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HomeMy WebLinkAbout20231120_Army_Corps_Wetlands_Permit DEPARTMENT OF THE ARMY WILMINGTO DISTRICT,CORPS ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 284034343 October 26, 2023 Regulatory Division Action ID. SAW-2019-00233 Martin Marietta Materials, Inc. Attn: Mr. Ron Kopplin 2235 Gateway Access Point Raleigh, North Carolina 27607 Dear Mr. Kopplin: In accordance with your written request on February 10, 2022, and the ensuing administrative record, enclosed is a copy of a permit to discharge fill material in 8.96 acres of wetlands and 899 linear feet (LF) of stream, associated with the expansion of the existing Belgrade Quarry in Maysville, Jones County, North Carolina. Any deviation in the authorized work will likely require modification of this permit. If any change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: a. You must complete construction before December 31, 2038. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. You should address all questions regarding this authorization to Ms. Emily Thompson at the Washington Regulatory Field Office, telephone 910-251-4629, or via email at Emily.b.thompson@usace.army.mil. For the Regulatory Division Chief, James C. Lastinger Field Office Chief Washington Regulatory Enclosures: Department of the Army Permit Special Conditions Plans Cc (via email with enclosures): MMM, Inc. —Thomas Brown - Thomas.Brown martinmarietta.com NC DEQ, DWR— Stephanie Goss - ste hanie. oss de .nc. ov NC DEQ, DEMLR—Adam Parr- adam.parramcdenr.cloy USACE, Regulatory Division —Todd Tugwell -todd.i.tuqwell@usace.army.mil Cc (via email with Special Conditions and Plans): US EPA—Todd Bowers -bowers.todda-epa.4ov_ USFWS— Kathy Matthews - kathryn matthewsa-fws.00v DEPARTMENT OF THE ARMY PERMIT Permittee.Mr.Ron Kopplin,Martin Marietta Materials,Inc. Permit No. SAW-2019-00233 Issuing Office CESAW-RG-W NOTE: The term "you"and its derivatives,as used in this permit,means the permittee or any future transferee. The tern"this office"refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To discharge fill material in 8.96 acres of wetlands and 899 linear feet(LF)of stream,associated with the expansion of the existing Belgrade Quarry in Maysville,Jones County,North Carolina. Project Location: The 1,605-acre site,known as the Belgrade Quarry(Quarry),is located at 5678 Highway 58 South in Maysville,Jones County,North Carolina.The Quarry is located within the White Oak River Basin(03020301).The area of proposed mine expansion is comprised of an approximately 8-acre site north of the existing mine pit(North Pit Expansion)and a new pit(Bender Pit)that is a 94.89-acre area southeast of the existing mining facility.The parcel proposed for preservation, as a part of the compensatory mitigation plan,is located south of the proposed Bender Pit adjacent to the White Oak River. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2038. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,you must obtain a modification of this permit from this office,which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit,you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit,you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project,you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience,a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A)) Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities:You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C.403). ( X ) Section 404 of the Clean Water Act(33 U.S.C. 1344). ( ) Section 103 of the Marine Protection,Research and Sanctuaries Act of 1972(33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal,state,or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification,suspension,or revocation of this permit. 2 4. Reliance on Applicant's Data:The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false,incomplete,or inaccurate(See 4 above). c. Significant new infornation surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision,the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below,as permittee,indicates that you accept and agree to comply with the terns and conditions of this permit. �—& 4—'� �oj ? cj 20 (PERM17TEE) (DA TE) Mr.Ron Kopplin,Martin Marietta Materials,Inc. This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below. October 26, 2023 OR THE COMMANDER (DATE) Brad A.Morgan,District Commander When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below. (TRANSFEREE) (DATE) 3 •u.s covarwWNTPROTrna OFr•[Cr?•1996-717425 CE SAW RG (File Number, SAW 2019-00233) Belgrade Quarry Expansion Project Special Conditions 1. Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit plans dated April 13, 2021 (Northern Pit Expansion) and February 23, 2022 (Proposed Bender Pit) and the associated detailed drawings, which are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. 