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HomeMy WebLinkAbout20210429_Application IV APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Thomas Borrow Pit County Carteret River Basin Neuse RECEIVED Latitude (decimal degrees to four places) 34.7753' APR 2 9 2021 Longitude(decimal degrees to four places) -76.6306' gyp QOAITy SECTION 2. Name of Applicant* Ralph Thomas, Jr. 3. Permanent address for receipt of official mail**106 Pleasant Drive, Beaufort, NC 28516 Telephone (252) 728-5138 Alternate No.S ) 4. Mine Office Address 106 Pleasant Drive, Beaufort, NC 28516 Telephone (252) 728-5138 5. Mine Manager Ralph Thomas 6. E-mail Address: _ralphthomasjr 7a hotmail com I certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date y4 Z-&Z1 Print Name Ralph Thomas, Jr. Title Property Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. ** The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number. *** Sianature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit(this is the acreage that the "new permit' fee will be based upon): 6.96 Of this acreage, how much is owned and how much is leased? Acres owned: 6.96 Acres leased:---- Property owner if leased: ----- ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No❑. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.: disturbed, ground cover removed)by the mining operation? Yes ❑ No ❑ (If no, a"minor modification" fee of$100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Borrow 3. Mining method: 8 Hydraulic Dredge e Front-end Loader & Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other(explain): Excavator and Truck 4. a. Expected maximum depth of mine (feet) 20 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural ground b. Expected average depth of mine (feet) 20 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Portion was mined as a borrow pit for NCDOT proiect under Land Disturbance permits CARTE-2018-018 -2- APPLICATION FOR A MINING PERMIT 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity): Life of Mining Operations B. MAPS 1. See attached plan set C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Repair and replenish existing erosion control measures, install new erosion control measures northern pit limits. 2. Mine materials. 3. Seed and mulch all disturbed areas and reclaim site as pond. Existing haul roads will remain after reclamation. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Silt fence with periodic openings for drainage were installed around the entire permit boundary when the proposed mine was used a borrow pit under land disturbance permit CARTE-18-18. The mine excavation area and unexcavated buffer adjacent to the mine excavation will drain internally. The haul road will drain externally. The proposed measures are shown on the attached plans. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No N. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No E. If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: N/A . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The proposed mine will drain internally, will not be dewatered, and will not discharge; therefore, no additional Division of Land Resources, Water Quality, or Water Resource permitting is required. -3- APPLICATION FOR A MINING PERMIT 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Dust from mine roads and active stockpiles will be controlled by water spray, seeding, and/or stabilizing, as necessary. Inactive stockpiles will be temporarily or permanently seeded depending on the season. 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). The proposed t4.8 acre mine excavation is located on a t139-acre tract of property owned by Ralph Thomas. The proposed excavation limits are more than 1,000 feet from the western, southern, and eastern property boundaries. Therefore, a minimum 10-foot buffer is shown along the western and southern boundary. The jurisdictional 404 wetlands, as well as tidal ditches and associated CAMA 75-foot Area of Environmental Concern (AEC) limit the existing haul road/entrance road to its existing width, and no widening can be conducted within the AEC. Additionally, the existing tidal ditches and coastal wetlands limit the existing north-south haul road to its current location and width. Therefore, the eastern and northern buffers are limited and variable based on their existing location. The proposed buffers are shown on the attached plans. The jurisdictional limits of the jurisdictional 404 wetlands were confirmed by the US Army Corps of Engineers (USACE) on May 30, 2017, as documented in the attached email from the USACE dated June 27, 2017. The jurisdictional limits of the coastal wetlands, tidal ditches and 75' AECs were confirmed by Brad Connell with the NC Division of Coastal Management(NCDCM) on May 17, 2017, as documented in the attached email from NCDCM dated June 27, 2017. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). There are no natural watercourses or wetlands within the proposed permit boundary. The features within the mining permit boundary consist of jurisdictional man-made ditches. The applicant obtained a 404 NWP 44 from the USACE and a 401 Water Quality Certification from NCDWR authorizing impacts/removal of the jurisdictional ditches within the mining permit boundary. Therefore, there are no buffers required within the mining permit boundary. Copies of the 404 and 401 permits are attached to this application. Wetland B is located adjacent to the southern edge of the existing haul road/entrance road in the eastern portion of the project area. Since the project will utilize the existing haul road in its current condition and width, a buffer will not be provided for Wetland B. -4- APPLICATION FOR A MINING PERMIT In an email dated September 13, 2017, NCDCM confirmed that a CAMA permit was not required since the existing haul road through the 75-foot AEC would be utilized for access/hauling and would not be improved or widened within the AEC. A copy of the NCDCM email has been attached to this application. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. A minimum 3 horizontal to 1 vertical slope will be maintained. b. Provide a cross-section on the mine map(s)for all.Tll slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. See detail sheet on attached plan set. c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). N/A d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cat slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are no neighboring dwelling house(s), public road(s), public, commercial or industrial building(s) within 300 feet of the proposed mine excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). A gate will gate will be maintained at the pit entrance to prevent uncontrolled access to the pit. 