHANON KLUTTZ RUSSELL NOTARY PUBLIC Cabarrus County, North Carolina r:-..n-Lbit "a': Cabarrus County Map Sc ko -rRAiL t.tt T MJF ftskrMAPOLIA CITY OF CONCORD OMAN Goo i [s1-u�E.t►a� Map rYlut'ca On {Z913 -V4 -1L. 1U:IY Logcnd Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Trail Road City, State: Concord NC 28027 County: Union Directions: From 1-85 North of Charlotte Take the Poplar Tent Road Exit, turn left. Turn right on Odell School Road, right on Cessna Road, right on Trail Road, Site is on right at end. Parcel Index Number(s) (PIN): 4691 31 91 450000 B. REQUESTOR INFORMATION Name: Craig R. Wyant RLA/SWS Mailing Address: P.O. Box 163 High Shoals, NC 28077 Telephone Number: 704-240-0793 Electronic Mail Address': craig.wyant@charter.net Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant2 ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address3: Power of Attorney Attached ❑✓ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) 1 If available 2 Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Power of Attorney Attached Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. ❑ I am requesting that the Corps investigate the property/project area for the presence or absence of WOUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). ❑v I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 F 16-1/1 ❑✓ Wl G. Jurisdictional Determination Request ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. Size of Property or Project Area ±50 acres acres I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ❑✓ Completed and signed Preliminary Jurisdictional Determination Form6. Project Coordinates: 35.4159 Latitude -80.6970 Maps (no larger than 11x17) with Project Boundary Overlay: Longitude ❑l Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area F✓ USGS Topographic Map ❑✓ Soil Survey Map ❑/ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑v Wetland Data Sheets$ F✓ Upland Data Sheets I✓ Landscape Photos, if taken Tributaries: ❑/ USACE Assessment Forms ❑� Field Sketch overlain on legible Map that includes: Other Assessment Forms (when appropriate) ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: FS/ Project Coordinates: 35.4159 Latitude -80.6970 Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area W/ USGS Topographic Map F✓ Soil Survey Map ❑✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/res supp.aspx Wetland and Stream Assessment Methodologies can be found at: http://portal.ncdenr.org/c/document library/get file?uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&groupld=38364 and, http://wwwsaw.usace.army.mil/Portals/59/docs/regulatory/publicnotices/2013/NCSAM Draft User Manual 130318.pdf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑� Wetland Data Sheets Tributaries: ❑v USACE Assessment Forms ❑✓Upland Data Sheets Other Assessment Forms (when appropriate) ❑✓ Landscape Photos, if taken ❑v Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑� Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ❑v Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 Jurisdictional Determination Request I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard- copy submittals include at least one original Plat (to scale) that is no larger than 11"x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11"xl7", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL ❑v Must be sealed and signed by a licensed professional land surveyor F✓ Must be to scale (all maps must include both a graphic scale and a verbal scale) F✓ Must be legible F✓ Must include a North Arrow, Scale(s), Title, Property Information ❑v Must include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points F✓ Must clearly depict surveyed property or project boundaries ❑v Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ❑v When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request ❑� When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑� all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries F✓ Must include the location of wetland data points and/or tributary assessment reaches ❑v Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑/ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Supporting Maps and Information United States Department of the Interior Mr. Craig Wyant A Fine Line Design