2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps- approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings shall be available at the project site during construction and maintenance of this project. 4. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction meeting between its representatives, the contractor's representatives and the appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The Permittee shall schedule the preconstruction meeting for a time frame when the Corps, NCDCM, and NCDWR Project Managers can attend. The Permittee shall invite the Corps, NCDCM, and NCDWR Project Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedule and participate in the required meeting. The thirty (30) day requirement can be waived with the concurrence of the Corps. 5. Notification of Construction Commencement and Completion: The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 6. Reporting Address: All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers, Wilmington District Washington Regulatory Field Office, Attn: Ms. Emily 1 CE SAW RG (File Number, SAW 2019-00233) Thompson, 2407 West 51h Street, Washington, NC 27889, or Emily.b.thompson@usace.army.mil. The Permittee shall reference the following permit number, SAW-2019-00233, on all submittals. 7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 8. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing and by telephone at: 910-251-4629 within 24 hours of the Permittee's discovery of the violation. 9. Endangered Species Act: The Permittee shall implement all necessary measures to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any federally-listed threatened or endangered species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District Washington Field Office, Attn: Ms. Emily Thompson, 2407 West 5th Street, Washington, NC 27889, or Emily.b.thompson@usace.army.mil will be immediately notified to initiate the required Federal coordination. • A wooded buffer greater than 330 feet shall be maintained from the known Bald eagle nest and no work shall occur within 660 feet of the nest location between 1 December and 15 July of each year. • Tricolored Bat (TCB) Special Condition: Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps (Attn: Emily Thompson via email at Emily.b.thompson@usace.army.mil) to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. 10. Biological Opinion: This Department of the Army permit does not authorize you to take an endangered species, in particular the Northern long-eared bat, Myotis septentrionalis. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed U.S. Fish and Wildlife Service Biological Opinion (BO) dated September 25, 2023, contains mandatory terms and conditions to implement the 2 CE SAW-RG (File Number, SAW 2019-00233) reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO. Your authorization under this permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your permit. The U.S. Fish and Wildlife Service is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. • The applicant shall notify USFWS of the status of the project by May 1, 2024, via email (kathryn matthews ffws.gov}. 11. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters and/or wetlands. 12. Sediment and Erosion Control: 1) During the clearing phase of the project, heavy equipment shall not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non-erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. 2) No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. This includes, but is not limited to, sediment control fences and other barriers intended to catch sediment losses. 3) The Permittee shall remove all sediment and erosion control measures placed in waters and/or wetlands, and shall restore natural grades on those areas, prior to project completion. 4) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual"to ensure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to ensure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of 3 CE SAW RG (File Number, SAW 2019-00233) earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be inspected and maintained regularly, especially following rainfall events. All fill material shall be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 13. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free of items such as trash, construction debris, metal and plastic products, and concrete block with exposed metal reinforcement mars. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source. 14. Water Contamination: All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or(800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. 