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross- sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The distance from Highway 70, over 1,500 feet, will serve to reduce the visibility of the mining operation from the public. -5- APPLICATION FOR A MINING PERMIT b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No parks, forest, or recreation area are located in the area. 11. Will explosives be used? Yes ❑ No ®. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®. Ifyes, describe these materials, how thev will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part ofthe reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. The entire excavated area will be reclaimed as a pond. The side slopes will be graded to a minimum of 3:1. Unexcavated areas will be graded to prevent standing water. All disturbed areas not submerged will be seeded. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No Z. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A -6- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas,including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. All areas will be graded to prevent standing water and seeded. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. All stockpile areas will be graded and seeded as shown on the plans. b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The existing on-site roadways will remain in place after the reclamation is completed. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas mast be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. No off-site waste will be disposed within the permit boundary. -7- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for Year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 4,000 pounds per acre FERTILIZER-ANALYSIS AND RATE OF APPLICATION (pounds/acre): 500 pounds per acre SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Scedin2 Dates: Seeding Rates: Tall Fescue (Kentucky 3 1) March l —August 31 75 Ibs/acre Bermuda Grass (hulled) March 1 —August 31 25 Ibs/acre Tall Fescue (Kentucky 3 1) September 1 — February 28 75 Ibs/acre Bermuda Grass (unhulled) September 1 — February 28 35 Ibs/acre MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: 3,000 pounds/acre of straw mulch stabilized by mulch crimper or equivalent anchoring tool. OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): N/A Revegetation and/or reforestation plan approved by: Signature Date 4 2 Print Name R. S. Lawter, r. Title NC P.E. Registration 022101 Agency WithersRavenel. Inc. -8- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre).for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage,for each aspect ofthe mining operation that volt intend to affect during the life ofthis mining permit(in addition please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR vouu can defer to the Department to calculate vour bond for you based upon vour maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ 500 /Ac. _ $ 0 Stockpiles: 0 Ac. X $ 1,800 /Ac. _ $ 0 Wastepiles: 0 Ac. X $ 2,000 /Ac. _ $ 0 Processing Area/Haul Roads: 1.07 Ac. X $ 1,800 /Ac. _ $ 1,926 Mine Excavation: 4.82 Ac. X $ 500 /Ac. _ $ 2,410 Other: 1.07 Ac. X $ 1,800 /Ac. _ $ 1,926 TOTAL AFFECTED AC.: 6.96 Ae. (TOTAL PERMITTED AC.: 6.96 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 4.82 Ac. b) Positive Drainage 2.14 Ac. X $1,500.00 = $ 3,210 SUBTOTAL COST: $ 9,472 Inflation Factor: 0.02 X SUBTOTAL COST: $ 189 X Permit Life Provided by Applicant(Life of the Mining Operation or Life of Lease from Public Entity (in Years)): 10 INFLATION COST: $ 1,894 Total Reclamation Bond Cost: $ 11,300 (round down to the nearest$100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) -9- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail, return receipt requested,to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river, or other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy, Mineral, and Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification" attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form,before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -10- NOTICE Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971,Notice is hereby given that Ralph Thomas has applied on April 19. 2021 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine borrow material on f6.96 on 139 acre tract acres located f0.5 miles (Mineral, Ore) (Number) (Miles) South of Beaufort off/near the intersection of Hwy 70 and Merrimon Road (Direction) (Nearest Town) (Number/Name) in Carteret County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at(919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. See the following two pages for mailinglist ist Ralph Thomas, Jr. And mining map included with Notification (Name of Applicant: Include Contact Person (Addressee/Owner of Record's Name and Address) & Company Name, if Applicable) April 15,2021 106 Pleasant Drive Beaufort NC 28516 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -11- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, R.S. Lawter,Jr. an applicant,or an agent,or employee of an applicant, for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) See page I 1 for listing (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Tommy Burns, County Manager, Carteret County 302 Court House Square Beaufort NC 28516 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were c used to be mailed and to provide them to the Department upon request. 4awz Sign—affiiie of ApplicAt or Agent t I Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Ralph Thomas Title ofperson executing R..