P.O. Box 163 High Shoals, NC 28077 Dear Mr. Wyant: FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 December 20, 2016 Subject: Vulcan Materials Company Quarry Andrews Expansion Project; Cabarrus County Log No. 4-2-17-086 The U.S. Fish and Wildlife Service (Service) reviewed the information provided in your correspondence dated December 13, 2016, wherein you request our comments regarding potential occurrences of federally protected species associated with the proposed project referenced above. We submit the following scoping comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, Vulcan Materials Company is seeking required permits to expand an existing quarry on approximately 50 acres near Concord, North Carolina. You indicated that the proposed project area is mostly forested with portions (>10 acres) dedicated for agricultural land use (row crops or hay/pasture). Approximately 475 linear feet of jurisdictional stream occur in the project area and no wetlands are present. The proposed project would result in permanent impacts to 395 linear feet of intermittent unnamed tributary to Coddle Creek. Mitigation for impacts to jurisdictional features were not discussed in your correspondence. Federally Protected Species Suitable roosting habitat may be present within the action area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project (which may require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. The Service has record of recent occurrences for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii) in the vicinity of the proposed project. Suitable habitat may be present for this species within the project area. This species grows along clearings and edges of upland woods, thickets, and pastures. It is also found along roadsides, powerline clearings, old pastures, and woodland openings. Schweinitz's sunflower prefers full sunlight or partial shade, but is intolerant of full shade. To better inform an appropriate effect determination for this species, we request that a qualified biologist conduct a biological survey of the proposed project area (with attention to the suitable habitats discussed above), and send survey results to this office before construction activities begin. The optimal survey window for this species occurs from late August — October. Please be aware that in accordance with the Act, it is the responsibility of the appropriate federal agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-17-086. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor e.c. David Shaeffer, USACE Tony Johnson, Vulcan Materials Co. 2 Natural and Culturuf Resource!, December 16, 2016 Craig R. Wyant RLA/SWS A Fine Line Design PO Box 163 High Shoals, NC 28077 RE: VMC Andrews - Cabarrus Quarry Dear Craig R. Wyant RLA/SWS: PAT NUCRO aY SUSA:N KLUTTZ . cr_ec JY NCNHDE-2640 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Suzanne Mason at suzanne.mason&ncdcr.gov or 919.707.8637. Sincerely, NC Natural Heritage Program --"—' otlhing Compares State o1FNorck C=Ll a I Deparunent cfl,==Bal and 09� Rmauras 109 Fast am_- Street I Rale46NC27601 919407-730D Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area VMC Andrews - Cabarrus Quarry December 16, 2016 NCNHDE-2640 Element Occurrences Documented Within a One -mile Radius of the Pro'ect Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 11779 Desmodium sessilifolium Sessile Tick -trefoil 1951-08-28 X? 3 -Medium --- Special G5 SH Concern Historical No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Cabarrus County Open Space Cabarrus County: multiple local government Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on December 16, 2016; source: NCNHP, Q3 October 2016. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-2640: VMC Andrews - Cabarrus Quarry December 16, 2016 ® Project Boundary Buffered Project Boundary 0 Natural Heritage Element Occurrence (NHEO) Managed Area {MAREA} Page 3 of 3 1:25,559 0 0.2 0.4 0.8 mi 0 0.35 0.7 1.4 km Sources: E.I. HERE., D.Lorme. I.I.—p,—r—t P Corp., GEBCG. USGS, ;tAPNPS, NRCAN, GepBase, IGN, Nadaat. NL, Ordnance Survey, FUi Japan. MET;, Esri China {Hpng Ko*.