20230124_TE_Study

From: Jay Nivens
To: Parr,Adam
Subject: RE: [External]FW: 55-02-Denver Quarry Modification-USACE Permit
Date: Monday,January 23,2023 1:32:06 PM
Attachments: Exhibit E Dwarf Heartleaf Survev.odf
Exhibit F project report denver quarry 0 30979 30979.pdf
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an
attachment to Report Spam.
Hey Adam,
Below is what we submitted to the Corps and DWR for Endangered Species. I attached the 2
documents that are referenced.
Endangered Species Act(ESA)
A query of the North Carolina Natural Heritage Program database indicates that there are
no
records for rare species, important natural communities, natural areas or
conservation/managed areas within the boundary of the preferred alternative.This
document
is attached as Exhibit F.
A search of the USFWS Environmental Conservation Online System lists 4 species for
Lincoln
County:The monarch butterfly(Danaus plexippus)(Candidate), Michaux's sumac(Rhus
michauxii)(Endangered), Dwarf-flowered heartleaf(Hexastylis nanifloria)(Threatened) and
Georgia aster(Symphyotrichum georgianum)(Resolved Taxon).
MMM acquired the services of David Campbell (Botanist)to determine if Dwarf Hearleaf
(Hexastylis nanifloria)occurs within the project area. While onsite, Mr. Campbell also
searched
for Michaux's sumac(Rhus michauxii). Neither species were observed during the survey
effort.
A copy of this report is attached as Exhibit E
Also we are being told by the Corps we should have a fully executed permit by the end of the week.
I will forward the final permit once we receive a copy.
Let me know if you have any questions or need additional data.
Thanks,
Jay Nivens
Regional Manager-Environmental Services I East Division

Martin Marietta
8701 Red Oak Blvd.Suite 540 Charlotte NC,28217
t. [phone] m. [phone]
[e-mail]
www.martinmarietta.com
From: Parr, Adam <[e-mail]>
Sent:Thursday,January 19, 2023 11:31 AM
To:Jay Nivens<[e-mail]>
Subject: RE: [External] FW: 55-02 - Denver Quarry Modification - USACE Permit
EXTERNAL EMAIL
Jay,
Would you please forward the wildlife study you did for the USACE permit.
Thanks,
Adam Parr, PE
Assistant State Mining Engineer
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
adam.parr(@ncdenr.gov
Physical Address: 512 N Salisbury Street
Raleigh, NC 27604
Mailing Address: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Mining Program Website:
https://deg.nc.gov/mining-program
D E
.�A No=
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From:Jay Nivens<Jay.Nivens(@ martin marietta.com>
Sent: Monday,January 9, 2023 4:18 PM

To: Parr, Adam <adam.parr(@ncdenr.g_ov>
Subject: [External] FW: 55-02 - Denver Quarry Modification - USACE Permit
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an
attachment to Report Spam.
Hey Adam,
I just wanted to send you this permit from USACE. This permit has been signed by Martin and has
been returned to the Corps for signature. I am sure there are other comments but I wanted to send
this ahead of time.
I had hoped to send this to you before now but we had one of our guys in Maryland who covered
Maryland and Virginia leave the company. This has caused me to try and pick up the activity in this
area until we find a replacement.
Thanks,
Jay Nivens
Regional Manager-Environmental Services I East Division
Martin Marietta
8701 Red Oak Blvd.Suite 540 Charlotte NC,28217
t. [phone] m. [phone]
e. iay.nivensla�martinmarietta.com
www.martinmarietta.com
From:Jay Nivens
Sent: Wednesday, December 7, 2022 4:04 PM
To: Parr, Adam <adam.parr(@ncdenr.gov>
Subject: RE: 55-02 - Denver Quarry Modification
Yes, sir. I meant to send you a message and let you know I could provide the digital files. I will get
them copied to a share file and send you the link. It may be a little later in the week if that will work.
Thanks,
Jay Nivens
Regional Manager-Environmental Services I East Division
Martin Marietta
8701 Red Oak Blvd.Suite 540 Charlotte NC,28217
t. [phone] m. [phone]

e. iay.nivensl�martinmarietta.com
www.martinmarietta.com
From: Parr, Adam <adam.parr(@ncdenr.gov>
Sent: Wednesday, December 7, 2022 4:01 PM
To:Jay Nivens<Jay.Nivens(@martinmarietta.com>
Subject: 55-02 - Denver Quarry Modification
EXTERNAL EMAIL
Jay,
Do you have the files for the Denver Modification in a digital format? It will save me from having to
scan in all the paper copies.
Thanks,
Adam Parr, PE
Assistant State Mining Engineer
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
Physical Address: 512 N Salisbury Street
Raleigh, NC 27604
Mailing Address: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Mining Program Website:
https://deq.nc.gov/mining-program
40a ;'L�A;AIEQ
IQ ;
O�pa�lenMrt of Em+ranmynhA OuiFlll�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