�,S,. Lawler, Jr., Vice President, WithersRavenel, Inc. I, �f \ � �=PA'l-�(_ a Notary Public of the County of State of North Carolina, do hereby certify that S kuwub/ \ Vn - appeared before me this day and under oath acknowledged that /the above Affid vit was made by him/her. Witness my hand and notarial seal, this o(V} I day of ( U�J�� 24) . - NotaryAl my Commission ex p es: J n _12- 5-13-aoa5 wake County North CamMa My Commissim Expires 5/t 3= APRIL 2021 THOMAS BORROW WR#2170158.10 1000' PROPERTY OWNER NOTIFICATION NCPIN OWNER MAILING ADDRESS CITY STATE ZIP 731803114048000 Ralph L Thomas Jr. ETAL Joseph S. Brake,Jr&Judith T Brake 106 Pleaseant Dr. Beaufort NC 28516 731803226691000 Ralph L Thomas Jr. ETAL Joseph S. Brake,Jr&Judith T Brake 106 Pleaseant Dr. Beaufort NC 28516 731803229655000 Ralph L Thomas Jr. ETAL Joseph S. Brake,Jr&Judith T Brake 106 Pleaseant Dr. Beaufort NC 28516 731803229852000 Ralph L Thomas Jr. ETAL Joseph S. Brake,Jr&Judith T Brake 106 Pleaseant Dr. Beaufort NC 28516 731803121588000 Ralph L Thomas Jr. ETAL Joseph S. Brake,Jr&Judith T Brake 106 Pleaseant Dr. Beaufort NC 28516 731803124971000 Joseph S Brake,Jr. ETAL 1907 Front St. Beaufort NC 28516 731803114965000 Richard Earl Arthur 3137 Hwy 70 Beaufort NC 28516 731803129594000 Robert Leon Armistead 202 Colonial St. Beaufort NC 28516 731803220226000 Bobby L Jones 2210 Bringle Ferry Rd. Salisbury NC 28146 731803220627000 Abagail O'Neal Bullard ETAL 200 Colonial St. Beaufort NC 28516 731803221200000 Crystal Coast Habitat for Humanity P.O Box 789 New Port NC 28570 731803222451000 Stephen &Sharon Hill 207 Colonial St. Beaufort NC 28516 731803222532000 Matthew C McCusker 52 Iris St. Asheville NC 28803 731803222622000 Craig Joseph Stengel 203 Colonial St. Beaufort NC 28516 731803222123000 Albert&Crysta Hines 201 Colonial St. Beaufort NC 28516 731803229932000 Carla Devon Wilson 3203 Hwy 70 E Beaufort NC 28516 731803309823000 John Demichelle P.O. Box 340 Atlantic Beach NC 28512 731803410671000 Elizabeth C Gutherie ETAL P.O. Box 66503 St Louis MO 63166 731803311526000 Elizabeth C Gutherie ETAL P.O. Box 66503 St Louis MO 63166 731803313868000 Kenneth &Emma Connor 270 Squirrel Ln. New Bern NC 28560 731803318997000 Kenneth & Emma Connor 270 Squirrel Ln. New Bern NC 28560 731803321795000 Jane G Halstead 129B Briar Patch Dr. Beaufort NC 28516 731803321888000 Perry A Bayer ETAL 311-B NC Hwy 903 N Greenville NC 27834 731803324323000 Michael J Jennings ETUX 300 Copeland Rd. Beaufort NC 28516 731803422607000 Gilda Pesta 282 Hardesty Cemetery Rd. New Port NC 28570 Everette Newton, Mayor, Town of Beaufort 701 Front St. Beaufort NC 28516 Tommy Burns,Carteret County Manager 302 court House sq. 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Box 340 f` 191 Front St. Beaufort,NC 28516 -----" C3ir Atlantic Beach, NC 28512 ----- o Beaufort, NC 28516 U.S. Postal Service'" U.S. Postal Service'" U.S. Postal Service'" CERTIFIED MAIL® RECEIPT CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPT rq Domestic Mall Only Domestic Ma/l Only Domestic Mail Only Co For delivery in/ormation,vlslt our webslte at www.uspscom•. _ For delivery Inlormatlon,visit our website at www.usps.com For delivery Information,visll our website at www.usps.com•. 43 ru It C3 ■ Iy �� W■ I ■■ Hem � ' ■ ■ ■ ■ - ■ - --..fi� 3 Kenneth & Emma Connor Matthew C McCusker A .51 PWt Michael J Jennings ETUX C3 New Bern, NC 1 _ Bi Asheville, NC 28803 C3 Beaufort,NC 28516 PS Form 3800,April P015 P&N i5e0-0200o-som See Reverse for Inatruclions PS Form 3aeo,April]015 nse v,ao.o=ooasoar See Reverse for Inslrumions PS Form 3a00,Apri12015 PSN via0oz0ao-son, See Reverse for Instmctions CO U.S. Postal Service,,., U.S. Postal Servicer„ U.S. Postal Service'" CERTIFIED MAIL,,., RECEIPT CERTIFIED MAIL,r., RECEIPT CERTIFIED MAIL° RECEIPT (Domestic Mai/Only;No Insurance Coverage Provided) (Domestic Mail Onfy;No/nsurance Coverage Provided) _ Domestic Mall Only For tlellvery iLn nformation vlsil our webslte at www.usps.com- For delivery information visit out website at www.usps.comc For tlellvery information,visit our website at www.usps.com'. - Ceatieci Fee _ -.-� Postmark-�� ■ C3 Hem Hem ■ . ru Stephen&Sharon Hill ru Tommy Burns,Carteret County Perry A Bayer ETAL nj 1 • • NC 1 • . 1Greenville,NC 27834 •oo See Reverae br Inrimctlon• CERTIFIEDPosta . . CERTIFIED Domestic Mail Only MAIL, RECEIPT CERTIFIED -0 , (Domestic mail Only;No Insurance Coverage Provided) Fu fDomestic Mail Only;No Insurance Coverage Provided) F+T o n- mml r9 O . Co cc in I _ - r4 COMbNed Mail Fee ..!] .n -n o y o m Postage $ N kwa w+r.*euc+ro ra.aapp,yr<ee) ru Rmupa ru C3 ORp.n Rrr�pl0+rrmN9 E Cerified Fee red;fed Fee p E Pastmarl: p PosbMa* O Postmark O ❑CaeHeewllRslnemp DAp S Here O Ree,m Receipt Fee Hera G O, ss�c Awg�l�w S p (Erela—MOM RegWred) O (EMeeem RoceG ieA) Hero rument Re retl ❑om,e sig.ro•eeawmrea DMWIS O fles C3 Restrked Dervery Fee PDEwga me Delivery Fee a � (ErWorsemenl Regwre(f) M (Entlorcemont RcquiredJ Tel S s Ralph L Thomas Jr. ETAL Joseph S. ru TewP Richard Earl Arthur N P ry sn,r R Brake,Jr&Judith T Brake o 3137 Hwy 70 a Robert Leon Armistead rq ._� N 202 Colonial St. _ ), 106 Pleaseant Dr. C3 �;riy Beaufort NC 28516 ,a ....._.. r` o o Srtse4'� Beaufort,NC 28516 rya) Beaufort,NC 28516 ..___ _ r arPo& __ N rxPOBo p'y Stet pry"star APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER(S): APPLICANT: Signature: Rc" �� � Signature-* , `c 4 -. ,44' g Print Name: Ralph Thomas, Jr. Print Name: Ralph Thomas, Jr. (Title, if applicable) Company Title: Property Owner (If applicable) Address: 106 Pleasant Drive Company: Beaufort,NC 28516 Mine Name: Thomas Borrow Pit Telephone: (252) 728-5183 Telephone: (252) 728-5183 Date Signed: 0 L C) Date Signed: G L, —U 2 — 2 0 Z I Signature: Print Name: Judy T. Brake (Title, if applicable) Company (If applicable) Address: 1907 Front Street Beaufort,NC 28516 Telephone:-ZS�0--'72i 1 Date Signed: U 4 r O L — Z *Signature must be the same as the individual who signed Page 1 of this application. - 13- APPLICATION FOR A MINING PERMIT One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919) 707-9220. - 14- APPLICATION FOR A MINING PERMIT SHPO REVIEW FORM APPROVAL OCTOBER 8, 2015 - IS- 10/10/15 11:32AN HP LASERJET FAX p.01 BORROW PIT/WASTE AREA INFORMATION FORS FOR STATE HISTORIC PRESERVATION OFFICE REV&ZEW - ` Please Print or Type ' Countya � Yt Name- Acreage. • v �.:.'. • ' " • •.� Highway Project No.and Description,,,wµ .,�...- .�.�.---- ,��- ..�'"'" �l Contractorvro ~—�w- . Company and Contact Name'" � ,Street-Address or P.O.Box Town,State, ip Coda _ }� } r Telephone/" Date Submitted ARCHITWTUIRAL RESOURCES 1. Are there any buildings or structures on the project site?