—isstnpp, Mapmylnc4a, 0 Opec! 4W a Map c Inbumrs, and tFre GIS User Community STA7Z o- North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper January 5, 2017 Craig Wyant A Fine Line Design PO Box 163 High Shoals, NC 28077 Office of Archives and History Deputy Secretary Kevin Cherry Re: Vulcan Materials Company Andrews Property Expansion, Cabarrus County, ER 16-2327 Dear Mr. Wyant: Thank you for your letter of December 15, 2016, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 807-6570/807-6599 MINE PERMIT ACREAGE EXISTING PROPOSED TOTAL CATEGORY ACREAGE MODIFICATION ACREAGE PLANT / STOCKPILE AREA 97.23 Ac 0.00 Ac 97.23 Ac \ I /����, " ❑ >r' ,f O \ 50' PROPERTY \ MINE EXCAVATION AREA 131.89 Ac 13.47 Ac 145.36Ac ��, 1 ' % / Q❑ �_ BUFFER OVERBURDEN STORAGE AREA 62.00 Ac 41.07 Ac 103.07 Ac \� �f 0 TAILINGS / SEDIMENT POND AREA 17.07 Ac 11.41 Ac 28.48 Ac Z7 / V `� PERMITTED FOR DISTURBANCE 308.19 Ac 65.95 Ac 374.14 Ac PROPOSED INACTIVE AREA 38.48 Ac 1.02 Ac 39.50 Ac Q STORMWATER MANAGEMENTI i TOTAL PERMITTED 346.67 Ac 66.97 Ac 413.64 Ac hl EROSION & SEDIMENT CONTROL ,y D TURES STRUC \ / a I ° PROPOSED l4 olRTsroRAGEaDa \ FUTURE QUARRY - r AREA a° �o I I��fi GAJ 1 r -LT 6�� PROPOSED CD QUARRY f `I AREA— Q tom"�/ I DI T STORAGE L ���<.e / �y Q� / e F r� QUARRY .,- r \. ,y✓ � f // AREA _ �o�, '/ I�•.. DIRTSTORAGE�Io ) U O l.,`�i l �s I LLI # - 0 b PLANT and STOCKPILE AREA LEGEND o j a i ASPI IAL I o PERMIT AREA ADJACENT PROPERTY E PER TAX MAP a 3 LIN i UNDISTURBED BUFFER � s� STREAM UFFER {i -..;a, •r �f-,�—.�—� _ Jy �% _ _ ,-_/ `-3� EX STINGB NDEX CONTOUR ' M i ` J TORMWATER MANAGEMENT/ EXISTING INTERVAL CONTOUR 3334.4 SPOT ELEVATION 5 MENT/ i '� WATER EROSION & SEDIMENT p /) CONTROL STRUCTURES PAVED ROAD Z L j` �� UNPAVED ROAD 0 �i El I� _°� J BUILDING Q' FENCE } U O Z /':< J /'/ / "--• TREES 2 1— J �K��' \ ® POLE j R' taj a a� i e - J PLANT ani * \. , `T,' / Z 0 0 STOCKPILE APEA 0 7. THIS DOCUMENT WAS PREPARED BY PHILIP BAILEY, PE m LU Z a 2. PROPERTIES ARE BASED ON CABARRUS COUNTY GIS. a O W 0 41 / azsi �i /'�� j / 3. TOPOGRAPHIC DATA IS A COMPILATION OF AERIAL MAPPING FROM V u LU — \ \✓ / �- i 2007 CABARRUS COUNTY DATA UPDATED WITH MAPPING OF THE LL I iXIS'fING.Q UARR -XII % CURRENT PERMIT AREA PREPARED BY TUCK MAPPING O SOLUTIONS, DATED 10-26-13. } 41 (. s lENTRANCE121- v PLAN VIEW SCALE EXI. TING QUARRY ' / � 1 f SHEET NUMBER 300 600 900 2 OF SCALE 1"=300' Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. Tony Johnson Vulcan Construction Materials LLC 11020 David Taylor Drive, Suite #105 Charlotte, North Carolina 28262 RE: Permit No. 13-27 Cabarrus Quarry Cabarrus County Yadkin River Basin Dear Mr. Johnson: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS August 16, 2016 Director Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted acreage to 413.64 acres and the affected acreage at this site to 378.25 acres as indicated on the Permit Modification Operations Plan dated May 19, 2016. This modification includes the addition of 66.97 acres along the northeastern permit boundary for the expansion of overburden storage and includes the installation and maintenance of all associated erosion and sediment control measures. A copy of the renewed and modified permit is enclosed. The new expiration date is August 16, 2026. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4B, 10B and 12E and Reclamation Condition No. 3. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 413.64 acres and the amount of land you are allowed to disturb is 378.25 acres. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T Mr. Johnson Page Two Please review the renewed and modified permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely`, et p1^�J )DS. Boyer, PE Mining Specialist nd Quality Section JSB/jw Enclosures CC] Mr. Zahid Khan Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Vulcan Construction Materials LLC Cabarrus Quarry Cabarrus County - Permit No. 13-27 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: Auqust 16, 2026 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment an for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications Plan dated August 22, 1989. November 28. 1989: This permit has been modified to relocate the monitoring well on the northeast side of the pit to the northeast side of the approved southwest to northeast Diversion Channel. May 3. 