15. Aquatic Life Movement: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area. All discharges of dredged or fill material within waters of the United States shall be designed and constructed to maintain low flows to sustain the movement of aquatic species. 16. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). Compensatory Mitigation 17. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. 18. The Permittee shall fully implement the compensatory mitigation plan and wetland monitoring plan, entitled Martin Marietta Belgrade Quarry Mitigation Plan and 4 CE SAW RG (File Number, SAW 2019-00233) Belgrade Quarry Bender Pit Wetland Monitoring Plan, dated February 2, 2023, and January 25, 2023, respectively, for the unavoidable impacts to 8.96 acres of wetlands. Activities prescribed by this plan shall be initiated prior to, or concurrently with, commencement of any construction activities within jurisdictional areas authorized by this permit. The Permittee shall preserve 94.89 acres of wetlands in accordance with the plan and with the following conditions: 1) The Permittee, Martin Marietta Materials, Inc. is the party responsible for the implementation, performance and long-term management of the compensatory mitigation project. 2) Any changes or modifications to your mitigation plan shall be first approved by the Corps. 3) The Permittee shall maintain the entire mitigation site in its natural condition, as altered by the work in the mitigation plan, in perpetuity. Prohibited activities within the mitigation site specifically include, but are not limited to: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, cutting, removal, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, debris or other waste material; graze or water animals, or use for any agricultural or horticultural purpose; or any other activity which would result in the property being adversely impacted or destroyed, except as specifically authorized by this permit. 4) The Permittee shall not sell or otherwise convey any interest in the mitigation property used to satisfy the mitigation requirements for this permit to any third party, without prior written approval from the Wilmington District Corps of Engineers. 5) Monitoring wells were installed on February 27, 2023, and will be collecting data until the end of February 2024 to establish a baseline for monitoring during the growing season. No overburden material shall be removed until after the baseline for monitoring has been established. 19. Conservation Easement: 1) The Permittee shall preserve and maintain the 94.89 acres of Department of the Army (DA)jurisdictional wetlands indicated on the attached plat. The Permittee is prohibited from performing any of the following activities on the property: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. 5 CE SAW RG (File Number, SAW- 2019-00233) 2) Prior to initiating work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation easement prohibiting those activities listed in Condition A. above. The holder of this easement, and all terms and conditions of this easement, shall be approved by the Corps prior to recordation. Before recording this easement, the Permittee shall provide to the Corps written confirmation that the approved third-party holder has accepted responsibility for holding the easement. 3) Within 30 days of the recordation of the easement, the Permittee shall provide the Corps of Engineers a copy of the recorded easement. The Permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described therein. 20. Culverts: 1) Unless otherwise requested in the application and depicted on the approved permit plans, culverts greater than 48 inches in diameter shall be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter and less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain existing channel slope. The bottom of the culvert shall be placed at a depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts shall be designed and constructed in a manner that minimizes destabilization and head cutting. 2) Measures shall be included in the culvert construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a culvert or pipe shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed opening shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gauge data, if available. In the absence of such data, bankfull flow can be used as a comparable level. 3) The Permittee shall implement all reasonable and practicable measures to ensure that equipment, structures, fill pads, work, and operations associated with this project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but are not limited to, channel instability, flooding, and/or stream bank erosion. The Permittee shall routinely monitor for these effects, cease all work when detected, take initial corrective measures to correct actively eroding areas, and notify this office immediately. Permanent corrective measures may require additional authorization by the U.S. Army Corps of Engineers. 