(;ncludo abandoned barns,farmhouses, tobacco sheds,bridges,etc.) Ye.5 be World War II 2. If yea,submit one act of photographs of any structures which appear to hve been builte side of structurcf and area behind ore (Polaroid-type snapshots are okay).Photos should show the fronts and on structure,. �/X ARCHARMICAL RESOURCES 1- Present And previous land uses of the proposed borrow area. 2. What kind of site preparation,if any,has taken place,on the project site? 3. Have any artifacts(arrowheads,pottery,etc.)been found on the site? NO 4. Are any marked or unmarked cemeteries located within the Proposed plc area? S. Has the area been surveyed by an archaeologist?If Yea,give the name of the archaeologist and the date,of the survey,if know. please attach a copy of a map showing the esGact location 4 theproposed barrow pit/waste axes. A portion of an identified 9806 quad sheet 1$preferred and will ensure ti ►Qly xcview*(your project.Submit the aomplated fbnra and,asap to:Renee Gledhill-Barley,Environmental Review CQOrd184t6ty State Ifistorfc prega anon OMce,4617 KVA Service COAtor,RaUlgh,KC 27699-4617 (telephone 919/507.6664). **A tow at least thirty s bt Our r vie and eomaataot" _.._.. We have no comment on the project as proposed. Additional information is needed to complete our review. An archaeological survey is recommended. Signed: Rence Gledhil-,at1 ley February 200 5 ! 8 � . APPLICATION FOR A MINING PERMIT USAGE EMAIL CONFIRMING APPROVAL OF DELINEATION JUNE 279 2017 - 16- Beasley, Troy From: Charles,Thomas P CIV USARMY CESAW(US) <thomas.p.charles@usace.army.mil> Sent: Tuesday,June 27, 2017 4:31 PM To: Beasley,Troy, Hair, Sarah E CIV CESAW CESAD(US) Subject: RE:Carolina Bridge Company-Thomas Borrow Pit- Beaufort,Carteret County- Follow up to our 5/30/17 Pre-Application Meeting/Site Visit Troy, I did talk to Liz about the pre-ap meeting and she knows it is going to be a CAMA Major Permit application. Regards,Tom Tom Charles thomas.p.charles@usace.army.mil Regulatory Specialist 910-251-4101 cell 910-465-7602 We can only receive under 14,000-KBs use this for KBs over 14-KB Blockedhttps:Hsafe.amrdec.army.mil/safe/ Your feedback on our service is greatly appreciated. Please take some time to complete the customer feedback survey at: Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Please see the following link for guidance on use of Preliminary Jurisdictional Determinations: Blockedhttp://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx Blockedhttp://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx -----Original Message----- From:Beasley,Troy[mailto:TBeasley@withersravenel.com] Sent:Tuesday,June 27,2017 4:12 PM To:Charles,Thomas P CIV USARMY CESAW(US)<thomas.p.charles@usace.army.mil>;Hair,Sarah E CIV CESAW CESAD (US)<Sarah.E.Hair@usace.army.mil> Subject:[Non-DoD Source]Carolina Bridge Company-Thomas Borrow Pit-Beaufort,Carteret County-Follow up to our 5/30/17 Pre-Application Meeting/Site Visit Tom, This email is in follow up to our 05/30/17 onsite pre-application meeting at the proposed Thomas Borrow Pit site,which is located on a parcel (PIN 731803114048000)at 3101 Hwy 70 in Beaufort,Carteret County. The proposed project consists of a±10 acre project area that will contain a±5 acre borrow pit with a haul road connecting to Hwy 17. 1 have attached the Project Information sheet to this email for your files. At our onsite pre-application meeting,you concurred with the jurisdictional limits of the wetlands(Wetland A&B),as well as concurred that the ditches running through the project site were jurisdictional RPW ditches,as shown in the attached exhibit. Since the jurisdictional RPW ditches are located within the proposed borrow pit location,they will be impacted during excavation,which will require a 404 authorization. 1 I had previously met with Brad Connell with NCDCM on 05/17/17 to verify the limits of CAMA jurisdiction and confirm the NHW limits,as the lower portions of the farm ditches were tidally influenced. The limits of CAMA jurisdiction and 75'AECs as approved by Brad Connell are depicted in the attached exhibit. Please note that there the ditches within the project site are not tidally influenced,and there are no CAMA wetlands within the project area. Since the improvements to the existing farm road(located along the northern boundary of the project area)will result in disturbance within the 75'AEC,a CAMA permit will be required. Additionally,since the project will require a 404 authorization,as well as a mining permit,a CAMA Major Development Permit will be required. As discussed at our site meeting,the project will require a CAMA Major Development Permit,future coordination/permitting for this project will be handled by Liz Hair. Please note that I will contact Liz to schedule a pre- submittal meeting to discuss the project. Also,I will submit the PJD request with the CAMA Major Permit application. Thanks for your help. Please let me know if you have any questions. Troy Beasley <Blockedhttp://www.withersravenel.com/> 219 Station Road,Suite 101 1 Wilmington,NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile:910.622.0122 tbeasley@withersravenel.com<mailto:tbeasley@withersravenel.com> <Blockedhttps://www.Iinkedin.com/company/1040027?trk=tyah&trklnfo=clickedVertica1%3Acompany%2CclickedEntityl d%3A1040027%2Cidx%3A21-3%2Ctarld%3A1439227492366%2Ctas%3Awithersravenel> <Blockedhttps://www.facebook.com/withersravenel?ref=bookmarks> <Blockedhttps://twitter.com/WithersRavenel> <Blockedhttps://www.youtube.com/channel/UClY4TLZTX7cTZxW_zKAXz_Q> CONFIDENTIALITY AND NONDISCLOSURE<Blockedhttp://withersravenel.com/wp- conte nt/u ploads/2015/09/Conf identia l ity.png> z APPLICATION FOR A MINING PERMIT NCDCM EMAIL CONFIRMING APPROVAL OF CAMA JURISDICTION JUNE 27, 2017 - 17- Beasley, Troy From: Connell, Brad <brad.connell@ncdenr.gov> Sent: Tuesday,June 27, 2017 4:47 PM To: Beasley,Troy Subject: RE: Carolina Bridge Company-Thomas Borrow Pit- Beaufort, Carteret County- Follow up to our 5/17/17 Pre-Application Meeting/Site Visit Importance: High Soundsgood. Brad Connell Field Representative NC Division of Coastal Management http://r)ortal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext.214 Brad.Connell @ncdenr.gov '=-^Nothing Compares - E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Beasley,Troy[mailto:TBeasley@withersravenel.com] Sent:Tuesday,June 27,2017 4:25 PM To:Connell, Brad<brad.connelI@ncdenr.gov> Subject:FW:Carolina Bridge Company-Thomas Borrow Pit-Beaufort,Carteret County-Follow up to our 5/17/17 Pre- Application Meeting/Site Visit Brad, This email is in follow up to our 05/17/17 onsite pre-application meeting at the proposed Thomas Borrow Pit site,which is located on a parcel(PIN 731803114048000)at 3101 Hwy 70 in Beaufort,Carteret County. The proposed project consists of a±10 acre project area that will contain a±5 acre borrow pit with a haul road connecting to Hwy 17. 