1996: This permit has been modified to increase the affected acreage at the site to 257.0 acres. These additions include a diversion channel that diverts runoff along the west side of the pit area, pit expansion to the north, west and east, the addition of two overburden/tailings/stockpile areas, and revisions to the previously approved sediment and erosion control plan as indicated on the 1996 Permit Mine Map revised March 1, 1996. Page 3 July 3. 1996: This permit has been modified to allow land farming of approximately 50 cubic yards of petroleum contaminated soils as indicated on the site map submitted with the June 6, 1996 modification request. May 28, 1999: This permit has been modified to add an asphalt plant, access road, relocate monitoring well #3 and include additional corresponding erosion and sediment control devices as indicated on the mine map last revised March 14, 1999. January 1, 2000: This permit has been modified to change the corporate name from Vulcan Materials Company to Vulcan Construction Materials, LP. July 30, 2003: This permit has been modified to increase the total permitted acreage to 346.3 acres and the affected acreage to 294.3 acres. The additional acreage is for planned expansion of the processing plant and associated operational area as indicated on the Mine Map last revised June 16, 2003. December 14, 2006: This permit has been modified to increase the affected acreage at this site to 327.3 acres. This modification includes an increase in stockpile, processing/haul road, and mine excavation area, with a decrease in waste pile area, for a net increase of 33 acres affected. October 7, 2015: This permit has been modified to change the corporate name from Vulcan Construction Materials LP to Vulcan Construction Materials LLC. August 16, 2016: This permit has been modified to increase the permitted acreage to 413.64 acres and the affected acreage at this site to 378.25 acres as indicated on the Permit Modification Operations Plan dated May 19, 2016. This modification includes the addition of 66.97 acres along the northeastern permit boundary for the expansion of overburden storage and includes the installation and maintenance of all associated erosion and sediment control measures. Expiration Date This permit shall be effective from the date of its issuance until August 16, 2026. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 4 B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access (plant entrance) road shall be paved for a minimum of 500 feet from its junction with Poplar Tent Road and permanently stabilized. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Permit Modification Operations Plan dated May 19, 2016 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Permit Modification Operations Plan dated May 19, 2016 and supplemental information received June 1, 2016, July 7, 2016 and July 11, 2016 Page 5 C. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after May 31, 1996 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after May 31, 1996. 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Blastin The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: UAI 0.3 Page 6 Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. c 0 2,0 M 1.0 �. 0. 0.7 0.6 : Q.S 0.4 E 0.3 0.2 0.1 1 10.0 2.0 1.5 to 0.9 0e 0.6 0.5 OA M, Orr 4 1 ID 20 30 100 19 -last Vibration Frequency, Hz Figure 1 Altemative blasting level criteria (Sourc e modified .from figure B-1. ureau ofjWines R.) 850' Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/DS)2 DS = D W1i2 C. Page 7 V = 160(Ds)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). DS = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measurinq Svstem, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W0.33)-1.2 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P -35 U = Unconfined air overpressure (pounds per square inch). Page 8 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping_ The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. Page 9 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Permit Modification Operations Plan dated May 19, 2016. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. Page 10 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 12. Refuse Disposal A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v -belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resourcesrip or to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and Page 11 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bondin The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeoloqical Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 13 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through E. F. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 Species Korean Lespedeza Fescue Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet October 25- February 15 Rye (grain- temporary) Soil Amendments Rate. Lbs/Acre 10 40 1 15 50 30 40 120 Lime: 2000 lbs/acre or follow recommendations from a soil test. Page 14 Fertilizer: 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued May 21, 1986, modified December 1, 1987, September 11, 1989, and November 21, 1989, renewed and modified May 3, 1996, modified July 3, 1996, May 28, 1999, January 1, 2000, and July 30, 2003, renewed and modified December 14, 2006 and modified December 7, 2013, is hereby simultaneously renewed and modified this 16"' day of August, 2016 pursuant to G.S. 74-52. 0 _�D_• Tracy E. Davis, Director Division f Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Vulcan Construction Materials LLC to conduct mining activities off SR 1394 (Poplar Tent Road) in Cabarrus County. The mining permit (no. 13-27) was modified on August 16, 2016. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environmental Quality by mailing a copy of the petition to Mr. Sam M. Hayes, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on ra y . Davis Dire t r Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Brenda Harris Mining Program Secretary Source: USDA-NRCS Soil Survey of Cabarrus County Sheet 1- September 1988 (photography Cabarrus Quarry - Andrews 1976) Vulcan Materials Company e Scale: I"=2000' Mideast Division NORTH USDA Soil Survey PS to r' l! 4: ;��a�' P 4E+MtC�� �Al�11 F 4 i � cdai4 i�t, Source: USFWSNational Wetlands Inventory 7.5 minute quad, Kannapolis, NC (199 1) Cabarrus Quarry - Andrews Vulcan Materials Company Scale: I"=2000' Mideast Division NORTH National Wetlands Inventory Cabarrus Quarry - Andrews Vulcan Materials Company Mideast Division NORTH Source: Google Earth Images Jne 2015 Scale: 1 "=400' 2015 Aerial Photograph ZONE X 61 APPROXIMATE SCALE 1000 0 1000 FEET n n 9 NAT10NAL FLOOD INSURANCE PROGRAIA ZO °G X 'L FIRM FLOOD INSURANCE RATE MAP I, O I I it v !, CABARRUS COUNTY, NORTH CAROLINA 11, AND INCORPORATED AREAS l� PANEL 75 OF 180 UNWAT .Trmrl Ls", Y III1b PA81 9Ufft1 lr., n_ r 85 MAP NUMBER AQp 4 boa 1 3702500075 D TFNr �+ual "F, EFFECTIVE OATEN City O f I . NOVEMBER 2, 1994 Concordo 370037 / ��ii e a rm., .i ...., H.,,..mmI as..� / Thela an efo—Ic,Py ataPdt- of sr ne andek ren oenfl—dmap It was - c,ea oalpq F MTOM;oe. rola map eoea au he, t Inches, or amenamems wmm may nave been mac@ suMeguem m me date on the ml¢a«u. For the product mrPnnanonaoowrmud-IFlooamsuraoce Grogram flood maps cheektne FEMH Ebel Map9tore at wrvw.msc terra goe Name (Description Clear Branch From source to Elk Creek Clear Creek From source to McKee Creek Clear Creek From source to Rocky River Clercy Branch From source to Little Hunting Creek Clinard lake Entire lake and connecting stream to Mill Creek Yadkin -Pee Dee River Basin Index Number Classification Class Date 04/15/63 From source to Buffalo Creek Special Designation 12-24-5 B;Tr,ORW 03/01/89 13-17-8-4-1 C 04/06/55 13-17-17 C 07/01/73 12-108-16-2-3 12-94-7-7 WS -III 08/03/92 C 09/01/74 Cling Branch 12-19-13 C;Tr 04/15/63 From source to Buffalo Creek Coal Creek 12-31-1-9-(2) WS -Iv 04/01/99 From Wilkes County SR 1346 to North Prong Lewis Fork Coal Creek 12-31-1-9-(1) C 04/01/99 From source to Wilkes County SR 1346 Cobb Creek 12-55-1-1 C 04/06/55 From source to Jonesville Creek Coddle Creek 13-17-6-(5.5) C 08/03/92 From a point 0.2 mile upstream of N.C. Hwy. 73 to Rocky River Coddle Creek 13-17-6-(0.5) WS-II;HQW 08/03/92 From source to a point 0.5 mile downstream of East Coddle Creek Coddle Creek (Lake Howell) 13-17-6-(1.5) WS-II;HQW,CA 08/03/92 From a point 0.5 mile downstream of East Coddle Creek to a point 0.2 mile upstream of N.C. Hwy. 73 (Concord water supply intake) Cody Creek 12-103-(0.7) WS -Iv 08/01/98 