4) Culverts placed within wetlands must be installed in a manner that does not restrict the flows and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water shall not be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 6 CE SAW RG (File Number, SAW- 2019-00233) 21. As-Built Construction Plans: Within 60 days following the completion of construction, the Permittee shall submit to the Corps as-built plans for those portions that affect waters of the United States, including wetlands. The as-built plans shall include all grading, structures and activities in or affecting waters and/or wetlands. 7 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Martin Marietta Materials, Inc. Attn: File Number: SAW-2019- Date: October 12, Mr. Ron Kopplin 100233 2023 Attached is: See Section below X INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter of ermission B PERMIT DENIAL WITHOUT PREJUDICE C PERMIT DENIAL WITH PREJUDICE D APPROVED JURISDICTIONAL DETERMINATION E PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httos:/Avww.usace.army.mil/Missions/Civil- Works/Re ulato -Pro ram-and-Permits/a ealsl or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: -2- If you have questions regarding this decision If you have questions regarding the appeal you may contact: process, or to submit your request for appeal, you may contact: Philip Shannin Regulatory Appeals Review Officer South Atlantic Division 60 Forsyth St SW, Floor M9 Atlanta, Georgia 30303-8803 Phili .A.Shannin2 usace.army.mil 404-562-5136 SECTION II -- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: -3- Compensatory Mitigation Responsibility Transfer Form Permittee: Martin Marietta Materials, Inc.,Mr_Ron Kopplin Action ID:SAW-2019-00233 Project Name:Belgrade Quarry Expansion/Jones County:Jones Instructions to Permittee:The Permittee must provide a copy of this form to the Mitigation Sponsor,either an approved Mitigation Bank or the North Carolina Division of Mitigation Services(NCDMS),who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-dlgit Hydrologic Unit Code(HUC),multiple forms will be attached to the permit,and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor:The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below,the Sponsor is accepting full responsibility for the identified mitigation,regardless of whether they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03020301 White Oak River Stream Im acts linear feet) Wetland Impacts(acres) Warm Cool Cald Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 899 8.96 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 9-digit HUC and Basin:03020301 White Oak River Stream Mitigation credits Wetland Mitigation(credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 1,005 8.08 Mitigation Site Debited: Bachelors Delight Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the Specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I,the undersigned,verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further,I understand that if the Sponsor fails to provide the required compensatory mitigation,the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form,the Permittee is no longer responsible for providing the mitigation identified in this form,though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit Identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee,Mitigation Sponsor,and in the USACE administrative records for both the permit and the Bank/1LF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below)is provided with a signed copy of this form. • If changes are proposed to the type,amount,or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case-by-case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved,higher mitigation ratios maybe applied,as per current District guidance and anew version of this form must be completed and included in the District administrative records for both the permit and the Bank/1LF Instrument. Comments/Additional Conditions:A letter from Davey Resource Group,confirming they are willing and able to acce t the applicant's compensatory mitigation responsibility,dated 1/26/2023. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the District Project Manager at the address below,3)the Bank Manager listed in R1B17S,and 4)the Wilmington District Mitigation Office,3331 Heritage Trade Drive, Suite 10S, Wake forest, NC 27587 for by email to SAWMlT*usace.armv.mill. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Emily B.Thompson USACE Field Office: Washington Regulatory Office US Army Corps of Engineers 2407 West Fifth Street Washington,North Carolina 27889 Email: Emily.B.Thompson@usace.army.mil 07)�4 .J sa/iz/zoz3 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance,including information on mitigation ratios,functional assessments,and mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings)is available at httP:Hri bits.usace.army.m i I. Figure 6 Belgrade Quarry Proposed Northern Expansion Martin Marietta Drawn by:Thomas Brown 4l1 Y2021 For Permitting Purposes Only Locations Are Approximate - a i .ti if A. 77 Proposed Stream Impacts 793LF Legend Approximate Current Pit Limits 2 � � Proposed Northern Expansion Stream Impacts t Stream Rerouted Flow N Jones County Parcels 3 , , star C M S Ato the Gi$.9s- u 500 250 0 500 Feet 9 �. � \ a � o } \ $ 0 / § § o Qn § 0� �Z �. qz /- § of Em `ee : / � . -�, . . � � � ■ 2 | "eA/ - K / [ k | k : -4 E | R p ���■Imp .■ m§���@ �X m mzw, 2 §� 12)■ § «§ §»§2 tmn �zom o 0"per A i o G A G zo ' § m o so ƒ z in � o 0 ¥ z m m§ § §o § » k§ K 0 Figure 5 Belgrade Quarry Proposed Bender Pit Martin Marietta Drawn by:Thomas Brown 2123/2022 r F For Permitting Purposes Only Locations AreApprojdmate Haul Road to Plant Wetland Impact 0.45 Acre Haul Road to Plant Wetland Impact 0.18 Acre Proposed Pit Overburden Road Wetland Impact Total Wetland Impacts 7.43 Acres S 0.90 Acre Stream Impacts 106 LF Legend Proposed Bender Pit Road Crossings Stream Impacts Stream Wetland_Impacts Wetland Boundary CApproximate Current Pit Limits 850 425 0 850 Feet Belgrade Quarry Culvert Lo a Martin ■ - by-Thomas Brown pr ., i Marietta r #�t y 'i rye r For PermNng Purposes Only Locaflons Are Approximate .J ulvert Detail B f: / t J j Legend ice` r Approximate Current Pit Limits Road Crossings Proposed Bender Pit Wetlan • • Wetland Boundary .01 -� -u+',�•.1:��:�'y� :��`�.ell-��I�H�.7 C',�1�:=i ..} :����'�r}� I's eel-01i4 iija-ifit I 0;.641"If-go P, f4j,r .Ili Its is to fi, S.mtj M it It. It. Ica-, s 40 is is Ide Ma Ili ado It's 1 14 Ire �!i S. •N. i lip Ili Ifff 84 (D Oln 14 No 140 is OM Its Ofs Its. Ac It, It. to. it. It It. 1 0 0 fi W If's lei.04 l4pollitt is U N14its". Its Its in i% (a Is (a Is to rr if Iffm CrI 146114 4 'I'm 14 off it is i to rr 40 a it 4 rr fr fr ri 19 fi o 48 is Is 4D to ej go. fo!_140 4* I'D i 4t Is I 4 , flip ul' ,JIM wo—,I L 14 1 it .I(- to I tr *-LW to. j4i 04' to 'INV p A W'WI I L L Itj I(In 441 Its 04' in 49.J I I"qt�I I.1%� W Iola It. -f o Ili 144 to fri me,* le's fele t�lq.#(,a I In Mp Me is 40"lls "We`qvt'"We we-I it t-III- i(ev Itiv 14 Cr i iiCrl e �t.,e is ts If Nip Ili is I l Ell 11 1 i ID1 �+ o III—III. II III— � P t . 0 z :ITI=111= 1 0 c 1=1 I 11 `I I 11 I v x s = 11 11 111 MI —Mil D � I III—III I1 a 11—I I fir + + s a j o 1 � A o c z cn a ° z O Z ca z v o 0 O p .0 a U cn O co a oa 17 U v S Q 0 m U } CL L O a� uu t t t t L L L L L L L L Y l � 4 1 F a n m ffi $ O $ U n a 4 C y to m a c U a Lx KL 1L Mt C tl jL C O � I re CL $a c v C m �� m y Martin Marietta Belgrade Quarry Mitigation Plan SAW-2019-00233 2-2-2023 The Corps has requested that MMM mitigate for impacts to 8.96 acres of wetland at a 3:1 ratio,due to the results found in NCWAM assessments. Though MMM does not agree with the 3:1 ratio assessment, we are proposing to equitably meet this ratio through a combination of preservation and purchasing credits from a bank as explained below. MMM is proposing to preserve the—104 acre"Woods Property" by donating the property to The Barn Group Land Trust Inc. This property contains 94.89 acres of very high-quality wetlands located just downstream of the project site. MMM believes that due to the high-quality nature of these wetlands, their location in relation to the property and the fact that the property could be timbered,make it a better alternative for mitigation than purchasing all credits from a mitigation bank. A wetland delineation map and timber assessment are attached to this plan. At the requested 3:1 ratio,8.96 acres of impacts would require 26.88 credits. MMM is proposing to preserve 94.89 acres of wetland. This preservation plan would be equal to 18.9 credits. As this does not fulfil the number of credits required, MMM is proposing to purchase an additional 8.08 credits from Bachelors Delight Mitigation Bank. This plan is to equal 26.98 credits(more than 3:1). Furthermore, MMM is proposing to compensate for impacts to 106LF of stream associated with the Overburden road crossing at a 2:1 ratio and impacts to 7931f of stream associated with the North Pit at a 1:1 ratio by purchasing 1,005 stream credits from Bachelors Delight Mitigation Bank. A mitigation acceptance letter from the bank is attached to this plan. W Belgrade « in Woods Propertyra 1 /jk Marietta Drawn by:Thomas Brownti +A. _ r 1123/2023 For Permitting Purposes Onty .}.* •Is ... i i LoCatIons Are Approximate * r r ' - x t"•* ', ,y44 • . W• ;'fit !i t � �i T ���t _.•+.F �r�-��_ y�. t Y" !ice Legend Upland Wetland �• .>.fry•♦ '}t • � ; ?`4 � y, i+' y i t n , '•.p1•{. i 1 1 11 1 1 11 --