1 have attached the Project Information sheet to this email for your files. At our onsite pre-application meeting,we confirmed the limits of CAMA jurisdiction both for the NHW,as well as coastal wetlands. The attached exhibit depicts the limits of CAMA jurisdiction as determined at our site visit. At the site visit, we confirmed that the ditches within the project area are not tidally influenced,and there are no CAMA wetlands within the project area. Since the improvements to the existing farm road(located along the northern boundary of the project area)will result in disturbance within the 75'AEC,a CAMA permit will be required. Additionally,since the project will require a 404 authorization,as well as a mining permit,a CAMA Major Development Permit will be required. I also met with Tom Charles with the USACE on 05/30/17,and he concurred with the jurisdictional limits of the wetlands (Wetland A&B),as well as concurred that the ditches running through the project site were jurisdictional RPW ditches, 1 as shown in the attached exhibit. Since the jurisdictional RPW ditches are located within the proposed borrow pit location,they will be impacted during excavation,which will require a 404 authorization. I will let you know when we have begun working on the CAMA Major application so that you'll know to expect the submittal. Thanks for your help. Please let me know if you have any questions. Troy Beasley I- Vilming-,00 NC 284O$ ... . _ ;.r.. 910. 09 S12 Mobiles 910.622D122 tbeasl evPwithersravenel.com CON F I DENTIAL I TY AN D NONDISCLOSURE 2 APPLICATION FOR A MINING PERMIT NCDCM EMAIL CONFIRMING APPROVAL OF CAMA JURISDICTION SEPTEMBER 13, 2017 -20- Beasley, Troy From: Connell, Brad <brad.connell@ncdenr.gov> Sent: Wednesday, September 13, 2017 2:50 PM To: Beasley, Troy Subject: RE: Carolina Bridge Company-Thomas Borrow Pit - Beaufort, Carteret County - Follow up to our 5/17/17 Pre-Application Meeting/Site Visit Importance: High Yes sir,that is correct. You will still need to coordinate with the US Army Corps of Engineers and NC Division of Land Resources though. Brad Connell Field Representative NC Division of Coastal Management http://Portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext.214 Brad.Connell@ncdenr.gov 01- -- Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina public Records Law and may be disclosed to third parties. From: Beasley,Troy[mailto:TBeasley@withersravenel.comj Sent:Wednesday,September 13,2017 11:33 AM To:Connell,Brad<brad.connell@ncdenr.gov> Subject:RE:Carolina Bridge Company-Thomas Borrow Pit-Beaufort,Carteret County-Follow up to our 5/17/17 Pre- Application Meeting/Site Visit Brad, In our last discussion,we had assumed that the existing farm road would be widened, resulting in disturbance within the 75'AEC and 30' Coastal Buffer. And since there will be impacts to jurisdictional ditches,the project would require a CAMA Major Permit. After numerous discussions with my Client, they think that the existing farm road is wide enough that they won't need to expand for dump truck traffic. So they'll be using an existing road through the 75' AEC and 30' Coastal Buffer for the haul road. Since there won't be any improvements to the portion of the road through CAMA jurisdiction, or any other disturbance/activities within CAMA jurisdiction, I don't believe that we will need a CAMA permit for this project. Can you please provide some feedback on this? I've attached the CAMA/Wetland Exhibit for reference. The haul road is along the northern project boundary by the NCDOT trailer. Thanks. We've moved!Please note our new address below. 1 Troy Beasley 1.,SLation Road,Suite 101 1 Wilmington,NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile:910.622.0122 tbeaslev@withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE From:Connell, Brad [mailto:brad.connell@ncdenr.gov] Sent:Tuesday,June 27,2017 4:47 PM To:Beasley,Troy<TBeasley@withersravenel.com> Subject: RE:Carolina Bridge Company-Thomas Borrow Pit-Beaufort,Carteret County-Follow up to our 5/17/17 Pre- Application Meeting/Site Visit Importance: High Sounds good. Brad Connell Field Representative NC Division of Coastal Management http://portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext.214 Brad.Con nell @ncdenr.gov 'Nothing Compares —_ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Beasley,Troy[mailto:TBeaslev@withersravenel.coml Sent:Tuesday,June 27, 2017 4:25 PM To:Connell, Brad<brad.connell@ncdenr.gov> Subject:FIN:Carolina Bridge Company-Thomas Borrow Pit-Beaufort,Carteret County-Follow up to our 5/17/17 Pre- Application Meeting/Site Visit Brad, This email is in follow up to our 05/17/17 onsite pre-application meeting at the proposed Thomas Borrow Pit site,which is located on a parcel (PIN 731803114048000)at 3101 Hwy 70 in Beaufort,Carteret County. The proposed project consists of a±10 acre project area that will contain a±5 acre borrow pit with a haul road connecting to Hwy 17. 1 have attached the Project Information sheet to this email for your files. 2 At our onsite pre-application meeting,we confirmed the limits of CAMAjurisdiction both for the NHW,as well as coastal wetlands. The attached exhibit depicts the limits of CAMA jurisdiction as determined at our site visit. At the site visit, we confirmed that the ditches within the project area are not tidally influenced,and there are no CAMA wetlands within the project area. Since the improvements to the existing farm road (located along the northern boundary of the project area)will result in disturbance within the 75'AEC,a CAMA permit will be required. Additionally,since the project will require a 404 authorization,as well as a mining permit,a CAMA Major Development Permit will be required. I also met with Tom Charles with the USACE on 05/30/17,and he concurred with the jurisdictional limits of the wetlands (Wetland A& B),as well as concurred that the ditches running through the project site were jurisdictional RPW ditches, as shown in the attached exhibit. Since the jurisdictional RPW ditches are located within the proposed borrow pit location,they will be impacted during excavation,which will require a 404 authorization. I will let you know when we have begun working on the CAMA Major application so that you'll know to expect the submittal. Thanks for your help. Please let me know if you have any questions. Troy Beasley 219 Station Road,Suite 101 1 Wilmington,NC 28405 Office 910.255.9277 1 Direct:910.509.6512 L` - _ tbeasley0withersravenel.com CONFIDENTIALITY AND NONDISCLOSURE 3 APPLICATION FOR A MINING PERMIT THOMAS PIT.NCDWR 401 WQC NOVEMBER 21, 2017 - 18- ROY COOPER 1C_ Governor MICHAEL S.REGAN Secretary Water Resources LINDA CULLPEPPER Environmental Quality November 21,2017 Interim Director DWR Project#2017-1234 Carteret County Mr. Ralph Thomas,Jr. 106 Pleasant Drive Beaufort, NC 28516 Subject Property: Carolina Bridge Company-Thomas Borrow Pit-Beaufort Approval of 401 Water Quality Certification with Additional Conditions Dear Mr.Thomas, You have our approval, in accordance with the attached conditions and those listed below, to impact a total of 0.11 acres of open water area in order to construct a borrow pit and waste area as described in your application received by the N.C. Division of Water Resources (DWR) on October 6, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number44(GC4092). This Certification allows you to use the Nationwide Permit 44 when issued by the U.S. Army Corps of Engineers. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit.This Certification can also be found on line at: http://portaI.ncdenr.org/web/wq/swp/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. -^^Nothing Compares s, . State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 2W5 910-796-7215 Thomas Borrow Pit-Carteret County OWR Permit#20171234 November 21,2017 Page 2of4 If the property is sold,the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .05021. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification,and shall provide each of its contractors(and/or agents)a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project,regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms 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 a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with 303(d)of the Clean Water Act),and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use,or that State or Federal law is being violated, or that further conditions are necessary to assure compliance,than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H.0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with Thomas Borrow Pit-Carteret County DWR Permit#20171234 November 21,2017 Page 3 of 4 provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506(b)(3) and (c)(3), 15A NCAC 02B .0200(3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director,an authorized representative of the Director, or DEC.staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC,27699 within ten days of project completion.The certification of completion is available at: http://porta I.ncdenr.org/web/wo/swp/ws/401/certsand perm its/a Poly/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or LAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. Within sixty(60)calendar days of receipt of this notice,a petition must be filed with the OAH. A petition is considered filed when the original and one(1)copy along with any applicable OAH filing fee is received in the OAH during normal office hours(Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Thomas Borrow Pit-Carteret County DWR Permit#20171234 November 21,2017 Page 4 of 4 Mailing address for the OAH: if sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One(1)copy of the petition must also be served to DEQ: Bill Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb.Mairs@ncdenr..Rov. Sincerel Mo 6jalcez King,Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office i Division of Water Resources, NCDEQ i I Enclosures: GC 4092 t Tom Charles-USACE Wilmington Regulatory Field Office-Electronic Copy Brad Connell—NCDCM Morehead City Office Kevin Jones—Carolina Bridge Co., Inc.—Electronic Copy Troy Beasley-WithersRavenel—Electronic Copy DWR 401&Buffer Permitting Branch file-LF WiRO STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4092 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT NUMBER 18(MINOR DISCHARGES), • NATIONWIDE PERMIT NUMBER 29(RESIDENTIAL DEVELOPMENT), • NATIONWIDE PERMIT NUMBER 39(COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), • NATIONWIDE PERMIT NUMBER 40(AGRICULTURAL ACTIVITIES), • NATIONWIDE PERMIT NUMBER 41(RESHAPING EXISTING DRAINAGE DITCHES), • NATIONWIDE PERMIT NUMBER 42(RECREATIONAL FACILITIES), • NATIONWIDE PERMIT NUMBER 44(MINING ACTIVITIES), • NATIONWIDE PERMIT NUMBER 46(DISCHARGES IN DITCHES), • NATIONWIDE PERMIT NUMBER 51(LAND BASED RENEWABLE ENERGY GENERATION FACILITIES),AND • NATIONWIDE PERMIT NUMBER 52(WATER BASED RENEWABLE ENERGY GENERATION PILOT PROJECTS). i Water Quality Certification Number 4092 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (18, 29, 39,40,41,42,44,46, 51 and 52)of the US Army Corps of Engineers regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301,302,303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: March 19, 2017 Signed this day March 3,2017 i By /f r for S.Jay Zimmerman, P.G. Director GC4092 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources(DWR): a) If any of the conditions of this Certification (listed below) cannot be met; or b) Any impacts to streams from excavation or dredging;or c) Total temporary and permanent impacts to streams greater than 150 feet; or d) Any stream relocation or stream restoration;or e) Total temporary and permanent impacts to wetlands or open waters equal to or greater than one-tenth (1/10)acre; or f) Any high density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which does not have a stormwater management plan reviewed and approved under a state stormwater program'or a state- approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally-implemented stormwater programs and projects that satisfy state or locally-implemented stormwater programs through use of community in-lieu programs require written approval.;or g) Any impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including i SAV), HQW(including PNA), SA,WS-I,WS-II,Trout,or North Carolina or National Wild and Scenic River; or h) Any impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL) [15A NCAC 02H .0506];or i i i) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules(15A NCAC 02B .0200); or j) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of I application) unless: i) The activities are listed as "EXEMPT" from these rules; or f ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management(DCM); or -- iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. 1 e.g.Coastal Counties,HQW,ORW,or state-implemented Phase II NPDES I'I 2 e.g.Delegated Phase II NPDES,Water Supply Watershed,Nutrient-Sensitive Waters,or Universal Stormwater 4 Management Program Page 2 of 11 GC4092 I. ACTIVITY SPECIFIC CONDITIONS: 1. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters,or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4)and(c)(4)] 2. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 3. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels,whichever is appropriate. [15A NCAC 02H .0506(b)(4)and — (c)(4)] 4. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other projects that disturb one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); have permanent wetland,stream,or open water impacts; and are proposing new built-upon area shall comply with the following requirements: 115A NCAC 02H .0506(b)(5) and (c)(5)) a. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Projects that have vested rights, exemptions, or grandfathering from state or locally- implemented stormwater programs do not satisfy this condition. Projects that satisfy state or locally-implemented stormwater programs through use of community in-lieu programs do not satisfy this condition. c. Projects that require written authorization from DWR shall submit the following with their application for review and approval: i. For projects that have a stormwater management plan (SMP) reviewed under a state stormwater program' or a state-approved local government stormwater program' shall submit plans that show the location and approximate size of all proposed stormwater measures; 1 e.g.Coastal Counties,HQW,ORW,or state-implemented Phase II NPDES 2 e.g.Delegated Phase 11 NPDES,Water Supply Watershed,Nutrient-Sensitive Waters,or Universal Stormwater Management Program Page 3 of 11 GC4092 ii. All other low density projects not covered above shall submit a completed low density supplement form with all required items;and iii. All other high density projects not covered above shall submit a completed SMP, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high density development requirements of 15A N CAC 02 H .1003. d. Projects that do not require written approval from DWR shall obtain approval of the SMP, when required, before any impacts authorized by this Certification occur. e. SMPs approved by DWR may be phased on a case-by-case basis. SMPs for each future phase must be approved before construction of that phase commences. Approved SMPs may not be modified without prior written authorization from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] i 3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for losses of greater than 150 linear feet of streams and/or greater than one (1) acre of wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 150 linear feet per stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. ; i Page 4 of 11 GC4092 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506 (b)(3)and(c)(3)and 15A NCAC 02B.0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and -- stormwater routing and treatment shall be on site at all times. For borrow pit sites,the erosion and sediment control measures shall be designed, installed, i operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. j If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except j within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502) i 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used j along streambanks or within wetlands. Exceptions to this condition require application to 1 and written approval from DWR. [15A NCAC 02B .0201] l Page 5 of 11 GC4092 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. (15A I NCAC 02H .0506(b)(5) and(c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5)and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A ! NCAC 02H .0506(b)(3)and (c)(3)] j 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2)and 15A NCAC 048 .0125] i All moratoriums on construction activities established by the NC Wildlife Resources j Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given � moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert 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 culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2)and(c)(2)] Page 6 of 11 G C4092 Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20%of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert,culvert profile drawings,and slope calculations,shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, t photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the j installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site-specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream.-Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02-H .0506(b)(5)] I Page 7 of 11 GC4092 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B.0231] 14. If concrete is used during construction,then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2)and (c)(2)] 17.Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. 115A NCAC 02H .0506(b)(2)] i 18.Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or ' masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the i streambed except in specific areas required for velocity control and to ensure structural ! integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 19.Applications for rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Page 8 of 11 GC4092 20.All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B.0211(12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3)and (c)(3)] 22. In accordance with 143-215.85(b),the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document j is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion,the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency 115A NCAC 01C j .0107(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, ! including those required by, but not limited to Sediment and Erosion Control, Non-Discharge,. Water Supply Watershed,and Trout Buffer regulations. 25.The applicant and their authorized agents shall conduct all activities in a manner consistent j with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, { or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 26.When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] Page 9 of 11 GC4092 27. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 28. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e),written approval for a 401 i Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only-make one payment to satisfy both agencies;the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any - waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in -any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. I 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] t 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers re authorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I Page 10 o€11 GC4092 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. 