From a point 0.3 mile upstream of N.C. Hwy. 801 to Yadkin River Cody Creek 12-103-(0.3) C 08/01/98 From source to a point 0.3 mile upstream of N.C. Hwy. 801 Cody Creek 12-63-14 C 04/06/55 From source to Fisher River Coffey Branch 12-16 C;Tr 04/15/63 From source to Yadkin River Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 17 of 88 2 J� -nJ -Q)J 4H - J -0 A �%J . ..o scalo �', I I VMC Cabarrus - Andrews - Soils Map - Source: USDA-NRCS Web Soil Survey WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: VMC Cabarrus -Andrews cityrcounty: Cabarrus County, NC Sampling Fete: 1-14-16 Applicant[Owner: Vulcan Materials Company state: NC Sampling Point; 1-B Investigator(s): Craig R. Wyant RLA/SWS Section, Township, Range: N/A Landform (hillslope, terrace, etc.): Valley Local relief (concave, convex. none): Norte Slope (%): 0-2% Subregion (LRR or MLRA): Lat: 35.4165 Long: -80.6973 Datum: Soil Map unit Name: CcD2 Cecil Sandy Clay Loam, 8-15% mod. erod. NWI classification: Upland Are climatic 1 hydrologic conditions an the site typicalfor this time of year? Yes X No (If no, explain in Remarks,) Are Vegetation No . Soil No or Hydrology No significantly disturbed? Are'Normal Circumstances" present? Yes X No Are Vegetation No . Soil No : or Hydrology NO naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X widiin a Wetland? 'Yes No X Wetland Hydrology Present? Yes No X Remarks: Sample plot is at the bottom of an old drained pond along an ephemeral channel. The dam was breached many years ago. HYDROLOGY Wetland Hydrology Indicators, Secondary Indicators (minimum of two required] Primary Indicators (minimum of one is required; check a 1 that apply) Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Mass Trim Lines (B16) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) X Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (06) Crayfish Burrows (CS) X drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) shallowAquitard (133) Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) _ FAC -Neutral Test (DS) Field Otyservations: Surface Water Present? Yes No X Depth (inches): N/A Water Table Present? Yes No X Depth (inches): >16" Saturation Present? Yes No X Depth (inches): >16" Wetland Hydrology Present? Yes No X (includes ca p lia ry fri ng e) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mourftain.s and Piedmont – Version 2,0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: I -B _ Remarks: (Include photo numbers here or on a separate sheet.) Vegetation dominance does not satisfy FAC Neutral Test US Amey Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (PIOL.5iZe', % Cover Species? Status Number of Dominant Species 1 Acernihnim '? 5 Y EAC That Are OBIL, FACW, or FAC: 5 (A) 2. Liriodendron tulipifera 20 — Y FAC L Total Number of Dominant 10 3� Diospyros, virginiana 20 Y FAC species Across All Strata: B) — Percent of Dominant Species 50.0 That Are OBIL, FACW, or FAC: (A�B) Prevalence Index worksheet: Total c/. Cover of Mu Ili ply by: 65 = Total Cover 50% of total cover: 20% oftotal cover: DBL species X 1 = SaplinalShrubSiralum (Plot size: FACW species x 2 = 1, Ligustrum smense 20 Y FACU FAC species x 3 = 2, Acer rubrum 10 Y FAC FACU species x 4 = 3, Ulmils alata 10 Y FACU 'DPL species X 6 - 4. Fagus grandifolia 5 y FACU Column Totals: _ (A) 1p, Prevalence Index = B)A = 5` 6. Hydrophytic Vegetation Indicators: 7, 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is ,5096 3 - Prevalence Index is x3.01 — 4 - Morphological Adaptations' (:Provide supporting 45 = Total Cover 5096 of total cover: 20% oftotal cover: in Remarks or on a separate sheet) Herb Stratum (Plot size:data Problematic Hydrophytic Vegetation' (Explain) i. Lonicera japonica 20 y FAC — 2. Microstegium vimineum 10 Y FAC 1 3, Polystichum acrostichoides 5 Y FACU Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4, Definitions of Four Vegetation Strata: — S. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of T height. 8. SaplingiShrub -Woody plants, excluding vines, less 9. than 3 in, DBH and greater than or equal to 3.28 ft (1 M) tall. 10. 11. Herb -All herbaceous (non -woody) plants, regardless 35 = Total Cover of size, and woody plants less than 3.28 ft tall. 50% of total cover: 20% oftotal cover: Woody vine - All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: heiqht, 1, — — 2. 