David Campbell
719 6th Ave. NW
Hickory, NC 28601
[phone]
[e-mail]
Mr.Thomas Brown, PWS May 21, 2021
Wetland Specialist, East Division
Martin Marietta
2700 Wycliff Road, Suite 104
Raleigh, NC 27607
[phone]
Sent via email: [e-mail]
Re: Martin Marietta Denver Quarry Dwarf Heartleaf Survey
Dear Mr. Brown,
Thank you for the opportunity to assist with your project. On May 7, 2021 David Campbell (Botanist)
along with Thomas Brown, PWS (Wetland Specialist, Martin Marietta), performed a field survey at the
Martin Marietta Denver Quarry to determine the presence/absence of Dwarf Heartleaf(Hexastylis
naniflora) in the project area.This survey took place during the prescribed survey window for Dwarf
Heartleaf, as per United States Fish and Wildlife Service (USFWS) protocol. Prior to the site visit,the
North Carolina Natural Heritage Program (NCNHP) database was queried to determine the reported
occurrence of any Threatened or Endangered species within a one-mile radius of the project area
(please see Attachment 1). The database revealed that a vascular plant, Michaux's Sumac(Rhus
michauxii), had been reported in the vicinity of the project area, but that record is extremely old (very
early twentieth century), and is now considered to be historic(please see Attachment 1). No Michaux's
Sumac (Rhus michauxii)were observed during the survey effort.
Most of the project area consists of forested tracts largely comprising mesic slopes dominated by
mature American Beech (Fagus grandifolia),Tuliptree (Liriodendron tulipifera), Northern Red Oak
(Quercus rubra), and White Oak (Quercus alba)- please see Figure 1. The understory also contains
scattered individuals of Umbrella Magnolia (Magnolia tripetala), Mountain Silverbell (Halesia
tetraptera), Fringetree (Chionanthus virginicus), and Mapleleaf Viburnum (Viburnum acerifolium). Vines
present largely consisted of Smilax and Vitis spp.The uppermost slopes feature species more
characteristic of dry-mesic to xeric conditions such as Virginia Pine (Pinus virginiana), Mockernut Hickory
(Carya tomentosa), Red Maple (Acer rubrum var. rubrum), Black Gum (Nyssa sylvatica), Chestnut Oak
(Quercus montana), and Scarlet Oak(Quercus coccinea). Thickets of Mountain Laurel (Kalmia latifolia)
were also present in some mid to upper slope areas. Herbaceous diversity was relatively low with
Christmas Fern (Polystichum acrostichoides), Spotted Wintergreen (Chimaphila maculata), Variable-leaf

Heartleaf(Hexastylis heterophylla), Green-and-gold (Chrysogonum virginianum), and Eastern Woodland
Sedge (Carex blanda)occurring as scattered clumps and individuals throughout.
Streamside flats,which appear to experience periodic scouring events, have sparse to moderately
dense herbaceous layers with Netted Chain-fern (Lorinseria areolata), Sensitive Fern (Onoclea sensibilis),
Yellowroot(Xanthorhiza simplicissima), Chinese Privet(Ligustrum sinense)-this often in dense stands,
Pawpaw(Asimina triloba), Spicebush (Lindera benzoin), and Japanese silt-grass (Microstegium
vimineum).
Soil series present are mapped as Chewacla Loam (lower slopes), Pacolet Sandy Loam, and Toccoa Sandy
Loam (mid to upper slopes).
One species of Hexastylis was found to occur within the project area,the Variable-leaf Heartleaf
(Hexastylis heterophylla). As its name suggests, H. heterophylla is known for showing high degrees of
phenotypic variation throughout its range. Leaves are frequently unmarked, but they are also often
found bearing faint white variegations,typically along primary leaf veins (please see Figure 2). Flowers
may be flared (please see Figure 3), or relatively unflared (please see Figure 4). Calyx tube openings of
plants examined in the project area exceeded 7 mm in width,thus rendering them too large to be
consistent with those found for Dwarf Heartleaf(Hexastylis naniflora).
As a result of the above-mentioned observations,this biological survey found no individuals of Dwarf
Heartleaf(Hexastylis naniflora)to be present within the project area.
Sincerely,
David Campbell
Botanist
Attachments: Letter from NCNHP, May 2, 2021
Figure 1-Site Photo
Figure 2- In situ photo of Variable-leaf Heartleaf(Hexastylis heterophylla)
Figure 3-Close-up image of floral features of Variable-leaf Heartleaf(Hexastylis heterophylla)
Figure 4-Close-up image of floral features of Variable-leaf Heartleaf(Hexastylis heterophylla)