7. Public hearings may be held prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Resources. I History Note: Water Quality Certification (WQQ Number 4092 issued March 3, 2017 replaces WQC 3890 issued March 19, 2012 replaces WQC Number 3821 issued April 6, 2010, WQC Number 3631 issued March 19, 2007, WQC 3402 issued March, 2003, WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000, WQCs 3106 and 3108 issued February 11, 1997 i C I i `l I i i Page 11 of 11 APPLICATION FOR A MINING PERMIT THOMAS PIT USACE NWP 44 FEBRUARY 7, 2018 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.SAW-2017-01139 County:Carteret U.S.G.S.Quad:NC-Beaufort GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Carolina Bridge Company,Inc. Agent Withers Ravenel C/o Kevin.tones C/o Troy Beasley PO Box 515 219 Station Road Orangeburg SC,28110 Suite 101 Wilmington,NC 28405 Size(acres) 139 Nearest Town Beaufort Nearest Waterway Thomas Creek River Basin White Oak USGS HUC 03020106 Coordinates Latitude:34.775781 Longitude:-76.626063 Location description: Project is located on the west of US Highway 70 in Beaufort,Carteret County,North Carolina.Pronerty is a cleared agricultural field with existing ditches.Project area is approximately 10 acres. Description of projects area and activity:This verification authorizes the discharge fill into 0.11 acre of jurisdictional ditches for the purpose of creating a sand mining borrow pit and waste area for temporary placement of unusable soils.The onsite ditches will be rerouted to the west of the project area in order to maintain hydrologic connections. Applicable Law(s): ® Section 404(Clean Water Act,33 USC 1344) ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Nationwide/General Permit Number: Permit Number:44 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions,your application signed and dated 9/27/2017,and the enclosed plans Thomas Borrow Pit,Sheets 1-3 dated 9/25/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such that the activity would no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e.,are under construction) or arc under contract to commence in reliance upon the nationwide permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior to beginning work you must contact the N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,State or local approvals/permits. If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory program, please contact Rachel Capitol at(910)-251-4487 or Rachel.A.Capitona,usace.army.mil. CAPITOAACHEL.ANNA 53627679 a+c 0s U.S. o�=-o 0 o MwaouAiSk Corps Regulatory Official: o am.20leo7o,AiaN8.OSW 90 Date: 2/7/2018 Expiration Date of Verification: 3/17/2022 SPECIAL CONDITIONS 1. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. 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 earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 2. Except as authorized by 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, or shall any activities take place that cause the degradation of waters or wetlands. Action ID Number: SAW-2017-01139 County: Carteret Permittee: Carolina Bridge Company, Inc.. Kevin Jones Project Name: Thomas Borrow Pit Date Verification Issued: 2/7/2018 Project Manager: Rachel Capito Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit,and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date EXISTING FARM ROAD TO BE USED AS HAUL ROAD WITH NO EXPANSION i A�sEP RC?_Yi! p OP OII Ii4flEL -G" KU'IJ-11Y iI-l>0 i1bR I r WPS EEPEq �I'�II I lwt T_E- Ill JJJ• O ASTE O _S U Z 4 L VICINITYMAP 1--2.000• LEGEND {� �7 PROPERTY LINE DITCH(TIDAL) PROJECTLIMITS COASTALWETIANDS „ SITE e IMPACT AREA DITCHES-NON-TIDAL(404) NOTES f GRAPI IIC SCALE Ft 1. WETLAND DELINEATION FIELD VERIHED BY TOM CHARLES WITH THE USACE ON 5/30/17, JP2 o tw tac ! 2. DELINEATION OF COASTAL WETLANDS,NHW LINE AND LIMBS OF CAMA JURISDICTION FIELD VERIFIED BY BRAD -- CONNELL WITH NCDCM ON 5/17/17. 1 In6-300 k. 3. PROJECT WILL USE EX1571NG ROAD THROUGH LAMA AEC TOACCESS BORROW PIT,AND A CAMA PERMIT 15 NOT REQUIRED PER EMAIL FROM BRAD CONNELL WITH NCDCM DATED 9/13/17. e r u.�i.• on. u..r. mi. s THOMAS BORROW PIT- vene .n OVERALL EXHIBIT CONTRACT C203563 B-47226 IMPACT IMPACT PERMANENT FEW DITCH NUMBER SPECIFICATION (SF) I (AC) 30-FOOT COASTAL I BORROW PIT 1182 O.D2 BUFFER 2 BORROW PIT L234 O.D3 PROJECT LIMITS EXISTING FARM ROAD TO 75-FOOT CAMA AEC 3 WASTEAREA L181 0.03 BE USED AS HAUL ROAD 1 404 WETLAND \` 4 WASTE AREA 1.30 WITH NO EXPANSION 2 0.03 \` TOTAL yW2 0.11 � — J �..�-..= DITCH GNERNIpN 'III I �( ) y _txlsilncrvcuul — — wia " III III 1I NON-TIDAL AR[A- - _ •" ` — E%(STING NC00T TRAILER SHEET3 I PROPOSED — — IMPACT MAP •° BORROW PIT AREA (1,2,3,4) IR (330 FT X 330 FT) PHASE II WASTE AREA — — — IR (IF NEEDED) — — — — — — — — — — — — — — — — - .n 375 FT X 200 FT) - - - - - - - - - - - - - -� PROPOSED WASTE / L — — —A EA (375 FT X 200 FT) COASTAL WETLANDS — — — — — — — — — — 404 WETLAND Y DITCH (TIDAL) BARN LEGEND NOTES DEUx ON FCOApI LWVp NDS. B tIN owa.Eswmn VurtnctpNfpONF aOR JURISDICTIONAL WEIlANDS PROJECT LIMITS COASTAL WETlAN05 ;. WE1lAnpx DE90ABIMW.11 NOS.NNWCINEnNDEIM115p1 cnewll.1 1ON DE.ovEROiEoev ezw 32 o l aN n'RfM1LUMEXKnNGROn INVpGX M>NR 10 M[ESSBOxNW HI nNOP[/MAVENNlI ryNpl PROPERTY LINE CAMAAEC DITCH(NON-TIDAL) REONED RR EMN-FROM BRAD OONNFLL ne N(OOMOATO B/Wv { GRAPHIC SCALE ISO p 11 50 ]ON - EXISTING CONTOUR DITCH(TIDAL) 30 COASTAL BUFFER "' - DNERSION DITCH ` 1 Inch=150 fG E THOMAS BORROW PIT- Wit ersRavene CONTRACT C203563 B-4722B OVERALL PROJECT AREA EXHIBIT 1� '^R^^ ""^° °^ 2- PROPERTY BOUNDARY PERMANENT RPW DITCH M1IMPACT IMPACT 4 • — . 882 FT' ;:Inuw PERMANENT RPW DITCH IMPACT 0.02 ACRES I ^ CLEVERT 0.03 ACRES -- -- ---- - — --- --- -- 1,305 FT2 i IMPACT2 IR PROPOSED BORROW h I'16 PERMANENT RPW DITCH IMPACT ° PIT AREA 0.03 ACRES (330 FT X 330 FT) PHASE II 1.234 FT' I WASTE AREA (IF NEEDED) j a (375 FT X 200 FT) DIVERSION �( — — • — • — • — • — • — • — J / r Iva DITCH I " e � PROPOSED WASTE AREA (375 FT X 200 FT) I IMPACT 3 PERMANENT RPW DITCH IMPACT i 0.03 ACRES J1.181 FT` . ' PROJECT LIMITS 3 . - 4 ' t i LEGEND NOTES oEUNE41 ION FIELD VERITED a.,OM LIAR-e swn--ET-u IE Dv 100111 F - MSTINCCONTOUR PROPERTYLINE COASTAL WETLANDS t. oEINFAllory or co45iuwEiANos.nnwurvEnN�:,w.rEorrwM4�uReD,Lnon ElELov[zEIEODrDUO { — I CiONNELL N1LnrvC DC 11111. flROIERWll1Y FIGHTING ROME THROUGH CMU4E[EJ 4CCi5590PflOW Ti,pxp4CaMl•VERMI16 NOT ]5'CAMA AEC PROJECTUMITS DRCH INOMTIDAL) EWIRLD RR F.,mornenmmnncuwrtx FlGRN mnEpgvpr { GRAPHIC SCALE 100 IF HE 1. zoo DIVERSION DRCH DITCH(TIDAL) 3V COASTAL BUFFER I 1 in[F=100 R. s THOMAS BORROW PIT- ! Wrt ersRavene CONTRACT Q03563 B-47228 IMPACT MAP 1� 3❑