3. 4. Hydrophytic S. Vegetation X Total Cover Present? Yes NO 6095 of total cover: 213% oftotal cover: Remarks: (Include photo numbers here or on a separate sheet.) Vegetation dominance does not satisfy FAC Neutral Test US Amey Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: 1-B Profile Description: (E�Lscribe to tlye deptli neetietl to document the indicator or confirm tltieabsence of iridicators.) Depth Matrix Redox Features finches) Color fmoistl Color fmoistl 94 Type Loc Texture Remarks 0-2 1 OYR 4/3 75 7.5 YR 4/6 25 sandy loam 2-6 7.5YR 4/6 75 10 YR 4/3 25 sandy loam T60__ loamy sand 'Type: G=Concentration, D=Depletion, RM=Reduced Matrix. hAS=Masked Sand Grains. Hydric Soil Indicators, Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (AS) 2 cm Muck (A10) (L RR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) (L RR N, MLRA 147, 148) Sandy Cloyed Matrix (S4) Sandy Redox (SE) _ Stripped Matrix (SG) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Location: PL=Pore Lining„ M=Matrix. Indicators for Problematic Hydric Soils : Dark Surface (S7) —2 cm Muck (A10) (MLRA 147) Polyvalue Below Surface (58) (MLRA 147, 148) _ Coast Prairie Redox (AIG) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147r 148) Loamy GI eyed Matrix (F2) _ Piedmont Floodplain Soils (F 19) Depleted Matrix (F3) (WILRA 136, 147) Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF1 2) Depleted Dark Surface (F7) _ Other (Explain in Remarks) Redox Depressions (F) Iron -Manganese Masses (F12) (LRR Nr MLRA 136) Urnbric Surface (F13) (M LRA 136, 122) 31ndicators of hydrophytic vegetation and Piedmont Floodplain Soils (F 19) (M LRA 148) wetland hydrology must be present,. Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Soils are well drained with no hydric indicators. Hydric Soil Present? Yes No X US Army Corps of Engineers Eastern MOLIntains and Piedmont – Version 2.0 Test Pit at Sample Plot l -B Soil Profile at Sample Plot 1-B VMC Cabarrus - Andrews Sample Plot 1-B Cabarrus County, NC Non -JD Drained Pond ��ze�orce / DESIGN • P.O. Dox 163 • Hig6 Shoals • NO • 28077 • (704) 240-0793 Vegetation Community at Sample Plot 1-B Vegetation Community at Sample Plot 1-B VMC Cabarrus - Andrews Sample Plot 1-B Cabarrus County, NC Non -JD Drained Pond DESIGN • P.O. Dox 163 • Fill, SL,I, 1) ) lrJ i)3 NC DWQ Stream Identification Form Version 4.11 Stream S-2 Date. 1-14-16 Pr*ctfSlte: VMC Andrews Latitude: 35.4159 Evaluator: Craig R. Wyant RLA/SWS County: Cabarrus Longitude: -80.6970 Total Points: Stream Dete circle one) Other Kannapolis, NC Stream iset stinferrruttent23.0 Epherrreral t>arrnitten erennlal e- - 7r+a arrs�: fry 1s rennial ire 3a• 7. Recent alluvial deposits 0 1 S. Headcuts 0 1 2 } 3 A. Geo morphology (Subtotal =_ 17.5 _} Absent Wreak Moderates Strong 18, Continuity of channel bed and bank 0 1 2 2. Sinuosity of channel along thalweg 0 1 2 O 3 3. In -channel structure: ex. riffle -pool, step -pool, 1 O ripple -pool sequence 1 4. Particle size of strearn substrate 0 1 2 ;? S. ActivelreIict floodplain 0 1 2 , 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 S. Headcuts 0 1 2 } 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.S 11. Second or greater order channel n = [l Yes = 3 artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = _ 1.5 __) 12. Presence of Baseflow ® 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 17. Soil -based evidence of high +,eater table? 0 0.5 o _ 0 1 1.5 Yes = 3 G. Bi0109y (Subtotal = __A_0__) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 20. Macrobenthos (note diversity and abundance) 3 2 1 1 2 0 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 0.5 1 1.5 23, Crayfish 0 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; 0 B L = 1.5 ther = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 3' 12' 8' 4, 3' No water in channel Bed not saturated OFFICE USE ONLY: USACE AID# DWQ # Intermittent Non-RPW Stream Transect S-2 STREAM QUALITY ASSESSMENT WORKSHEET 1. Applicant's Name: VMC Cabarrus Andrews 2. Evaluator's Name: Craig R. Wyant RLA/SWS 3. Date of Evaluation: 1-14-16 4. Time of Evaluation: AM 5. Name of Stream: UT Coddle Creek 6. River Basin: Yadkin 7. Approximate Drainage Area: 25 acres 8. Stream Order: First 9. Length of Reach Evaluated: 400 if 10. County: Cabarrus 11. Location of reach under evaluation (include nearby roads and landmarks): From 1-85 north of Charlotte take Poplar Tent Road exit west to Harris School Road. Follow to Cessna Road on right. Follow to Trail Drive on right. Site is on right side at end of Trail Drive. 