Roy Cooper,Governor
■'■■■
■■ ■ NC DEPARTMENT OF o.Reid Wilson,Secretary
■mmimm NATURAL AND CULTURAL RESOURCES wafter Clark
■�■wi
Director,Division of Land and Water Stewardship
NCNHDE-14583
May 2, 2021
David Campbell
David Campbell Botanist
719 6th Ave. NW
Hickory, NC 28601
RE: Denver Quarry
Dear David Campbell:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/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. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Di rectory_/ListOffices.cfm?statecode=37.
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, Registered Heritage Area, Land and Water Fund 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 Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
fl 121 W.JONES STREET,RALEIGH.NC 27603 • 1GS1 MAIL SERVICE CENTER,RALEIGH.NC 27699
OFC 919.707.9120 • FAX 919.707,9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Denver Quarry
May 2, 2021
NCNHDE-14583
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name ast Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Vascular Plant 12037 Rhus michauxii Michaux's Sumac 1917-Pre H 5-Very Endangered Endangered G2G3 S2
Low
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
Catawba Lands Conservancy - Sallys YMCA Catawba Lands Conservancy Private
Catawba Lands Conservancy - Little Falls Preserve Catawba Lands Conservancy Private
Catawba Lands Conservancy - Catawba Springs Catawba Lands Conservancy Private
Preserve
NC Land and Water Fund Project NC DNCR, INC Land and Water Fund State
NC Land and Water Fund Project NC DNCR, INC Land and Water Fund State
NC Department of Transportation Mitigation Site NC Department of Transportation State
NC Department of Transportation Mitigation Site NC Department of Transportation State
Three Rivers Land Trust Easement Three Rivers Land Trust Private
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on May 2,2021;source: NCNHP,Q1 April 2021. 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-14583: Denver Quarry
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Buffered Project Boundary o 0.325 0.65 1.3 km
Managed Area(MAREA) Sources: Esri,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS,
FAO,NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,
METI,Esri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS
User Community
Page 3 of 3

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Close-up of floral features of Variable-leaf Heartleaf(Hexastylis heterophylla).
Martin Marietta Denver Quarry, Denver, North Carolina. May 7, 2021.

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Figure 4
Close-up of floral features of Variable-leaf Heartleaf(Hexastylis heterophylla).
Martin Marietta Denver Quarry, Denver, North Carolina. May 7, 2021.

Roy Cooper,Governor
■'■■■
■■ ■ NC DEPARTMENT OF o.Reid Wilson,Secretary
■mmimm NATURAL AND CULTURAL RESOURCES wafter Clark
■�■wi
Director,Division of Land and Water Stewardship
NCNHDE-15005
July 1, 2021
Thomas Brown
Martin Marietta
2235 Gateway Access Point
Raleigh, NC 27607
RE: Denver Quarry; 001
Dear Thomas Brown:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/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. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Di rectory_/ListOffices.cfm?statecode=37.
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, Registered Heritage Area, Land and Water Fund 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 Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
fl 121 W.JONES STREET,RALEIGH.NC 27603 • 1GS1 MAIL SERVICE CENTER,RALEIGH.NC 27699
OFC 919.707.9120 • FAX 919.707,9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Denver Quarry
Project No. 001
July 1, 2021
NCNHDE-15005
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name IF Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Natural 40115 Dry-Mesic --- 2020-07-10 C 2-High --- --- G4G5 S4
Community Oak--Hickory Forest
(Piedmont Subtype)
Vascular Plant 29086 Hexastylis naniflora Dwarf-flowered 2010? E 2-High Threatened Threatened G3 S3
Heartleaf
Vascular Plant 12037 Rhus michauxii Michaux's Sumac 1917-Pre H 5-Very Endangered Endangered G2G3 S2
Low
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Nam Representational Rating Collective Rating ,
Beth Haven Flatrock R4 (Moderate) C4 (Moderate)
No Managed Areas are Documented Within a One-mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.or./g helo. Data query generated on July 1,2021; source: NCNHP, Q1 April 2021. 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-1 5005: Denver Quarry
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Project Boundary i ? .1 '. 11
Buffered Project Boundary 0 0.35 0.7 1.4 km
Sources: Esn,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS,
El NHP Natural Area(NHNA) FAO NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esn Japan,
METi,Fsri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS
User Community
Page 3 of 3