12. Site Coordinates (if known): N35.41590. W80.69700 13. Proposed Channel Work (if any): unknown 14. Recent Weather Conditions: No rain in past 24 hours 15. Site conditions at time of visit: Sunny; 70 degrees 16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YES Q 19. Does channel appear on USDA Soil Survey? YES G) 20. Estimated Watershed Land Use: 5 % Residential 0 % Commercial 0 % Industrial 40 % Agricultural 40 % Forested 5 % Cleared / Logged 0% Other (-Loads) 21. Bankfull Width: 8' 22. Bank Height (from bed to top of bank): 4' 23. Channel slope down center of stream: _Flat (0 to 2%) X Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%) 24. Channel Sinuosity: Straight X Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 45 Comments: be Evaluator's Signature Date 1-14-16 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change — version 05/03 . STREAM QUALITY ASSESSMENT WORKSHEET Intermittent Non-RPW Stream S-2 * These characteristics are not assessed in coastal streams. ECOREGION POINT RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0 — 4 0-5 0 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 4 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0 — 4 0-4 4 (extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 0 U(no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 (no floodplain = 0; extensive floodplain = max points) Entrenchment / floodplain access 0— 5 0— 4 0— 2 0 0.4 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 0 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 3 (extensive deposition= 0; little or no sediment = max points) 1 1 Size & diversity of channel bed substrate NA* 0-4 0 — 5 3 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 1 �0 (deeply incised = 0; stable bed & banks = max points) � 13 Presence of major bank failures 0-5 0-5 0 — 5 3 04 (severe erosion = 0; no erosion, stable banks = max points) MRoot 14 depth and density on banks 0-3 0-4 0 — 5 2 H (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture or livestock production 0-5 0 — 4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 3 (no riffles/ripples or pools = 0; well-developed = max points) 1 Habitat complexity 0-6 0 — 6 0-6 3 (little or no habitat = 0; frequent, varied habitats = max points) M 18 Canopy coverage over streambed 0-5 0-5 0-5 5 x (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 4 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates 0-4 0-5 0-5 0 (no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 0 C (no evidence = 0; common, numerous types = max points) 04 22 Presence of fish 0-4 0 — 4 0 00-4 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 100 TOTAL SCORE (also enter on first page) 45 * These characteristics are not assessed in coastal streams. Intermittent Stream Transect S-2 Looking Upstream Intermittent Stream Transect S-2 Looking Upstream VMC Cabarrus - Andrews Transect S-2 Cabarrus County, NC Intermittent Stream �liroe�iroe / DPSIGN • P.O. Dox 163 • Hig6 Sk..k • NC • 28077 • (704) 240-0793 ti ti Yom•'- .; _. z �`�, � r - \ ' / � � � �•_, °'V ♦, � t v�k- - I syr'., ,� ,y ` � r �ri I �F r � � � a .� ' S Intermittent Stream Transect S-2 View of Bed Intermittent Stream Transect S-2 View of Bed VMC Cabarrus - Andrews Transect S-2 Cabarrus County, NC Intermittent Stream �liroe�iroe / DPSIGN • P.O. Dox 163 0 Hig6 Sk..k 0 NC 0 28077 0 (704) 240-0793 Intermittent Stream Transect S-2 View of Bed Intermittent Stream Transect S-2 View of Bed VMC Cabarrus - Andrews Transect S-2 Cabarrus County, NC Intermittent Stream p�C r�eLane I DESIGN • P.O. Fox 163 • Hiy1, shoals • �c • 28077 0 (704) )40-07')3 S":_ i 00 v. A s _ 77"4;-- Intermittent Stream S-2 Lower Reach Looking Upstream r":, _ _ a Intermittent Stream S-2 Lower Reach Looking Upstream VMC Cabarrus - Andrews Transect S-2 Cabarrus County, NC Intermittent Stream 1'��ae�d�ze / DPSIGN • P.U. B— 163 0 High Shoals 0 NC 0 28077 0 (704) 240-0793